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 2015 is bound in three separate volumes. Volume One contains January 12, 2015 through March 19, 2015. Volume Two contains March 20, 2015 through March 31, 2015. Volume Three contains March 31, 2015 through April 2, 2015 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2015 FIRST SESSION OF THE 153RD GENERAL ASSEMBLY Commenced at Atlanta, Georgia, Monday, January 12, 2015 and adjourned Thursday, April 2, 2015 VOLUME ONE Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2015 CASEY CAGLE................................................................ President (Lieutenant Governor) HALL COUNTY DAVID J. SHAFER ......................................................................... President Pro Tempore GWINNETT COUNTY DAVID A. COOK ............................................................................ Secretary of the Senate FULTON COUNTY JOHN LONG ............................................................................................. Sergeant at Arms DEKALB COUNTY STAFF OF SECRETARY OF THE SENATE DEBBIE EWING ............................................................. Assistant Secretary of the Senate DEKALB COUNTY DEBORAH BEVELLE ......................................................................................... Bill Clerk HENRY COUNTY DEENIE COKER ...................................................................... Enrolling/Engrossing Clerk HENRY COUNTY CHEREE HARPER ............................................................................................ Index Clerk FULTON COUNTY AMY KRIEG.............................................................................................. Bill Status Clerk DEKALB COUNTY LAURA MESSIER........................................................................................Calendar Clerk DEKALB COUNTY DEANNIE ROBINSON .................................................................................. Journal Clerk DEKALB COUNTY JEAN SHUPE........................................................................................................ Bill Clerk HENRY COUNTY RICH SNELSON....................................................................................Assistant Bill Clerk FULTON COUNTY JESSIE THOMPSON ............................................................................ Print Shop Manager DEKALB COUNTY MEMBERS OF THE SENATE OF GEORGIA FOR THE TERM 2015-2016 Senators District Address Albers, John (R).................................................................. 56 ....................Roswell Beach, Brandon (R) ............................................................ 21 ....................Alpharetta Bethel, Charlie (R).............................................................. 54 ....................Dalton Black, Ellis (R) ..................................................................... 8 ....................Valdosta Burke, Dean (R).................................................................. 11 ....................Bainbridge Butler, Gloria S. (D) ........................................................... 55 ....................Stone Mountain Cowsert, Bill (R)................................................................. 46 ....................Athens Crane, Mike (R) .................................................................. 28 ....................Newnan Davenport, Gail (D) ............................................................ 44 ....................Jonesboro Dugan, Mike (R)................................................................. 30 ....................Carrollton Fort, Vincent D. (D) ........................................................... 39 ....................Atlanta Ginn, Frank (R)................................................................... 47 ....................Danielsville Gooch, Steve (R) ................................................................ 51 ....................Dahlonega Harbin, Marty (R) ............................................................... 16 ....................Tyrone 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, Lester G. (D) .......................................................... 2 ....................Savannah Jackson, William "Bill" (R) ............................................... 24 ....................Appling James, Donzella (D) ........................................................... 35 ....................Atlanta Jeffares, Rick (R) ................................................................ 17 ....................McDonough Jones, Burt (R) .................................................................... 25 ....................Jackson Jones, Emanuel (D)............................................................. 10 ....................Decatur Jones II, Harold V. (D) ....................................................... 22 ....................Augusta Kennedy, John F. (R).......................................................... 18 ....................Macon Kirk, G. M. "Greg" (R)....................................................... 13 ....................Americus Ligon, Jr., William (R) ......................................................... 3 ....................Brunswick Lucas, Sr., David (D).......................................................... 26 ....................Macon Martin IV, P. K. (R).............................................................. 9 ....................Lawrenceville McKoon, Josh (R)............................................................... 29 ....................Columbus Millar, Fran (R)................................................................... 40 ....................Atlanta Miller, Butch (R) ................................................................ 49 ....................Gainesville Mullis, Jeff E. (R) ............................................................... 53 ....................Chickamauga Orrock, Nan (D).................................................................. 36 ....................Atlanta Parent, Elena (D) ................................................................ 42 ....................Atlanta Ramsey, Sr., Ronald B. (D) ................................................ 43 ....................Decatur Rhett, Michael A. (D) ......................................................... 33 ....................Marietta Seay, Valencia (D).............................................................. 34 ....................Riverdale Shafer, David J. (R) ............................................................ 48 ....................Duluth Sims, Freddie Powell (D) ................................................... 12 ....................Dawson Stone, Jesse (R)................................................................... 23 ....................Waynesboro Tate, Horacena (D) ............................................................. 38 ....................Atlanta Thompson, Bruce (R) ......................................................... 14 ....................White Thompson, Curt (D) ............................................................. 5 ....................Tucker Tippins, Lindsey (R)........................................................... 37 ....................Marietta Tolleson, Ross (R) .............................................................. 20 ....................Perry Unterman, Renee (R).......................................................... 45 ....................Buford Watson, Ben (R) ................................................................... 1 ....................Savannah Wilkinson, John (R)............................................................ 50 ....................Toccoa Williams, Michael (R) ........................................................ 27 ....................Cumming Williams, Tommie (R)........................................................ 19 ....................Lyons MONDAY, JANUARY 12, 2015 1 Senate Chamber, Atlanta, Georgia Monday, January 12, 2015 First Legislative Day The Senators-elect of the General Assembly of Georgia for the years 2015 - 2016 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, Senior Pastor Jentezen Franklin of Gainesville, Georgia, who offered scripture reading and prayer. Serving as the doctor of the day was Dr. Robert S. Kaufmann. The following communication from the Honorable Brian P. Kemp, Secretary of State, certifying the Senators-elect in the General Election of 2014 was 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 2014 General Election held on November 4, 2014; 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 6th day of January, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Thirty-Ninth. /s/ Brian P. Kemp Secretary of State Seat District 1 District 2 District 3 District 4 Elected Official B. L. "BEN" WATSON LESTER G. JACKSON WILLIAM T. LIGON, JR. JACK S. HILL 2 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 District 48 JOURNAL OF THE SENATE CURT B. THOMPSON HUNTER B. HILL TYLER J. HARPER C. ELLIS BLACK P. K. MARTIN EMANUEL D. JONES K. DEAN BURKE FREDDIE K. POWELL SIMS G. M. "GREG" KIRK BRUCE A. THOMPSON E. "ED" HARBISON M. H. HARBIN RICHARD M. JEFFARES JOHN F. KENNEDY TOMMIE A. WILLIAMS T. ROSS TOLLESON BRANDON L. BEACH HAROLD V. JONES II JESSE COLLINS STONE WILLIAM S. JACKSON W. B. "BURT" JONES DAVID E. LUCAS, SR. MICHAEL E. WILLIAMS MICHAEL R. "MIKE" CRANE JOSHUA ROBERT MCKOON WILLIAM D. "BILL" HEATH JUDSON H. HILL MICHAEL A. RHETT VALENCIA MARTIN SEAY DONZELLA J. JAMES NANCY G. "NAN" ORROCK LINDSEY A. TIPPINS HORACENA E. TATE VINCENT FORT FRANCIS R. "FRAN" MILLAR STEPHEN B. "STEVE" HENSON ELENA C. PARENT RONALD B. RAMSEY, SR. GAIL P. DAVENPORT RENEE S. UNTERMAN W. S. "BILL" COWSERT FRANKLIN J. "FRANK" GINN DAVID J. SHAFER MONDAY, JANUARY 12, 2015 3 District 49 District 50 District 51 District 52 District 53 District 54 District 55 District 56 CECIL T. "BUTCH" MILLER JOHN K. WILKINSON STEPHEN W. "STEVE" GOOCH C. E. "CHUCK" HUFSTETLER JEFF E. MULLIS CHARLES J. "CHARLIE" BETHEL GLORIA S. BUTLER JOHN E. ALBERS The President introduced Honorable Hugh P. Thompson, Chief Justice of the Supreme Court of Georgia, who administered the oaths of office to all Senators-elect as confirmed by the following communication: SUPREME COURT OF GEORGIA 40 CAPITOL SQUARE ATLANTA, GA 30334 Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Hugh P. Thompson, Chief Justice of the Supreme Court of Georgia, do hereby certify by my signature below that I have this date, January 12, 2015, at 10:30 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 2015 - 2016 term: "I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding; that I have been a resident of my district for the time required by the Constitution and the laws of this state; that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." SIGNED: Hugh P. Thompson Chief Justice DATED: January 12, 2015 4 JOURNAL OF THE SENATE The President spoke extemporaneously to the Senate. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 April 29, 2014 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable David Shafer President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Cagle and Senator Shafer: I have vetoed Senate Bills 281 and 326 which passed the General Assembly during the 2014 Regular Session. MONDAY, JANUARY 12, 2015 5 Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reason 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 April 29, 2014 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 670, 729, 769, 837, 858, 905, 906, and 1146 which passed the General Assembly during the 2014 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, Nathan Deal Veto Number 1 SB 281 Senate Bill 281 would require that the State of Georgia offer a specific type of health insurance product in the state health insurance plan. The Department of Community Health has announced the plan to procure additional product offerings for the state health insurance plan which closely mirrors the general intent of this legislation. I agree with the author of this legislation that the state health insurance plan should include 6 JOURNAL OF THE SENATE additional options, particularly options that are consumer-driven. However, to avoid any problem with the new product offerings not specifically conforming to the rather specific requirements set out in this legislation, out of an abundance of caution, I hereby VETO Senate Bill 281. Veto Number 2 SB 326 The original as filed Senate Bill 326 was amended with language providing additional daily expense allowance for the members of the State Personnel Board, the State Transportation Board, the Veterans Service Board, the Board of Natural Resources, and the State Board of Education. Current law sets the daily expense allowance for members at $105. This bill increases the board members' daily expense allowance by sixty-seven percent. Given the lack of justification provided for such increases in the board members' daily expense allowance, I hereby VETO Senate Bill 326. Veto Number 3 HB 670 Currently, business trade names are housed and accessed in the Superior Courts of our State. This bill would create a statewide registry of business trade names to be housed and maintained by the Georgia Superior Court Clerks' Cooperative Authority. Several provisions of this legislation are concerning. This legislation would effectively increase taxes on small businesses by raising trade name registration fees and would add new fees for cancelling or reregistering existing trade names. I also have significant concerns about the language in the bill which attempts to dedicate these fees for a specific purpose. For these reasons, I VETO HB 670. Veto Number 4 HB 729 Georgia's existing Title Ad Valorem Tax law ("TAVT"), enacted March 1, 2013, eliminated the "birthday tax" and substituted it with a one-time payment upon the transfer of the vehicle title. I support the main effort of this bill, which sought to ensure there was no gaming of the vehicle trade-in valuations during the purchase and trade-in of a used car. However, the inclusion of the language regarding a lease finance company being eligible for a trade-in reduction at the end of a leased term significantly changes the trade-in definition. Current law states that local governments must receive a base amount and the first recalibration of the disbursements is January 1, 2016. The first recalibration of the state target collection is July 1, 2015, which will determine if the tax rate requires a change. The negative effects of the lease provision on the state and local collections would be addressed in both recalibrations. I am vetoing this legislation because I believe it is too soon to implement a law that adversely affects revenue, thus, leaving the State of Georgia TAVT taxpayers in a more unstable position as the split between the state and local governments share of this revenue. Accordingly, I VETO HB 729. MONDAY, JANUARY 12, 2015 7 Veto Number 5 HB 769 House Bill 769 changes the description of education districts in Schley County. The author of House Bill 769 requested that House Bill 769 be vetoed because qualifying has already occurred under the existing districts. If the districts were to change after qualifying, it would incur a large cost on the Board of Education and on the taxpayers. Having reviewed the legislation and considered the request of the author of this legislation, I VETO HB 769. Veto Number 6 HB 837 House Bill 837 provides updates and certain expansions to the role of private companies in the administration of probation services in Georgia. There is language in this legislation that would exempt certain key information about private probation services from the Georgia Open Records Act. I favor more transparency over private probation services and therefore I am not in favor of this information being exempt from the Georgia Open Records Act. In addition, it is my understanding that the Supreme Court of Georgia has under its consideration an appeal that would address the role of private probation services and, while the current law pertaining to private probation services remains in effect, this legislation seeks to have a preemptive impact on any decision in that appeal. With these considerations in mind, I VETO House Bill 837. Veto Number 7 HB 858 House Bill 858 authorizes the Recorder's Court of Columbus to levy up to a twenty-five dollar technology fee to each fine imposed. In 2013, I signed legislation authorizing the Recorder's Court of Columbus to levy up to a fifteen dollar technology fee. A twenty-five dollar fee is excessive compared to similar court fees across the state and I am concerned that such a fee increase would set an unacceptable precedent for other similar courts. For this reason, I VETO HB 858. Veto Number 8 and 9 HB 905 and HB 906 House Bills 905 and 906 are bills that update the territorial boundaries for the City of Brookhaven and the City of Chamblee. Currently, there is pending litigation involving the property at issue in this legislation and this legislation could preempt that process. For this reason, I VETO HB 905 and HB 906. Veto Number 10 HB 1146 House Bill 1146 would allow state funds appropriated to the Effingham County Board of Education to be used for the compensation of board members. Current 8 JOURNAL OF THE SENATE state law and current rules of the State Board of Education dictate that compensation of local board members be through local tax revenues. Past local legislation affecting school board compensation does not include language which name state appropriations as an appropriate fund source. Because state appropriations are not an appropriate source for local board of education compensation funding, I hereby VETO House Bill 1146. STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Nathan Deal Governor April 28, 2014 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 identified language to disregard for the following sections in House Bill 744: Non-Binding Information Language to Disregard: Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 20, line 586; Section 17, pertaining to the Department of Community Health, page 30, line 885; and Section 27, pertaining to the Department of Human Services, page 69, line 2158. The messages for each item referenced above are attached. Sincerely, /s/ Nathan Deal MONDAY, JANUARY 12, 2015 9 HB 744FY 2015 Appropriations Bill Intent Language Considered Non-Binding Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 20, Line 586: The General Assembly seeks to direct the Department of Behavioral Health and Developmental Disabilities to enter into a Memorandum of Understanding with the Georgia Vocational Rehabilitation Agency in order to receive additional federal funding for supported employment services. The General Assembly further directs that the Georgia Vocational Rehabilitation Agency direct $1,000,000 of the additional federal funding to the Department of Behavioral Health and Developmental Disabilities. Page 23, Line 675 of HB 744 also directs the Department to provide an actionable plan to the General Assembly to create third party cooperative arrangements between the Department, University System of Georgia, Technical College System of Georgia, and Georgia Student Finance Commission to maximize financial assistance for vocational rehabilitation clients. It is premature to redirect resources between agencies prior to the creation of an actionable plan detailing how best to maximize available financial assistance for vocational rehabilitation services. Therefore, the Department is authorized to determine the most efficient use of available resources to maximize services for vocational rehabilitation clients in accordance with federal regulations and the general law powers of the Department. Section 17, pertaining to the Department of Community Health, page 30, line 885: The General Assembly seeks to instruct the Department to provide emergency transportation for medically indigent citizens 21 years of age and older by rotary wing air ambulance at the same reimbursement rates as citizens under the age of 21 through the Departmental Administration and Program Support program. The purpose of the Departmental Administration and Program Support program is to provide administrative support to all departmental programs. Review and reimbursement of health care claims to providers for medical services falls outside the scope of the purpose of the Departmental Administration program. Additionally, no funds were appropriated to the program to support implementation of the policy. The Departmental Administration and Program Support program does not have sufficient internal resources to redirect funds to implement this policy. 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. 10 JOURNAL OF THE SENATE Section 27, pertaining to the Department of Human Services, page 69, line 2158: The General Assembly seeks to direct the Georgia Vocational Rehabilitation Agency to enter into a Memorandum of Understanding with the Department of Behavioral Health and Developmental Disabilities in order to receive additional federal funding for supported employment services. The General Assembly further directs that the Georgia Vocational Rehabilitation Agency direct $1,000,000 of the additional federal funding to the Department of Behavioral Health and Developmental Disabilities. Page 68, Line 2121 of HB 744 also instructs the Agency to provide an actionable plan to the General Assembly to create third party cooperative arrangements with the Department of Behavioral Health and Developmental Disabilities, University System of Georgia, Technical College System of Georgia, and Georgia Student Finance Commission to maximize financial assistance for vocational rehabilitation clients. It is premature to redirect resources between agencies prior to the creation of an actionable plan detailing how best to maximize available financial assistance for vocational rehabilitation services. Therefore, the Agency is authorized to determine the most efficient use of available resources to maximize services for vocational rehabilitation clients in accordance with federal regulations and the general law powers of the Agency. The following communications were received 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 May 23, 2014 State Auditor's Report (Revised) Concurrent Funding of Fiscal Retirement Bills Enacted During the 2014 Legislative Session The Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 12, 2015 11 Dear Mr. Kemp: As required by Section 47-20-50.1 of the Official Code of Georgia Annotated, the following report is submitted for printing in the annual session laws of the State of Georgia. This report covers all fiscal retirement bills that had actuarial evaluations and were enacted during the 2014 legislative session. The report indicates whether or not provision has been made for the concurrent funding of the bill in accordance with the applicable requirements of Code Section 47-20-50. Any fiscal retirement bill that is enacted by the General Assembly and is approved by the Governor or otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then that bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which fiscal retirement bills may be enacted, the State Auditor is required to determine whether or not provision has been made for concurrent funding of each bill enacted which is not vetoed by the Governor. This determination is based upon the cost of the bill as reported to the General Assembly during the legislative session. This report complies with this requirement. As noted in the schedule on the following page, provisions have been made to concurrently fund the seven fiscal retirement bills approved by the Governor. Respectfully, /s/ Greg S. Griffin State Auditor Bill No. Act No. Retirement System(s) Affected by Legislation Funding Determination House Bills HB 292 621 Magistrates Retirement Fund of Georgia Provision made for concurrent funding HB 460 496 Georgia Firefighters' Pension Fund Provision made for concurrent funding HB 477 497 Employees' Retirement System of Georgia Georgia Judicial Retirement System Provision made for concurrent funding HB 580 502 Superior Court Clerks' Retirement Fund Provision made for concurrent funding HB 601 503 Probate Court Judges Retirement System Provision made for concurrent funding HB 646 660 Magistrates Retirement Fund of Georgia Provision made for concurrent funding 12 JOURNAL OF THE SENATE Senate Bills SB 235 584 Georgia Firefighters' Pension Fund Provision made for concurrent funding (*) (*) The Concurrent Funding Report issued on May 5, 2014 reported that provisions had not been made to concurrently fund Senate Bill 235. After the issuance of the report, the Board of the Georgia Firefighters' Pension Fund voted to amend certain assumptions related to their investments. As a result of these changes, the Board has now made provisions to concurrently fund Senate Bill 235 in accordance with O.C.G.A. 47-20-50. Committees: Senator Bill Cowsert District 46 121-E State Capitol Atlanta, GA 30334 May 15, 2014 The Honorable Casey Cagle Lieutenant Governor State Capitol Atlanta, GA 30334 Higher Education Appropriations Judiciary Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 Dear Governor: As we discussed earlier today, one of my law associates represents Phoenix Development Land Investors which has a law suit pending against the Board of Regents, asserting that the University of Georgia wrongly built an inert landfill on its property. Yesterday the trial judge instructed the parties to mediate the case within the next 30 days. Although I am not counsel of record on behalf of the plaintiff and have not participated in the legal proceedings to date, I am concerned that due to my firm's involvement there could be an appearance of impropriety for me to continue serving as Chairman of the Senate Higher Education Committee. My concern is that members of the public might wrongly assume that my position could be used as leverage to obtain a favorable settlement on behalf of the plaintiff. On the other hand, if the case is not settled at mediation it will likely be a highly publicized trial in late summer or early fall of this year. Either way, I feel like it is in the best interest of the State Senate that there be no potential appearance of impropriety. Under the circumstances, I feel that it is best for me to resign as Chairman of the Senate Higher Education Committee immediately. This will guarantee that the Board of Regents will have no concerns that I might use, or attempt to use, my influence as Chairman to, in any way, pressure them to reach a settlement in this case. MONDAY, JANUARY 12, 2015 13 Thank you for giving me the opportunity to serve as the Chairman of this very interesting committee that is of such importance to my district. I look forward to working in whatever capacity you feel I can best serve the Senate in the future. Sincerely, /s/ Bill Cowsert District 46 OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor May 15, 2014 The Honorable Bill Cowsert Senator, District 46 121-E State Capitol Atlanta, GA 30334 Dear Senator Cowsert: I have received your letter of resignation as Chairman of the Higher Education Committee dated May 15th. It is hereby accepted. While we will miss your steady and deliberate leadership of this important committee, I appreciate you putting the interests and integrity of the Senate first in this decision. It is an honor to serve the people of Georgia with you and I look forward to continuing to work closely over the coming years. Sincerely, /s/ Casey Cagle Lt. Governor 14 JOURNAL OF THE SENATE Senator Cecil Staton District 18 421-F State Capitol Atlanta, GA 30334 Committees: Appropriations Banking and Financial Institutions Assignments Higher Education Reapportionment and Redistricting Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 May 22, 2014 The Honorable Nathan Deal The Office of the Governor State of Georgia 203 State Capitol Atlanta, Georgia 30334 Dear Governor Deal: With this letter, I hereby offer my resignation as State Senator for Georgia's 18th District, effective at midnight, May 31, 2014. It has been an enormous honor to serve the people of the 18th district over nearly 10 years. I look forward to continuing my public service in a new capacity, as I join the University System of Georgia as Vice-Chancellor for Extended Education effective June 1, 2014. It has been a privilege to serve with you, Lt. Governor Casey Cagle, and my colleagues in the Senate and House. You have my very best wishes for the future and gratitude for your service to the great state of Georgia. Sincerely, /s/ Cecil Staton SENATE DEMOCRATIC CAUCUS To: David Cook, Secretary of the Senate From: Sen. Steve Henson, Senate Democratic Leader Re: 2015-2016 Caucus Officers Date: November 18, 2014 MONDAY, JANUARY 12, 2015 15 The Senate Democratic Caucus held caucus elections on Monday, November 10, 2014 and elected the following officers: Caucus Chair: Senator Horacena Tate Democratic Leader: Senator Steve Henson Democratic Whip: Senator Vincent Fort Caucus Vice Chair: Senator Valencia Seay Caucus Vice Chair for Campaigns and Fundraising: Senator Gloria Butler Caucus Secretary: Senator Nan Orrock Respectfully Submitted, Senator Steve Henson Senate Democratic Leader Senator Bill Cowsert District 46 121-E State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 Majority Leader December 15, 2014 The Honorable David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Cook: I hereby certify that the list below is the new Majority Leadership elected to serve during the 2015-16 term for the Republican Caucus. The election was held November 17, 2014. Senator David Shafer, President Pro Tempore (nominee) Senator Bill Cowsert, Majority Leader Senator William Ligon, Jr., Majority Caucus Chair Senator Hunter Hill, Majority Caucus Vice Chair Senator Steve Gooch, Majority Whip Senator John Wilkinson, Majority Caucus Secretary 16 JOURNAL OF THE SENATE If you have any questions, please feel free to contact me. Sincerely, /s/ Bill Cowsert State Senate District 46 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 December 30, 2014 Mr. David Cook Secretary of the Senate Georgia State Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: Please accept this letter as formal notification of my selection of the Honorable Mike Dugan, the Honorable Bill Jackson, the Honorable John F. Kennedy, and the Honorable Butch Miller as my Floor Leaders in the Georgia State Senate during the 2015 Session of the Georgia General Assembly. Please afford them all due rights and compensation in accordance with these positions, effective immediately. If I can be of further service, please do not hesitate to contact me. Sincerely, /s/ Nathan Deal The President announced the next order of business was the election of the President Pro Tempore. Senator Cowsert of the 46th nominated Senator Shafer of the 48th as President Pro Tempore. MONDAY, JANUARY 12, 2015 17 Senator Henson of the 41st seconded the nomination. Senator Cowsert of the 46th 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 asked the Sergeant at Arms to escort Senator Shafer of the 48th to the Rostrum of the Senate, where he addressed the Senate briefly. The President announced the next order of business was the election of the Secretary of the Senate. Senator Shafer of the 48th nominated the Honorable David A. Cook as Secretary of the Senate. Senator Henson of the 41st seconded the nomination. Senator Cowsert of the 46th 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 David A. Cook. The consent was granted, and the Honorable David A. Cook was declared duly elected Secretary of the Senate. The President administered the following oath of office to David A. Cook, 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 Secretary of the Senate addressed the Senate briefly. The President announced the next order of business was the election of the Sergeant at Arms of the Senate. Senator Gooch of the 51st nominated John Long as Sergeant at Arms of the Senate. Senator Tate of the 38th seconded the nomination. Senator Cowsert of the 46th 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. 18 JOURNAL OF THE SENATE Senator Cowsert of the 46th moved to engross SR 1. Senator Henson of the 41st objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 38, nays 18; the motion prevailed, and SR 1 was engrossed. The following resolution was read and put upon its adoption: SR 1. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st: A RESOLUTION adopting the Rules of the Senate; and for other purposes. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James N Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer MONDAY, JANUARY 12, 2015 19 Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 48, nays 7, and the resolution was adopted. The following communications were received by the Secretary: 1/12/15 Due to business outside the Senate Chamber, I missed the vote on SR 1. Had I been present, I would have voted yes. /s/ Donzella J. James District 35 1/12/15 Due to business outside the Senate Chamber, I missed the vote on SR 1. Had I been present, I would have voted yes. /s/ Jesse Stone District 23 The following resolution was read and put upon its adoption: SR 2. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. 20 JOURNAL OF THE SENATE The following resolution was read and put upon its adoption: SR 3. By Senators Shafer of the 48th, Cowsert of the 46th 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 following resolution was read and put upon its adoption: SR 4. By Senators Shafer of the 48th, Cowsert of the 46th 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 55, nays 0, 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 4th, Henson of the 41st, Jackson of the 24th, Miller of the 49th, Dugan of the 30th, Kennedy of the 18th, and Shafer of the 48th. MONDAY, JANUARY 12, 2015 21 The following resolution was read and put upon its adoption: HR 9. By Representative O`Neal of the 146th: A RESOLUTION calling a joint session of the House of Representatives and Senate for the purpose of the inauguration of the Governor, the Lieutenant Governor, and other executive Constitutional Officers of the State of Georgia; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 12, 2015 The Honorable David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Cook: Pursuant to Senate Rule 2-1.1, the following Senators will serve as members of the Committee on Assignments in addition to the President Pro Tempore, the Majority Leader, and myself. Senator John Wilkinson District 50 Senator Renee Unterman District 45 Additionally, the following Senators will serve as ex-officio members of the Committee on Assignments. Senator Steve Gooch District 51 Senator William Ligon District 3 22 JOURNAL OF THE SENATE Thank you for your assistance in this matter. Sincerely, /s/ Casey Cagle President of the Senate The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 6. By Representative O`Neal of the 146th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes. HR 9. By Representative O`Neal of the 146th: A RESOLUTION calling a joint session of the House of Representatives and Senate for the purpose of the inauguration of the Governor, the Lieutenant Governor, and other executive Constitutional Officers of the State of Georgia; and for other purposes. HR 10. By Representative O`Neal of the 146th: 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. HR 11. By Representative O`Neal of the 146th: 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; inviting each other Justice of the Supreme Court and each Judge of the Court of Appeals to be present at the joint session; and for other purposes. MONDAY, JANUARY 12, 2015 23 Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 3. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st: A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes. Senator Cowsert of the 46th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Tuesday, January 13, 2015. The President announced the motion prevailed at 11:40 a.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the inaugural address by His Excellency Governor Nathan Deal, was called to order by the Speaker of the House. HR 9 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, constitutional officers, members of the consular corps, members of the judiciary, my fellow Georgians: Today, we stand under the watchful eye of History. In a nation founded by pilgrims seeking new religious freedoms, in a state formed by an English nobleman looking to give debtors and religious refugees from the Old World a fresh start, in a city symbolized by the phoenix rising from the ashes of a civil war, and across from a new plaza where Georgians of today and tomorrow can exercise their rights to speak freely, to petition and to assemble, the hundreds of you here today represent the 10 million people across Georgia as we inaugurate a new term, a new vision, a new mandate to address the needs of our citizens. This is an occasion not to honor me or those who come after me, but rather to celebrate the will of the people of Georgia. Inaugurations of elected officials pay homage to our democracy to the belief that all citizens have a say in who governs them. 24 JOURNAL OF THE SENATE While we planned to have this ceremony in our new forum, Liberty Plaza-which pays tribute to our freedoms, those rights endowed by God, enshrined in our Constitution and defended by free men and women-Mother Nature had a different idea, as she did four years ago. However, if this term produces results on a magnitude of those of my first term, I gladly gather with all of you inside this beautiful Chamber. In that plaza, which we will dedicate this Friday afternoon, we prominently display symbols of our freedoms: the Statue of Liberty and Georgia's Liberty Bell. Soon, on Capitol grounds, we'll add a statue of Georgia's native son, Dr. Martin Luther King Jr., who helped fulfill America's promise of freedom and equality for all. He serves as a symbol for those ideals, but history recognizes him as a man of action. Within our new plaza, the symbols of freedom will welcome the exercise of freedom. There, Georgians will engage in the marketplace of ideas. There, they will advocate or oppose government actions. There, they will assemble to express their thoughts and opinions, openly and without fear. What we do as elected officials under this iconic gold dome directly affects the lives of all Georgians, and our duty is to seek policies that will allow every citizen to realize their full potential so that liberty and freedom will have real meaning in their lives. As we celebrate this new beginning today, we reflect on how forward-looking leadership creates powerful new beginnings in the individual lives of Georgians. Those who have never lost their freedom can easily take it for granted. Perhaps, therefore, liberty may hold some deeper meaning for those who have lost it and are now seeking to regain it. In Georgia, we have taken monumental steps in recent years to give nonviolent offenders a new beginning. As a result, our alternative courts are paying dividends for offenders, their families and taxpayers. We have indeed found a smarter way to address the cases of nonviolent offenders whose underlying issues are addiction or mental illness. Instead of burdening taxpayers with the cost of a prison sentence, instead of branding the offender with the stigma of incarceration, these individuals are getting the treatment they need; they are keeping jobs; and they are keeping families together. At the beginning of the current fiscal year, there were roughly 4,700 active participants in our accountability courts seeking a second chance. For those individuals and their families, these new beginnings are restoring hope. The greatest affirmation of the success of these reforms comes from Georgians who tell Sandra and me their personal stories of how accountability courts have given them a second chance to break their addictions and reclaim their lives. These stories come from people we meet in shops, restaurants and the working world of Georgia. Several days ago I stopped at a small sandwich shop. The lady who took my order recognized me and immediately told me her story of how she had graduated from a local drug court. She repeated the refrain that is universal in these encounters: "Drug court saved my life." She MONDAY, JANUARY 12, 2015 25 told me she was the mother of five children and that without that second chance she would not be able to work and support her family. Our reforms are working. For those who are already in our prison system, many of them now have the chance for a new beginning too. Approximately 70 percent of Georgia's inmates don't have a high school diploma. If their lack of an education is not addressed during their incarceration, when they re-enter society they have a felony on their record but no job skills on their rsum. I am here to tell you, an ex-con with no hope of gainful employment is a danger to us all. This is why we must work to get these individuals into a job. Our prisons have always been schools. In the past, the inmates have learned how to become better criminals. Now they are taking steps to earn diplomas and gain job skills that will lead to employment after they serve their sentences. Augusta is home to a fine example of what an opportunity at a new life can mean for an individual who has exited our prison system. A former inmate by the name of Sean has proven that a helping hand, a pleasant demeanor and persistence in the face of adversity go a long way in shaping a person's future. While he was in a state transitional center, Sean worked at the Governor's Mansion. Over time, Sandra and I grew to know him. He has since been paroled, and I am proud to tell you, he currently works for Goodwill. He has received a promotion for his strong performance, been nominated for Goodwill International Employee of the Year and now serves as Banquet Catering Sales Coordinator employing skills he developed at the Mansion. He will soon begin taking classes in a college program, where he intends to earn a degree and become a counselor. I am pleased that Sean is with us today. While it is important that our criminal justice system punish those who have harmed the lives and property of our citizens, it should also seek to change the direction of their lives so that they will not repeat their criminal conduct upon release. Punishment for bad conduct coupled with fundamental changes that lead to good conduct are the ingredients that result in True Justice. While Sean's story began before our Criminal Justice Reforms were passed, his conduct and that of many others who were seeking a better life upon their release, gave me confidence that we could find a successful pathway if we had the courage to do so. Our message to those in our prison system and to their families is this: If you pay your dues to society, if you take advantage of the opportunities to better yourself, if you discipline yourself so that you can regain your freedom and live by the rules of society, you will be given the chance to reclaim your life. I intend for Georgia to continue leading the nation with meaningful justice reform. Most of us who grew up in Georgia were blessed with a great public education, and most of you had the same opportunity I had, made possible by those teachers and administrators who invested in us. I am honored today to have my high school English 26 JOURNAL OF THE SENATE teacher, Mrs. Shirley Friedman, as well as several of my classmates from Washington County High School, joining us on this occasion. Education is often at the heart of new beginnings. With the blessing of Georgia's voters, in our first term we created a Charter School Commission to make sure concerned parents and communities would have alternatives from which to choose if their children were trapped in failing schools. That was certainly the case for the parents and children at Clayton County's Utopian Academy for the Arts, whose students put on an amazing and inspiring performance for us earlier. These students are blessed to have parents willing to fight for them and a visionary principal, Artesius Miller, who overcame many obstacles to open the school. Theirs is a story of determination, conviction and passion, and the children who sang for us today are the beneficiaries. You can see that hard work and discipline are paying off in their lives. Without the charter school amendment, many of these children would still be sitting in schools that are underperforming. But because Georgia did the right thing, they will have a brighter future. In several years, many of them will be the first in their families to attend college. These are exciting new beginnings, and we will work in this term to plant more of these opportunities. As governor, my top priority has been creating new jobs, so that those who take the time to acquire education and workforce skills will then be able to support themselves and their families. This task has been particularly difficult as our state has been recovering from the Great Recession. And yet, we've created more than 319,000 new jobs in the private sector in the past four years. Just six days ago we announced that Mercedes-Benz USA is establishing its North American headquarters here, creating hundreds of new high-paying jobs. Let us not lose the significance in the statistic. Behind each one of those job numbers is a personal story. Every so often, I get to hear some of those stories myself. Let me read you a piece of a letter I received this past fall from a young girl in metro Atlanta: "I'm 11 years old and live in DeKalb County, go to Peachtree Charter Middle School and love it here in Georgia. By the way thank you for becoming governor because those thousands of jobs you gave Georgia was one of my moms." The girl who wrote me that letter is here today with her mother and twin sister. Angelique, will you and your family please stand and be recognized. I want you to know that we will continue to create jobs over the next four years for others like your mom. MONDAY, JANUARY 12, 2015 27 These are the stories of new beginnings for Georgians seeking to recapture their lives, for Georgians seeking to learn and achieve, for Georgians seeking to earn a living. These stories are what have inspired me for the past four years and what excite me about this second term. They are why I'm honored that the citizens of this state have affirmed their faith in the positive direction we're going by giving me this opportunity to serve once again. These next four years are about building upon the foundation we have laid. While we have accomplished much, we have much left to do. That work is a new beginning. It begins today. May God bless you and may God continue to bless the great state of Georgia. The President of the Senate asked the Doorkeepers to escort the Governor and distinguished guests from the Chamber. The President of the Senate recognized the House Majority Leader who moved that the Joint Session be hereby dissolved. The motion prevailed, and the President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Tuesday, January 13, 2015. 28 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 13, 2015 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 Senate legislation was introduced, read the first time and referred to committee: SB 1. By Senators Bethel of the 54th, Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Albers of the 56th and others: A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to provide for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 2. By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. TUESDAY, JANUARY 13, 2015 29 SB 10. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Henson of the 41st, Davenport of the 44th and Butler of the 55th: A BILL to be entitled an Act to amend Code Section 45-5-6 of the Official Code of Georgia Annotated, relating to public official investigated by special commission upon indictment, gubernatorial review if commission recommends suspension, reinstatement, and replacement officer, so as to revise the manner of appointment for a temporary replacement officer under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SB 11. By Senator Lucas of the 26th: 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), as amended, 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 repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SB 12. By Senators Seay of the 34th, Henson of the 41st, Tate of the 38th, Thompson of the 5th, Butler of the 55th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to require the full funding of the Quality Basic Education Formula 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 Committee on Appropriations. SB 13. By Senators Thompson of the 5th, Butler of the 55th, Davenport of the 44th, Jones of the 10th, Jackson of the 2nd 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 30 JOURNAL OF THE SENATE 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 Committee on Higher Education. SB 14. By Senators Fort of the 39th, Orrock of the 36th, Tate of the 38th, James of the 35th, Jones of the 10th 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 a grant program to pay tuition and fees of certain students who enroll in a unit of the University System of Georgia where, in exchange for such grant, such students agree to pay a certain percentage of their annual adjusted gross income to the Georgia Student Finance Authority for up to a certain number of years after completion of studies; to provide for a short title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 15. By Senators James of the 35th, Henson of the 41st, Tate of the 38th, Seay of the 34th, Fort of the 39th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage, so as to provide for a substantive and comprehensive reform of provisions regarding the minimum wage law; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide a credit toward the minimum wage for employers of tipped workers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 16. By Senators Butler of the 55th, Tate of the 38th, Henson of the 41st, Fort of the 39th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding income taxes, so as to require corporations that receive development subsidies to create new full-time jobs that provide livable wages and benefits; to provide a short title; to provide for procedures, conditions, and limitations; to provide TUESDAY, JANUARY 13, 2015 31 for clawbacks or rescissions in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SB 17. By Senators Fort of the 39th, Henson of the 41st, Tate of the 38th, James of the 35th, Jones of the 10th and others: A BILL to be entitled an Act to amend Code Section 48-7A-3 of the Official Code of Georgia Annotated, relating to claiming and allowing low-income tax credits, so as to allow an individual with no taxable income to claim a tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SB 18. By Senators Harbison of the 15th, Davenport of the 44th, Jones of the 10th, Fort of the 39th, James of the 35th 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 provide that the Technical College System of Georgia shall establish policies for granting academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 19. By Senators Orrock of the 36th, Henson of the 41st, Fort of the 39th, Parent of the 42nd, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment applicable to the "Employment Security Law," so as to change certain provisions of such definition in order to provide that services performed by an individual for wages shall be deemed to be employment unless the Department of Labor makes a contrary determination based upon evidence submitted of certain factors demonstrating that such individual has been and will continue to be free from control or direction over the performance of such services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. 32 JOURNAL OF THE SENATE SR 11. By Senators Jackson of the 2nd, Henson of the 41st, Fort of the 39th, Parent of the 42nd, Jones of the 10th and others: A RESOLUTION creating the Senate Study Committee on Employee Misclassification; and for other purposes. Referred to the Committee on Insurance and Labor. SR 12. By Senators Thompson of the 5th, Davenport of the 44th, Jones of the 10th, Jackson of the 2nd, Lucas of the 26th 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 of the University System of Georgia 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 Committee on Higher Education. SR 13. By Senators Harbison of the 15th, Jones of the 10th, Fort of the 39th, James of the 35th, Lucas of the 26th and others: A RESOLUTION encouraging the Board of Regents of the University System of Georgia to create policies or programs to award academic credit to students for college level learning acquired prior to their admission into the university system; and for other purposes. Referred to the Committee on Higher Education. SR 14. By Senators Parent of the 42nd, Tate of the 38th, Henson of the 41st, Jones of the 10th, James of the 35th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for an education appropriations Act; to provide that neither house of the General Assembly shall pass any general appropriations bill until both houses have enacted and the Governor has approved an education appropriations Act; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. TUESDAY, JANUARY 13, 2015 33 Senator Ligon, Jr. of the 3rd asked unanimous consent that Senator Miller of the 49th be excused. The consent was granted, and Senator Miller 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 Hill of the 6th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Mullis Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Hill, H. (Excused) Miller (Excused) James Orrock Millar (Excused) Senator James 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 Williams of the 27th introduced the chaplain of the day, Andrew Galt, President of the Sugar Hill Georgia State Church of Jesus of Latter-day Saints of Suwanee, Georgia, who offered scripture reading and prayer. 34 JOURNAL OF THE SENATE Serving as the doctor of the day was Dr. Noel Holtz. The following resolution was read and adopted: SR 8. By Senator Wilkinson of the 50th: A RESOLUTION commending the Georgia FFA Association; and for other purposes. Senator Wilkinson of the 50th spoke to the resolution, recognizing and congratulating the Georgia FFA Association. The following resolution was read and put upon its adoption: HR 10. By Representative O`Neal of the 146th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The President appointed as a Committee of Escort on the part of the Senate the following Senators: Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Gooch of the 51st, Fort of the 39th, Ligon, Jr. of the 3rd and Jackson of the 24th. The following resolution was read and put upon its adoption: HR 11. By Representative O`Neal of the 146th: 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; inviting each other Justice of the Supreme Court and each Judge 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 following resolutions were read and adopted: TUESDAY, JANUARY 13, 2015 35 SR 5. By Senators James of the 35th, Seay of the 34th, Orrock of the 36th, Henson of the 41st, Fort of the 39th and others: A RESOLUTION commending the many women's groups and organizations in Georgia and the International Women's Think Tank for their commitment to improving the status of women and girls; and for other purposes. SR 9. By Senators Heath of the 31st, Jeffares of the 17th, Mullis of the 53rd, Tippins of the 37th, Tolleson of the 20th and others: A RESOLUTION recognizing January 15, 2015, as Sportsmen's and Coastal Day at the capitol; and for other purposes. SR 10. By Senator Shafer of the 48th: A RESOLUTION recognizing and honoring January 13, 2015, as Korean American Day at the State Capitol; and for other purposes. The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 13, 2015 The Honorable David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Cook: Pursuant to Senate Rules 2-1.3(a), 2-2.1, 2-3.1(a), and 2-3.2(a), the Committee on Assignments has completed the committee assignment process for the 2015-2016 legislative sessions. Attached to this letter, please find a listing of committees and their membership, which shall serve as a report of the Committee on Assignments. 36 JOURNAL OF THE SENATE Thank you for your assistance and service. Sincerely, /s/ Casey Cagle President of the Senate 2015-2016 Senate Committee Assignments Agriculture and Consumer Affairs Wilkinson, John Harper, Tyler Black, Ellis Burke, Dean Heath, Bill Chairman Vice-Chairman Secretary Ex-Officio Jackson, Lester Kirk, Greg Orrock, Nan Appropriations Hill, Jack Unterman, Renee Bethel, Charlie Albers, John Burke, Dean Cowsert, Bill Crane, Mike Davenport, Gail Fort, Vincent Ginn, Frank Gooch, Steve Heath, Bill Hill, Judson Hill, Hunter Hufstetler, Chuck Jackson, Bill Ligon, Jr., William Miller, Butch Mullis, Jeff Orrock, Nan Seay, Valencia Shafer, David Sims, Freddie Powell Chairman Vice-Chairman Secretary TUESDAY, JANUARY 13, 2015 37 Stone, Jesse Tate, Horacena Thompson, Curt Tippins, Lindsey Tolleson, Ross Wilkinson, John Williams, Tommie Banking and Financial Institutions Jones, Burt Chairman Stone, Jesse Vice-Chairman Miller, Butch Secretary Harbin, Marty Harbison, Ed Jones, Emanuel Kennedy, John F. Rhett, Michael A. Shafer, David Ex-Officio Thompson, Bruce Economic Development and Tourism Ginn, Frank Chairman Watson, Ben Vice-Chairman Jones, Emanuel Secretary Dugan, Mike Jackson, Bill James, Donzella Jeffares, Rick Jones II, Harold V. Lucas, Sr., David Martin, P.K. Mullis, Jeff Rhett, Michael A. Education and Youth Tippins, Lindsey Wilkinson, John Sims, Freddie Powell Black, Ellis Fort, Vincent Hufstetler, Chuck James, Donzella Chairman Vice-Chairman Secretary 38 JOURNAL OF THE SENATE Millar, Fran Stone, Jesse Tate, Horacena Ethics Burke, Dean Williams, Michael Butler, Gloria Harbison, Ed Jackson, Bill Jeffares, Rick Ligon, Jr., William McKoon, Josh Miller, Butch Stone, Jesse Thompson, Curt Watson, Ben Chairman Vice-Chairman Secretary Finance Hill, Judson Hill, Hunter Albers, John Cowsert, Bill Gooch, Steve Heath, Bill Hill, Jack Jackson, Lester Shafer, David Sims, Freddie Powell Thompson, Bruce Unterman, Renee Williams, Michael Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio Ex-Officio Government Oversight Heath, Bill Harbin, Marty Kirk, Greg Parent, Elena Seay, Valencia Chairman Vice-Chairman Secretary Health and Human Services Unterman, Renee Chairman Hufstetler, Chuck Vice-Chairman TUESDAY, JANUARY 13, 2015 39 Millar, Fran Burke, Dean Butler, Gloria Cowsert, Bill Henson, Steve Hill, Judson Jackson, Lester Kirk, Greg Ligon, Jr., William Orrock, Nan Shafer, David Watson, Ben Secretary Higher Education Millar, Fran Martin, P.K. Jones, Burt Beach, Brandon Jackson, Lester McKoon, Josh Orrock, Nan Thompson, Bruce Williams, Michael Chairman Vice-Chairman Secretary Insurance and Labor Bethel, Charlie Shafer, David Martin, P.K. Harbin, Marty Harbison, Ed Jones, Burt McKoon, Josh Ramsey, Sr., Ronald Unterman, Renee Chairman Vice-Chairman Secretary Interstate Cooperation James, Donzella Sims, Freddie Powell Jones, Emanuel Fort, Vincent Harbison, Ed Chairman Vice-Chairman Secretary 40 JOURNAL OF THE SENATE Judiciary McKoon, Josh Cowsert, Bill Bethel, Charlie Fort, Vincent Kennedy, John F. Ligon, Jr., William Ramsey, Sr., Ronald Stone, Jesse Thompson, Curt Williams, Tommie Chairman Vice-Chairman Secretary Ex-Officio Judiciary Non-Civil Stone, Jesse Ligon, Jr., William Kennedy, John F. Bethel, Charlie Crane, Mike Fort, Vincent Hill, Hunter Jones II, Harold V. McKoon, Josh Parent, Elena Chairman Vice-Chairman Secretary Ex-Officio Natural Resources and the Environment Tolleson, Ross Chairman Jeffares, Rick Vice-Chairman Harper, Tyler Secretary Ginn, Frank Henson, Steve Hill, Jack Sims, Freddie Powell Thompson, Curt Tippins, Lindsey Wilkinson, John Williams, Tommie Public Safety Harper, Tyler Albers, John Dugan, Mike Jones II, Harold V. Chairman Vice-Chairman Secretary TUESDAY, JANUARY 13, 2015 41 Seay, Valencia Watson, Ben Williams, Michael Reapportionment and Redistricting Crane, Mike Chairman Bethel, Charlie Vice-Chairman Tate, Horacena Secretary Cowsert, Bill Fort, Vincent Harbison, Ed Henson, Steve Hill, Hunter Jackson, Bill Shafer, David Williams, Tommie Regulated Industries and Utilities Jeffares, Rick Chairman Ginn, Frank Vice-Chairman McKoon, Josh Secretary Beach, Brandon Cowsert, Bill Gooch, Steve Harbison, Ed Ex-Officio Henson, Steve Hill, Jack Lucas, Sr., David Miller, Butch Mullis, Jeff Shafer, David Ex-Officio Unterman, Renee Ex-Officio Retirement Hufstetler, Chuck Black, Ellis Jones, Emanuel Crane, Mike Harper, Tyler Hill, Hunter Lucas, Sr., David Rhett, Michael A. Chairman Vice-Chairman Secretary Ex-Officio 42 JOURNAL OF THE SENATE Rules Mullis, Jeff Tolleson, Ross Jackson, Bill Butler, Gloria Cowsert, Bill Gooch, Steve Heath, Bill Henson, Steve Hill, Hunter Hill, Jack Hill, Judson Ligon, Jr., William Millar, Fran Miller, Butch Shafer, David Tate, Horacena Unterman, Renee Wilkinson, John Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio Science and Technology Beach, Brandon Chairman Thompson, Bruce Vice-Chairman Kennedy, John F. Secretary Parent, Elena Seay, Valencia Special Judiciary Thompson, Curt Jones, Emanuel Davenport, Gail James, Donzella Jones II, Harold V. Parent, Elena Chairman Vice-Chairman Secretary State and Local Governmental Operations Albers, John Chairman Kirk, Greg Vice-Chairman Williams, Michael Secretary Butler, Gloria Harbin, Marty Martin, P.K. Tate, Horacena TUESDAY, JANUARY 13, 2015 43 State Institutions and Property Harbison, Ed Chairman Jeffares, Rick Vice-Chairman Watson, Ben Secretary Black, Ellis Davenport, Gail Lucas, Sr., David Transportation Williams, Tommie Gooch, Steve Beach, Brandon Butler, Gloria Dugan, Mike Ginn, Frank Heath, Bill Jackson, Bill Jones, Burt Ramsey, Sr., Ronald Seay, Valencia Tippins, Lindsey Tolleson, Ross Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio Ex-Officio Urban Affairs Ramsey, Sr., Ronald Henson, Steve Butler, Gloria Davenport, Gail Fort, Vincent Jackson, Lester Lucas, Sr., David Orrock, Nan Tate, Horacena Chairman Vice-Chairman Secretary Veterans, Military and Homeland Security Hill, Hunter Chairman Harbison, Ed Vice-Chairman Dugan, Mike Secretary Davenport, Gail Rhett, Michael A. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 14, 2015. The motion prevailed, and the President announced the Senate adjourned at 10:52 a.m. 44 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 14, 2015 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 8. By Senators Unterman of the 45th, Butler of the 55th and Miller of the 49th: A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 20. By Senators Parent of the 42nd, Rhett of the 33rd, James of the 35th, Butler of the 55th, Sims of the 12th 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 Senate and qualifications of members, so as to create the Citizens' Redistricting Commission; to provide for its membership and duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Reapportionment and Redistricting. WEDNESDAY, JANUARY 14, 2015 45 SB 21. By Senators Jones of the 10th, Harbison of the 15th, Butler of the 55th, Tate of the 38th, Seay of the 34th 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 Act"; to change a definition; 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 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 crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 22. By Senators Jones II of the 22nd, James of the 35th, Rhett of the 33rd, Orrock of the 36th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to allow public employees to disclose a violation of or noncompliance with a law, rule, or regulation to the press and other persons under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 23. By Senators Butler of the 55th, Harbison of the 15th, Henson of the 41st, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to expand the privilege for information obtained by news media for news gathering or dissemination; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 24. By Senators Fort of the 39th, Tate of the 38th, James of the 35th, Seay of the 34th, Lucas of the 26th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide a definition; to provide that no local bill 46 JOURNAL OF THE SENATE shall be favorably reported by a legislative committee for legislative action by a house of the General Assembly unless such local bill contains the signatures of members of such house of the General Assembly who represent collectively at least one-half of the residents of the area or jurisdiction to which such local bill shall be applicable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SB 25. By Senators Fort of the 39th, Davenport of the 44th, Henson of the 41st, James of the 35th, Seay of the 34th 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 Committee on Ethics. SB 26. By Senators Fort of the 39th, Davenport of the 44th, Henson of the 41st, Orrock of the 36th, Tate of the 38th 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 Committee on Ethics. SB 27. By Senators Fort of the 39th, Davenport of the 44th, Henson of the 41st, Orrock of the 36th, Tate of the 38th 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 Committee on Ethics. SB 28. By Senators Fort of the 39th, Davenport of the 44th, Butler of the 55th, Jones of the 10th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as WEDNESDAY, JANUARY 14, 2015 47 to remove certain requirements regarding proof of voter identity at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SR 7. By Senator Unterman of the 45th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 23. By Senators Parent of the 42nd, Rhett of the 33rd, James of the 35th, Butler of the 55th, Sims of the 12th 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 related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Reapportionment and Redistricting. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Gooch Harbin Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Miller Mullis Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson 48 JOURNAL OF THE SENATE Harbison Harper Heath Henson Lucas Martin McKoon Millar Unterman Watson Wilkinson Williams, M Not answering were Senators: Ginn Thompson, C. James Williams, T. Orrock The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: James Orrock Thompson, C. 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 B. Rodgers of Dahlonega, Georgia, who offered scripture reading and prayer. Serving as the doctor of the day was Dr. Madalyn N. Davidoff. The following resolutions were read and adopted: SR 15. By Senators Stone of the 23rd, Jackson of the 24th, Jones II of the 22nd, Ginn of the 47th, Millar of the 40th and others: A RESOLUTION recognizing February 17, 2015, as Medical College of Georgia Day at the state capitol; and for other purposes. SR 16. By Senator Unterman of the 45th: A RESOLUTION reaffirming the shared commitment of the United States and the United Kingdom to end sexual violence globally and supporting the goals and ideals of the Global Summit to End Sexual Violence in Conflict; and for other purposes. SR 17. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Ari Russell on the occasion of her retirement; and for other purposes. WEDNESDAY, JANUARY 14, 2015 49 SR 18. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Gwinnett County Chief of Police Charles M. Walters on the occasion of his retirement; and for other purposes. SR 19. By Senator Unterman of the 45th: A RESOLUTION recognizing February 10, 2015, as Girl Scouts Day at the capitol; and for other purposes. SR 20. By Senator Unterman of the 45th: A RESOLUTION commending Clint Hinton as the 2014 National Sporting Clays Association Junior National Champion; and for other purposes. SR 21. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Mr. Kim Conroy, P.E., Director of Transportation, Gwinnett County Board of Commissioners, on the occasion of his retirement; and for other purposes. SR 22. By Senators Tolleson of the 20th, Wilkinson of the 50th, Harper of the 7th, Black of the 8th, Kirk of the 13th and others: A RESOLUTION commending the 4-H Clubs of Georgia; recognizing February 23, 2015, as 4-H Day at the capitol; and for other purposes. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 19. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. Senator Cowsert of the 46th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Thursday, January 15, 2015. 50 JOURNAL OF THE SENATE The President appointed as a Committee of Escort on the part of the Senate the following Senators: Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Gooch of the 51st, Fort of the 39th, Ligon, Jr. of the 3rd and Jackson of the 24th. The President announced the motion prevailed at 10:35 a.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Nathan Deal, was called to order by the Speaker of the House. HR 10 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, constitutional officers, members of the judiciary, members of the consular corps, my fellow Georgians: Today marks the fifth year that I have reported to you, the people's representatives, on the state of our state. This is our annual checkup exam on the body politic, where we measure our vitals, celebrate areas of great health and seek cures for what ails us. In each succeeding year, we've seen the green shoots of our economy grow a little taller. Each year, we've seen more Georgians return to work or get their first job. Each year, we've seen hundreds of more businesses open or relocate here. Each year, steady revenue growth has allowed us to slowly mend the ravages wrought by the Great Recession. Now, our economy is seeing positive growth with thousands of new jobs added every month. We're seeing the tell-tale signs of cranes and bulldozers humming on newly cleared land. We're seeing home values recover and Georgia families rebuild their savings. And Georgia has been named the No. 1 place in the nation in which to do business by several major rating agencies and has repeated that designation by one of them already. In short, I'm here to report to you today that the state of our state is strong, and getting stronger every day. But for every milestone we reach, for every victory we attain, for every improvement we achieve, new challenges await. Certainly, there are those who focus only on the negative, zeroed in on areas where we should do better. They downplay any progress as "not good enough." To them I say: Celebrating our progress puts our challenges in perspective and reminds us that together we can achieve greatness. Our shortcomings don't go unacknowledged. They're simply what we're going to address next. WEDNESDAY, JANUARY 14, 2015 51 When focused only on the negative, the job before us can seem overwhelming. These feelings are not new to our generation. Atop President Kennedy's desk sat a fisherman's prayer: "Oh, God, Thy sea is so great and my boat is so small." When confronting the challenges of 10 million people challenges that can appear insurmountable it's easy to feel that the tools we've been given aren't up to the task. When it comes to our constituents' needs in education, health care, transportation and public safety, the sea seems so great and our boat so small. We may have 10 million challenges, but we also have 10 million oars. In the turbulent waters of recession and recovery, we have rowed steadily forward. The synchronized beat of unified oars has reset the rhythm of our economy. Georgians have spoken clearly that the conservative principles, which have guided our decisions, the very ones that have brought us out of the recession, must continue to guide our future growth. These include keeping our government small, prioritizing and balancing our budget, and emphasizing a strong business climate. State government cannot address the legitimate needs of our citizens without adequate revenue. Last year we based our budget on an anticipated revenue growth of 3.4 percent. That was in keeping with our pattern of conservative budgeting. So when fiscal year 2014 ended, our actual revenue was 4.8 percent. That differential between what we spent and what we collected is deposited into our Rainy Day Fund. Every budget cycle since I have been governor we have added to that fund so that it has increased by 643 percent since I took office. Annual revenue growth, coupled with conservative spending and a growing Rainy Day Fund are positive evidence that Georgia is better today than it was last year. Since I took office, over 319,000 new private sector jobs have been created in Georgia with nearly 93,000 of those coming in the past twelve months. The announcement last week that Mercedes-Benz USA is moving its North American headquarters to Georgia is further evidence that our state will continue to be a leader in job creation. With job growth comes population growth. Georgia is now the eighth most populous state in the nation, moving from the number 10 position in just four years. People don't move to a state unless it provides them with opportunities. The Mercedes slogan is "the Best or Nothing." The company that accepts nothing but the best chose Georgia... I'll take that. And in the near future, Porsche North America will open their headquarters near the Atlanta airport. But let's not forget our first major automotive manufacturer in modern times, Kia, which employs some 3,000 Georgians and whose supplier base continues to expand in our state. Kia's example told the world that we have the quality workforce and business environment needed to thrive in the automotive industry. Kia officials remind me often 52 JOURNAL OF THE SENATE that their West Point Georgia plant produces the highest quality vehicle in their worldwide chain. Furthermore, home prices are up in the past year and up significantly since 2011, an example of the resurgence of this sector and confidence in the market. Construction, manufacturing and other key Georgia industries continue to rebound. And as Georgians experience growth in their incomes, this leaves more money for the types of things our fellow citizens want to be doing, rather than just the essentials. Virtually every reliable indicator points to one thing, a growing economy. And to those of you who have been paying attention, you will notice that the unemployment rate, the prodigal son of indicators, is even falling back in line. For those who were too long unemployed or underemployed, for their relatives who watched them struggle to get hired, and for the Georgians who understand that a working economy is an economy in which people work, we are making a difference. The ocean of need is vast, but shrinking, and we will continue to close the distance between where we are and where we wish to be. Still, need does exist. Over 19,000 students dropped out between grades nine and 12 over the past school year. That is far too many. Neither Georgia nor these young people can afford the disparaging effects that typically result when someone leaves high school prematurely. This is why over the next few years we intend to take a comprehensive look at how we can make K-12 education more accessible and more effective. A child that does not graduate from high school is that much less prepared for the workforce, that much less prepared for college and that much more prepared for a life behind bars. I am establishing an Education Reform Commission to study a number of questions regarding our education system, such as increasing access to Georgia's world class early learning programs, recruiting and retaining high quality teachers in our classrooms, and expanding school options for Georgia's families. This group, which will be composed of legislators, educators and a variety of other stakeholders, will recommend potential improvements to me by August 1 of this year. I fully anticipate this process to be as successful as the one involving our justice reforms after which it was modeled. In addition, a subset of this group will examine the most appropriate ways to modernize our QBE funding formula from the 1980s. This model is older than every student in our classrooms and some of their parents. Just as most of us wouldn't dress our children in parachute pants and jelly shoes and we wouldn't teach them about computers on a Commodore 64, neither should we educate them under a 1980s funding formula. Our students are now using iPads and Androids. Why tie them to a desk when technology can take them to the moon and back? WEDNESDAY, JANUARY 14, 2015 53 This undertaking will require detailed work. My vision is to create a formula driven by student need that provides local school and district leaders with real control and flexibility. It is our hope that funding changes based on the commission's recommendations will go into effect as early as the 2016-2017 school year. While we must certainly address the outdated funding formula, education still remains a top priority in our budgets. This year's budget coupled with my proposal for next year's budget represents an infusion of over one billion additional dollars for K-12 education. Working together, we have devoted the largest percentage of the state budget to K-12 education of any governor and General Assembly in the last 50 years. Now, the focus is on turning those dollars into academic progress. I look forward to working with all of you to accomplish that goal. However, no matter how well we fund education, the fact of the matter is that far too many students are trapped in a failing Georgia school. Roughly 23 percent of schools have received either a D or an F, which constitutes a failing grade, for the past three consecutive years. When the system fails, our children have little chance of succeeding. New options can enrich lives, brighten futures and rekindle hope. Three years ago, the legislators here called for and the voters of this state overwhelmingly approved the charter school amendment. I have good news: It's making a positive difference. This year, I am asking you to continue the trend of restoring hope and opportunity to areas of our state that could use a helping hand. I am proposing a constitutional amendment to establish an Opportunity School District. It would authorize the state to step in to help rejuvenate failing public schools and rescue children languishing in them. This model has already been used successfully in other states. My office has been in contact with a student from New Orleans, who tells us he could not read until he was 12. Now, because of the Recovery School District in New Orleans, Troy Simon is going to Bard College in New York, where he intends to earn a degree in American Literature. His life has changed. There is perhaps no sweeter irony the young man who couldn't read at all may one day teach others to read, and read well. There are many excuses that will be offered for why schools are failing-- the students come from families in poverty, their parents are dysfunctional, they don't care because they have no hope. Let's stop making excuses-- If we want to break the cycle of poverty, let's educate those children so that they have the skills to escape poverty, if we want to interrupt the cycle of dysfunctional families, let's educate the children in those homes so that their families of the future will return to normalcy; if we want our young people to have hope, let's give them the greatest beacon of hope we can confer on them-- a quality education that leads to a good job, a stable family and the stairway to the future. 54 JOURNAL OF THE SENATE There will be those who will argue that the problem of failing schools can be solved by spending more money. They ignore the fact that many of our failing schools already spend far more money per child than the state average. The problem is not money. More money without fundamental changes in the delivery system will not alter the results; it will only make state and local taxpayers greater enablers of chronic failure. If we take this step, more students will be able to gain employment or go to college when they graduate, more employers will be satisfied with our state's workforce, and more of their colleagues might just decide to locate in our state. Above all, students and parents will relinquish the burden of having nowhere to go to get a proper education, something no family should have to experience in the first place. Liberals cannot defend leaving a child trapped in a failing school that sentences them to a life in poverty. Conservatives like me cannot argue that each child in Georgia already has the same opportunity to succeed and compete on his or her own merits. We have a moral duty to help these children who can't help themselves. The sea is great and the boat is small, but the boat must not have first and second class seating. I am calling on you to do your part this session to get this referendum on the ballot so that Georgians can assure that a child's hopes of success aren't determined by his or her ZIP Code. Our places of learning should be where a child learns triumph, not defeat. We have experienced triumphs in our criminal justice system, where we have tamed some rough seas. Working with those of you here and others throughout this state, we have enhanced safety and nurtured second chances. We have combined taxpayer savings with personal salvation. In return, our reforms are closing the revolving door that has led too many Georgians back into our prison system. Crime may not pay, but stopping it does. I have already shared with you just last month and in the Inaugural address the promising results of some of our efforts. My budget this year will reflect our commitment to these important reforms. The next step we are taking to improve our delivery of justice will further make Georgia a leader in this area. On many occasions, one troubled family or neighborhood will deal with multiple agencies, from Pardons and Parole to DFCS to the Department of Juvenile Justice to the Department of Corrections. Under current policy, these agencies often don't coordinate effectively on these cases. This fails to bring a holistic approach to the needs at hand, and it doesn't deliver services efficiently. For this reason, I am proposing to create the Department of Community Supervision to eliminate redundancy and enhance communication between these related groups. This new agency will pull from the relevant existing portions of Corrections, Juvenile Justice WEDNESDAY, JANUARY 14, 2015 55 and Pardons and Paroles. While the Division of Family and Children Services will not contribute to the agency itself, we will be including the Director of DFCS on the Board of Community Supervision to facilitate the transfer of appropriate information. Recently we have seen tremendous growth in the number of child welfare investigations, due in part to our 24-hour call center. This is why we will continue to fund additional resources to meet this unfortunate need, including support for 278 additional caseworkers. In addition, the Child Welfare Reform Council, which I created in 2014, has released its review of the Division of Family and Children's Services. To address some of their recommendations, I am proposing in my budget this year that we fund several upgrades. These include beginning a mentor program for supervisors, providing for greater career and salary growth potential, promoting the safety and resources available to caseworkers, and improving the recruitment and training of foster parents. By caring for our caseworkers, we can better care for our children in need. I am happy to say the Council will continue its work in the upcoming year. One of our most vulnerable populations is our children who are suffering from seizures. Last year, we set in motion trials at our state medical school to test the possibility of using cannabis oil to treat severe seizures of those young people in a safe and nonintoxicating way. Those trials involving Georgia's children have already begun and will continue to expand. This year I hope to sign legislation to decriminalize cannabis oil in Georgia so that families who need it and who obtain it legally will not be prosecuted for possession of it. Let me be clear, I do not support the legalization of marijuana for recreational purposes. We're focused narrowly on an oil that contains fractional amounts of THC the chemical in marijuana that intoxicates a user. We want to find a pathway to bring our children home from Colorado without becoming Colorado. We still face the significant and more complicated issue of access. That's why, in addition to decriminalization, I'm proposing a study committee to research a proper role for the state of Georgia in the ongoing debates about the types of medical conditions that can benefit from this product, and how we can best address this in a logical and controlled manner. I know, for many families, time is of the essence. I want us to answer the question of access as quickly as we possibly can while going through the proper steps to ensure safety and compliance with federal laws. There's broad agreement we must do something and that we can do something. Let's also agree that we must do it right. Even a small boat conquering the sea must dock every once in a while. We must therefore ensure that our network of bridges, roads and other vital infrastructure are well maintained and that the increasing transportation needs of our population are met. So, let me present to you our options. 56 JOURNAL OF THE SENATE Since only three regions in the state invested in Plan A, a regional one-percent sales tax for designated infrastructure projects, we acted to implement Plan B, which includes reprioritized funding and a focus on the most essential projects that will target our most congested areas. For example, we are constructing new capacity express lanes along large stretches of I-75 and 575. We are also extending the managed lanes on I-85. Over the next four years, we will open to traffic more than $1.1 billion dollars' worth of new, reliable interstate lanes in Metro Atlanta, the largest interstate expansion since the 1980s. We are making further progress in the form of our I-285/GA-400 interchange, which will ease congestion for hundreds of thousands of travelers each day. Let us not forget those things we have already accomplished, including the removal of the tolls on GA 400 and the opening of the I-85/GA 400 connector ramps, which many in our state are already using. And of course, we continue to construct the Jimmy Deloach Parkway extension, the Fall Line Freeway and other road improvements connecting South Georgia cities. At the same time, other important projects lack the funding necessary to proceed. This brings me to our next option. Plan C--a transportation plan to which this General Assembly and I can agree that would address the ongoing needs of maintenance and repair, as well as freight corridor and other transportation improvements. I believe this is something that can and should be accomplished. A need does exist. The excise tax, which is a per gallon flat fee, has remained the same since 1971. That's 44 years. In that time, the fuel efficiency for the average vehicle has almost doubled, which means the amount of excise tax collected for each mile driven has roughly been cut in half. And the federal government has mandated new standards that would again double the miles per gallon for the average vehicle over the next 10 years, meaning that the amount of excise tax collected for every mile traveled will continue to shrink every year. And that doesn't even account for inflation. In 2014 dollars, we collected approximately 17 percent less in state Motor Fuel Funds per capita for transportation than we did a quarter of a century ago, in part because of greater fuel efficiency. At the same time, we now have millions more people travelling on our roads. According to industry experts, simply maintaining what we currently have on our roadways requires a minimum of hundreds of millions of dollars in new revenue each year. Some industry experts even suggest it's more than $1 billion a year. Over the years, we have added more highway to monitor, patrol and repair. In addition, our state has seen significantly more freight on our roadways, with more and more goods and raw materials entering through the Port of Savannah. We're already the second busiest container port on the East Coast, and we're getting busier. It's estimated that truck traffic out of the port will increase by 50 percent in less than 10 years. We have to be ready to meet that need. Without Plan C, a new strategy for transportation investment, we will be forced to go to Plan D, which is to do nothing. If that is our plan, then our roads will slowly slip into WEDNESDAY, JANUARY 14, 2015 57 disrepair, the safety of our citizens will be jeopardized, and our economy will be stagnated by increased congestion. That is unacceptable. We are currently operating at a rate that requires over 50 years to resurface every state road in Georgia. If your road is paved when you graduate high school, by the time it is paved again you will be eligible for Social Security. We must increase the percentage of roads being resurfaced annually. With only current funding levels, new capital projects will have to wait as we tend to our existing transportation network. If we do nothing, we would continue to have to depend on the federal government, whose transportation funds are also dwindling. If we should choose not to maintain and improve our infrastructure, economic development would stall, companies would be unable to conduct their business efficiently, commuters would waste more time and gas sitting in traffic, and no one would be satisfied. For those of you who believe as I do that there are certain powers left to the states and their citizens--a principal set forth in our nation's 10th Amendment--here is one way we can put our belief into practice. If we become less dependent on federal revenue for our transportation projects in Georgia, we will avoid the regulations and extra costs associated with federal involvement; we will get more for our money in new roads; and it will be one of the best signals that the state of Georgia is willing to spend our money to solve our problems. Four years ago, we decided that our state needed to develop its own reservoirs to be less dependent on federal water resources. Maybe it's time we apply that same logic to transportation. We must maintain and improve our roads and bridges; we must provide congestion relief; and we must prepare for more freight and more businesses. We can debate how much it will cost to do something; but let us not forget how much it will cost to do nothing. I do not believe that we Georgians will choose to do nothing. We know the problems; let's now resolve to agree on the solutions. That's the outlook we must embrace as we tackle all of the challenges we have discussed today. The sea is indeed vast, but our ten million oars row onward. Let us as the leaders of this state demonstrate that we can row together in sequence so that our boat will move steadily forward on a charted course of progress, with the shoreline of Promise and Prosperity on the horizon. I pray for wisdom for all of us as we carry out the public's trust, so that we can give Georgians a state that's even better tomorrow than it is today. May God bless you and may God continue to bless the state of Georgia. The President of the Senate asked the Sergeant at Arms to escort the Governor from the Chamber. The President of the Senate recognized the President Pro Tempore David Shafer who moved that the Joint Session be hereby dissolved. 58 JOURNAL OF THE SENATE The motion prevailed, and the President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, January 15, 2015. THURSDAY, JANUARY 15, 2015 59 Senate Chamber, Atlanta, Georgia Thursday, January 15, 2015 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 29. By Senators Albers of the 56th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to compensation for occupational diseases, so as to define certain terms; to provide for a rebuttable presumption that certain medical conditions suffered by firefighters are occupational diseases; to provide for applicability; to provide for benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 30. By Senators Henson of the 41st, Tate of the 38th, Rhett of the 33rd, Jones of the 10th, Lucas of the 26th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding income taxes, so as to require the department to prepare a tax return for certain taxpayers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SB 31. By Senators Orrock of the 36th, Jackson of the 24th, Henson of the 41st, Fort of the 39th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as 60 JOURNAL OF THE SENATE to provide for automatic voter registration in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 32. By Senators Seay of the 34th, Fort of the 39th, Lucas of the 26th, Henson of the 41st, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 20-2-881 of the O.C.G.A., relating to the Board of Community Health; to amend Code Section 20-2-911 of the O.C.G.A., relating to the Board of Community Health; to amend Article 1 of Chapter 18 of Title 45 of the O.C.G.A., relating to the State Employees' Health Insurance Plan, so as to require that the Board of Community Health shall reopen the 2014 open enrollment period to permit any employee whose elected medical claims administrator declared a major medical facility to be out of such administrator's network to elect coverage under a different administrator; to define certain terms; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 33. By Senators Fort of the 39th, Seay of the 34th, Tate of the 38th, Sims of the 12th, Butler of the 55th and others: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for election by plurality vote; to provide for the date of the general primary; to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to conform certain provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 34. By Senators Kirk of the 13th, Mullis of the 53rd, Ligon, Jr. of the 3rd, Unterman of the 45th, Rhett of the 33rd 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 relative to torts, so as to provide immunity from liability under certain circumstances for persons entering a parked motor vehicle for the purpose of removing a child from such motor vehicle; to provide for definitions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. THURSDAY, JANUARY 15, 2015 61 SR 24. By Senators Jones of the 10th, Harbison of the 15th, Tate of the 38th, Seay of the 34th, 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 Committee on Appropriations. SR 26. By Senator Ligon, Jr. of the 3rd: A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes. Referred to the Committee on Natural Resources and the Environment. SR 27. By Senators McKoon of the 29th, Bethel of the 54th, Gooch of the 51st, Fort of the 39th, Millar of the 40th and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to lower the age requirements for members of the Senate; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ethics. Senator Hill of the 6th asked unanimous consent that Senator Harper of the 7th be excused. The consent was granted, and Senator Harper was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Cowsert Crane Dugan Ginn Harbin Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, E Kennedy Kirk Ligon Lucas Miller Mullis Seay Shafer Sims Stone Thompson, B Tippins Tolleson Unterman 62 JOURNAL OF THE SENATE Harbison Heath Hill, H Hill, Jack Martin McKoon Millar Watson Wilkinson Williams, M Not answering were Senators: Butler Gooch James Orrock Rhett Williams, T. Davenport Harper (Excused) Jones, B. Parent Tate Fort Henson Jones, H. Ramsey 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: Butler James Orrock Rhett Williams, T. Davenport Jones, B. Parent Tate Fort Jones, H. Ramsey, Sr. Thompson, C. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Heath of the 31st introduced the chaplain of the day, Pastor Scott W. Shepard of Cartersville, Georgia, who offered scripture reading and prayer. Senator Davenport of the 44th introduced the doctor of the day, Dr. Steven A. Muller. The following resolutions were read and adopted: SR 25. By Senators Albers of the 56th, Hill of the 32nd and Beach of the 21st: A RESOLUTION commending the Atlanta Junior Rowing Association; and for other purposes. SR 28. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending Marvin and Ruth Schuster for winning the Servant Leadership Award; and for other purposes. THURSDAY, JANUARY 15, 2015 63 SR 29. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending Herbert Greene for the great contributions he has made to Columbus State University men's basketball and athletics; and for other purposes. SR 30. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending Kessel Stelling on being honored with the Leadership Character Award; and for other purposes. SR 31. By Senator Butler of the 55th: A RESOLUTION honoring the life and memory of Reverend Gordon Paul Pittard, Sr.; and for other purposes. SR 32. By Senator Harbison of the 15th: A RESOLUTION commending Reverend Edward Moore; and for other purposes SR 33. By Senator Harbison of the 15th: A RESOLUTION congratulating Coach Gerald Turner upon his retirement from Jordan High School; and for other purposes. SR 34. By Senator Jones of the 25th: A RESOLUTION honoring the life and memory of the Honorable Judge James L. Cline, Jr.; and for other purposes. SR 35. By Senators Seay of the 34th, Fort of the 39th, Martin of the 9th, Tate of the 38th, Henson of the 41st and others: A RESOLUTION recognizing and commending Joseph Fitzgerald Hamilton; and for other purposes. SR 36. By Senators Seay of the 34th, Rhett of the 33rd, Fort of the 39th, Jones II of the 22nd, Henson of the 41st and others: A RESOLUTION commending the New Tradition Martial Arts School and Master Rickey Murray for excellence in instructing children and adults alike in the martial arts; and for other purposes. 64 JOURNAL OF THE SENATE SR 37. By Senators Seay of the 34th, James of the 35th, Rhett of the 33rd, Butler of the 55th, Henson of the 41st and others: A RESOLUTION recognizing and commending Satchel B. Jester; and for other purposes. SR 38. By Senators Seay of the 34th, Fort of the 39th, Rhett of the 33rd, Tate of the 38th, Henson of the 41st and others: A RESOLUTION honoring the life and memory of Rita Gail Ragsdale; and for other purposes. SR 39. By Senators Hill of the 4th and Watson of the 1st: A RESOLUTION recognizing January 26, 2015, as Effingham County Day at the capitol; saluting the Effingham County Chamber of Commerce; and for other purposes. The following resolution was read and put upon its adoption: HR 19. 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 of the 2015 regular session of the General Assembly for the period of Thursday, January 15, 2015, through Thursday, February 12, 2015, shall be as follows: Thursday, January 15 ...................................................in session for legislative day 4 Friday, January 16 through Sunday, January 25.................................. in adjournment Monday, January 26.....................................................in session for legislative day 5 Tuesday, January 27.....................................................in session for legislative day 6 Wednesday, January 28 ...............................................in session for legislative day 7 Thursday, January 29 ...................................................in session for legislative day 8 Friday, January 30 through Sunday, February 1.................................. in adjournment Monday, February 2.....................................................in session for legislative day 9 Tuesday, February 3...................................................in session for legislative day 10 Wednesday, February 4 .............................................in session for legislative day 11 Thursday, February 5 through Sunday, February 8 ............................. in adjournment THURSDAY, JANUARY 15, 2015 65 Monday, February 9...................................................in session for legislative day 12 Tuesday, February 10.................................................in session for legislative day 13 Wednesday, February 11 ...........................................in session for legislative day 14 Thursday, February 12 ...............................................in session for legislative day 15 BE IT FURTHER RESOLVED that on and after February 12, 2015, the periods of adjournment of the 2015 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 the meetings of the General Assembly shall be held as prescribed in Code Section 28-1-2 of the Official Code of Georgia Annotated, except as otherwise provided by this resolution; and, as authorized by said Code section, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, and the Governor has by proclamation declared an emergency temporary location or locations for the seat of government in accordance with Code Section 38-352, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at such temporary location or locations in accordance with Code Sections 38-3-52 and 38-3-53 on such date and at such time as they deem practical. BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, but the Governor has not by proclamation declared an emergency temporary location or locations for the seat of government in accordance with the above, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at the State Capitol in Atlanta, Fulton County, on such date and at such time as they deem practical. BE IT FURTHER RESOLVED that, in any case of suspension of the schedule of legislative days as authorized by this resolution, the Speaker of the House of Representatives and the President of the Senate shall provide for prompt notice of the same to all members of the House of Representatives and all members of the Senate, respectively, by such means as such officers deem practical and efficient. During any 66 JOURNAL OF THE SENATE such period of suspension, the remainder of the schedule of legislative days provided by this resolution shall not apply, and the General Assembly's next legislative day shall begin at the date and time jointly specified by such officers for reconvening the General Assembly. Following such reconvening, the General Assembly may adopt another joint resolution providing for a new schedule of legislative days. On the adoption of the resolution, there was no objection, and the resolution was adopted. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to HR 19 until 10:00 a.m. Monday, January 26, 2015; the motion prevailed, and at 11:14 a.m. the President announced the Senate adjourned. MONDAY, JANUARY 26, 2015 67 Senate Chamber, Atlanta, Georgia Monday, January 26, 2015 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 Senate legislation was introduced, read the first time and referred to committee: SB 3. By Senators Unterman of the 45th, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to another person for the temporary delegation of certain power and authority for the care of a minor child; to provide a short title; to provide for definitions; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 35. By Senators James of the 35th, Rhett of the 33rd, Parent of the 42nd, Jones of the 10th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that leaving certain children in vehicles under certain circumstances constitutes cruelty to children in the third degree; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 68 JOURNAL OF THE SENATE SB 36. By Senators Ligon, Jr. of the 3rd, Williams of the 19th, Watson of the 1st, Sims of the 12th and Jackson of the 24th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to prohibit the injection of ground water into the Floridan aquifer in certain counties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. SB 37. By Senators Ramsey, Sr. of the 43rd, Davenport of the 44th, Unterman of the 45th, Tate of the 38th, Butler of the 55th and others: A BILL to be entitled an Act to amend Title 20 and Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to education and law enforcement officers and agencies, respectively, so as to require certain persons with arrest powers at university or college campuses to report allegations of rape to a local law enforcement agency with concurrent jurisdiction, to hand over all information and evidence, and to cooperate with said law enforcement agency; to provide for penalties; to require all law enforcement agencies with information on a sexual assault to cooperate with colleges and universities investigating a student for said assault; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 38. By Senators Fort of the 39th, Jones of the 10th, Henson of the 41st, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for the authorization of appropriations for the purposes of obtaining federal financial participation for medical assistance payments to providers of Medicaid expansion under the federal Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010; to provide for certain restrictions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. MONDAY, JANUARY 26, 2015 69 SB 39. By Senators Orrock of the 36th, Tate of the 38th, Jones II of the 22nd, Butler of the 55th, Seay of the 34th 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 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 repeal provisions relating to a physician's obligation in the performance of abortions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 40. By Senators Fort of the 39th, Jones of the 10th, Henson of the 41st, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the O.C.G.A., relating to general provisions relative to health, so as to repeal Code Section 31-1-40, relating to prohibition on expenditure or use of moneys, human resources, or assets of the State of Georgia to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the state of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act; to amend Chapter 1 of Title 33 of the O.C.G.A., relating to general provisions regarding insurance, so as to repeal Code Section 33-1-23; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. SB 41. By Senators Tate of the 38th, Henson of the 41st, Butler of the 55th, Seay of the 34th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to enact the "Georgia Family Planning Initiative"; to provide for definitions; to authorize public and private funding; to provide for distribution of funds for family planning services; to provide for priority of patients and cost of services; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Committee on Health and Human Services. 70 JOURNAL OF THE SENATE SB 42. By Senators Butler of the 55th, Jones II of the 22nd, Davenport of the 44th, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of benefits, so as to provide that leaving an employer due to family violence shall establish good cause in connection with a claim for unemployment benefits; to provide that an employer's account shall not be charged for the payment of such benefits; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 43. By Senators James of the 35th, Rhett of the 33rd, Parent of the 42nd, Henson of the 41st, Fort of the 39th and others: 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 relative to labor and industrial relations, so as to change certain provisions relating to an employer's obligation to provide time for an employee to express breast milk for an infant child; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 44. By Senators Orrock of the 36th, Henson of the 41st, Fort of the 39th, Harbison of the 15th, Jones of the 10th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that noncitizen students receiving a grant of deferred action for childhood arrivals from the United States Department of Homeland Security may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification for purposes of tuition and fees by the university system and the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 45. By Senators Fort of the 39th, Henson of the 41st, Davenport of the 44th, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to MONDAY, JANUARY 26, 2015 71 provide for the use of no-knock search warrants; to provide for a short title; to provide for a definition; to change provisions relating to the issuance of search warrants; to change provisions relating to the use of force in executing a search warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 46. By Senators Fort of the 39th, Jones of the 10th, Davenport of the 44th, Henson of the 41st, Tate of the 38th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions relative to law enforcement officers and agencies, so as to provide for definitions; to require that certain peace officers be equipped with an audio and video recording device attached to their persons for recording audio and video of all activities performed while on duty; to provide for a public disclosure exception; to provide for penalties; to provide for grant funding; to amend Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to the inspection of public records, so as to provide for the release under certain circumstances of certain audio and video recordings from audio and video recording devices attached to the persons of peace officers; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 47. By Senators Fort of the 39th, Henson of the 41st, Rhett of the 33rd, Jones of the 10th, Tate of the 38th and others: A BILL to be entitled an Act to amend Title 16 and Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to crimes and offenses and the procedure for sentencing and imposition of punishment, respectively, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, notices for enhanced sentencing, and enhanced sentencing; to provide for sentencing of defendants who commit certain crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings, so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 72 JOURNAL OF THE SENATE SB 48. By Senators Fort of the 39th, Jones II of the 22nd, Rhett of the 33rd, Parent of the 42nd, Orrock of the 36th and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to prohibit restoration of gun rights to persons who have been convicted of a forcible felony; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 49. By Senators Fort of the 39th, Jones of the 10th, Henson of the 41st, Davenport of the 44th, Tate of the 38th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal the statute relating to no duty to retreat prior to the use of force; to correct cross-references; to repeal the defense of self or others as an absolute defense; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 50. By Senators Fort of the 39th, Henson of the 41st, Davenport of the 44th, Butler of the 55th, Tate of the 38th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for prosecuting attorneys, so as to provide for the appointment of a prosecuting attorney when the accused is a law enforcement officer charged with a felony or an act of family violence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. MONDAY, JANUARY 26, 2015 73 SR 40. By Senators Dugan of the 30th, Hill of the 6th, Mullis of the 53rd, Williams of the 19th, Kirk of the 13th and others: A RESOLUTION honoring the life of Captain Herbert "Herb" Lee Emory and dedicating the new flyover ramp on Interstate 85 at Georgia 400 in his honor; and for other purposes. Referred to the Committee on Transportation. SR 43. By Senators Albers of the 56th, Thompson of the 14th and Hill of the 32nd: A RESOLUTION creating the Senate Special Tax Exemption Study Committee; and for other purposes. Referred to the Committee on Finance. SR 44. By Senators Orrock of the 36th, Fort of the 39th, Butler of the 55th, Tate of the 38th, Davenport of the 44th 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 Committee on Ethics. SR 45. By Senators Parent of the 42nd, Rhett of the 33rd, James of the 35th, Jones of the 10th, Sims of the 12th and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide procedures and standards for legislative and congressional 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 Committee on Reapportionment and Redistricting. Senator Wilkinson of the 50th asked unanimous consent that Senator Miller of the 49th be excused. The consent was granted, and Senator Miller was excused. Senator Thompson of the 14th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. 74 JOURNAL OF THE SENATE Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Kennedy Kirk Ligon Lucas Martin McKoon Millar Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Jones, H. Tippins (Excused) Miller (Excused) Ramsey (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Jones, H. Ramsey The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Harbin of the 16th introduced the chaplain of the day, Dr. Benny Tate of Milner, Georgia, who offered scripture reading and prayer. Senator Parent of the 42nd introduced the doctor of the day, Dr. Patricia J. Schiff. The following resolution was read and adopted: MONDAY, JANUARY 26, 2015 75 SR 42. By Senators Hill of the 4th, Harbison of the 15th, Dugan of the 30th, Cowsert of the 46th, Hill of the 6th and others: A RESOLUTION recognizing January 26, 2015, as National Guard Day at the capitol; and for other purposes. Senator Hill of the 6th spoke to the resolution honoring the National Guard. Brigadier General Joe Jarrard addressed the Senate briefly. The following resolutions were read and adopted: SR 41. By Senators Henson of the 41st, Fort of the 39th, Seay of the 34th, Orrock of the 36th and James of the 35th: A RESOLUTION commending Deputy Sheriff Cynthia Hall for her bravery and commitment to serving Georgians; and for other purposes. SR 46. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION commending Lester Anthony for his contributions to the music and floral design industries; and for other purposes. SR 47. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION commending Florrie B. Scriven on her recognition by the National Baptist Convention; and for other purposes SR 48. By Senators Jackson of the 2nd, Harbison of the 15th and Watson of the 1st: A RESOLUTION honoring the life and memory of Bishop William B. Gilbert; and for other purposes. SR 49. By Senator Unterman of the 45th: A RESOLUTION honoring and commending the organizations and their staff members of Service Providers Association for Developmental Disabilities and celebrating their day at the Capitol on January 15, 2015; and for other purposes. SR 50. By Senator Sims of the 12th: A RESOLUTION recognizing and commending Curtis and Marion Butler on the occasion of their 50th wedding anniversary; and for other purposes. 76 JOURNAL OF THE SENATE SR 51. By Senator Harbin of the 16th: SR 53. A RESOLUTION recognizing and commending Pastor Glenn Stringham on the occasion of his retirement; and for other purposes. By Senator Orrock of the 36th: A RESOLUTION recognizing January 20, 2015, as Multi-Agency Alliance for Children Day at the state capitol; and for other purposes. SR 54. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION honoring the life and memory of James "Jimmy" Morgan; and for other purposes. SR 55. By Senator Hill of the 4th: A RESOLUTION commending Tippins Bank on 75 years in business; and for other purposes. SR 56. By Senator Albers of the 56th: A RESOLUTION recognizing January 28, 2015, as Autism Awareness Day at the state capitol; and for other purposes. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 27, 2015. The motion prevailed, and the President announced the Senate adjourned at 10:55 a.m. TUESDAY, JANUARY 27, 2015 77 Senate Chamber, Atlanta, Georgia Tuesday, January 27, 2015 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 Senate legislation was introduced, read the first time and referred to committee: SB 52. By Senators Fort of the 39th, Henson of the 41st, Jones II of the 22nd, Tate of the 38th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to disclosure of public records, so as to clarify that certain tax credits and exemptions are subject to disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SB 53. By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; and for other purposes. Referred to the Committee on Health and Human Services. SB 54. By Senators Jones II of the 22nd, Parent of the 42nd, Fort of the 39th, Henson of the 41st, James of the 35th and others: A BILL To be entitled an Act to amend Code Section 48-2-15 of the Official Code of Georgia Annotated, relating to confidential taxpayer information, so as to allow the state revenue commissioner to provide members of a legislative 78 JOURNAL OF THE SENATE study committee with such information; to provide for automatic repeal; to repeal conflicting laws; and for other purposes Referred to the Committee on Government Oversight. SB 55. By Senators Fort of the 39th, Henson of the 41st, Orrock of the 36th, Seay of the 34th, Tate of the 38th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for civil immunity for a person who causes property damage resulting from the forcible entry of a motor vehicle for the purpose of removing a minor from such vehicle due to the belief of imminent danger to the minor; to provide for a definition; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 56. By Senators Fort of the 39th, Jackson of the 2nd, Lucas of the 26th, Butler of the 55th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to raise the age of mandatory attendance; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 57. By Senators James of the 35th, Henson of the 41st, Ramsey, Sr. of the 43rd, Orrock of the 36th, Rhett of the 33rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to provide that any motorized wheelchair or scooter operated on public ways and sidewalks shall be equipped with reflectors; to provide that any such wheelchairs and scooters sold in this state shall be equipped with reflectors; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. TUESDAY, JANUARY 27, 2015 79 SB 58. By Senators Hill of the 6th, Thompson of the 14th, Williams of the 19th, Albers of the 56th and Harbison of the 15th: 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 Committee on Higher Education. SB 59. By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st and Beach of the 21st: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development and Tourism. SR 65. By Senators Jones II of the 22nd, Fort of the 39th, Henson of the 41st, James of the 35th, Butler of the 55th and others: A RESOLUTION creating the Senate Special Tax Exemption Study Committee; and for other purposes. Referred to the Committee on Government Oversight. SR 74. By Senators James of the 35th, Henson of the 41st, Rhett of the 33rd, Butler of the 55th, Tate of the 38th and others: A RESOLUTION encouraging the development of minority owned plasma centers; and for other purposes. Referred to the Committee on Science and Technology. The following committee report was read by the Secretary: 80 JOURNAL OF THE SENATE Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 1 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Senator Martin of the 9th asked unanimous consent that Senator Kirk of the 13th be excused. The consent was granted, and Senator Kirk was excused. Senator Henson of the 41st asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. 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 Wilkinson of the 50th asked unanimous consent that Senator Hufstetler of the 52nd be excused. The consent was granted, and Senator Hufstetler was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Heath Henson Hill, H Hill, Jack Hill, Judson Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M TUESDAY, JANUARY 27, 2015 81 Not answering were Senators: Butler (Excused) Kirk (Excused) Harper Ramsey (Excused) Hufstetler (Excused) Williams, T. Senator Harper 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 Watson of the 1st introduced the chaplain of the day, Reverend John Fender of Pooler, Georgia, who offered scripture reading and prayer. Senator Parent of the 42nd introduced the doctor of the day, Dr. Henry J. Siegelson. The following resolution was read and adopted: SR 57. By Senators Ginn of the 47th, Mullis of the 53rd, Shafer of the 48th, Dugan of the 30th, Watson of the 1st and others: A RESOLUTION commending the Georgia Economic Developers Association on its efforts to improve the economic development climate of the State of Georgia; and for other purposes. Senator Ginn of the 47th recognized the Georgia Economic Developers Association, commended by SR 57. Tim Evans, Vice President of Economic Development for the Greater Hall Chamber of Commerce and Executive Director of the Gainesville-Hall Economic Development Council, addressed the Senate briefly. The following resolutions were read and adopted: SR 52. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION honoring the life and memory of Dr. James "Jim" Ernest Strickland; and for other purposes. SR 58. By Senators Burke of the 11th, Harper of the 7th, Hill of the 6th, Black of the 8th, Beach of the 21st and others: A RESOLUTION commending the Colquitt County Packers football team for winning the 2014 Class AAAAAA State Championship; and for other purposes. 82 JOURNAL OF THE SENATE SR 59. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION commending Judge Patricia Parker Stone for her outstanding service in Chatham County; and for other purposes. SR 60. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION Commending Lucius "Bo" Levett; and for other purposes. SR 61. By Senators Jackson of the 2nd, Jones II of the 22nd and Watson of the 1st: A RESOLUTION commending Dr. M. Ann Levett; and for other purposes. SR 62. By Senators Jackson of the 24th and Stone of the 23rd: A RESOLUTION congratulating the 2014 Greenbrier High School golf team, winners of the Class AAAAA State Golf Championship; and for other purposes. SR 63. By Senators Cowsert of the 46th, Orrock of the 36th, Ginn of the 47th, Mullis of the 53rd, Shafer of the 48th and others: A RESOLUTION commending the Atlanta Hawks; and for other purposes. SR 64. By Senator Jones of the 25th: A RESOLUTION recognizing February 10, 2015, as Georgia College Day at the state capitol and celebrating Georgia College & State University's Quasquicentennial; and for other purposes. SR 66. By Senators Harper of the 7th, Mullis of the 53rd, Albers of the 56th, Dugan of the 30th, Williams of the 27th and others: A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 3, 2015, as the 43rd annual Firefighters Recognition Day at the capitol; and for other purposes. SR 67. By Senators Jackson of the 24th, Wilkinson of the 50th, Hufstetler of the 52nd, Heath of the 31st, Harbin of the 16th and others: A RESOLUTION recognizing Andy Paul as the 2014-2015 President of the National Future Farmers of America Organization; and for other purposes. TUESDAY, JANUARY 27, 2015 83 SR 68. By Senator Harper of the 7th: A RESOLUTION recognizing and commending Mr. Dave Prater of the legendary Sam & Dave music duo; and for other purposes. SR 69. By Senators Albers of the 56th, Beach of the 21st, Cowsert of the 46th, Williams of the 19th, Shafer of the 48th and others: A RESOLUTION commending science, technology, engineering, and math (STEM) and recognizing May 8, 2015, as Georgia STEM Day at the state capitol; and for other purposes. SR 70. By Senator Hill of the 32nd: A RESOLUTION commending Debbie Chrzanowski for being named one of the winners in round five of the Innovation in Teaching Competition; and for other purposes. SR 71. By Senator Tolleson of the 20th: A RESOLUTION commending Olivia McMillan; and for other purposes. SR 72. By Senators Jones of the 25th and Lucas of the 26th: A RESOLUTION commending Don Graham; and for other purposes. SR 73. By Senators Jones of the 25th and Lucas of the 26th: A RESOLUTION commending Bart W. Jackson as the Superior Court Clerk of the Year in 2014; and for other purposes. SR 75. By Senators James of the 35th, Henson of the 41st, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Butler of the 55th and others: A RESOLUTION commending Ansel Ahabue on his placement as a top 10 finalist in the 2014 National Geographic Bee; and for other purposes. SR 76. By Senators James of the 35th, Henson of the 41st, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Tate of the 38th and others: A RESOLUTION honoring the life and memory of Herman Jerome "HJ" Russell, Sr.; and for other purposes. 84 JOURNAL OF THE SENATE SR 77. By Senators Ginn of the 47th, Cowsert of the 46th, Harper of the 7th, Unterman of the 45th and Shafer of the 48th: A RESOLUTION commending Willie "W.C." Bolton and congratulating him upon the grand occasion of his retirement; and for other purposes. Senator Cowsert of the 46th recognized the Atlanta Hawks, commended by SR 63, adopted today. CEO Steve Koonin and Dominique Wilkins addressed the Senate briefly. Senator Shafer of the 48th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 28, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:15 a.m. WEDNESDAY, JANUARY 28, 2015 85 Senate Chamber, Atlanta, Georgia Wednesday, January 28, 2015 Seventh 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. Reilly, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 103. By Representatives Setzler of the 35th, Dudgeon of the 25th, Stover of the 71st, Turner of the 21st, Drenner of the 85th and others: A RESOLUTION recognizing December 10 as Georgia's Day of Coding; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 6. By Senators McKoon of the 29th, Crane of the 28th, Gooch of the 51st, Heath of the 31st, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapters 5, 11, and 16 of Title 40 of the O.C.G.A., relating to drivers' licenses, abandoned motor vehicles, and the Department of Driver Services, respectively, so as to provide that persons who possess a lawful alien status are the only category of noncitizens who may obtain a license, permit, or card; to require the Department of Driver Services to participate in the Records and Information from DMVs for E-Verify initiative of the United States Department of Homeland Security; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. 86 JOURNAL OF THE SENATE SB 60. By Senators Jackson of the 2nd, Fort of the 39th and Lucas of the 26th: 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 1/2; 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 Committee on Education and Youth. SB 61. By Senators Jackson of the 2nd, Henson of the 41st, Fort of the 39th, Thompson of the 5th, Tate of the 38th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to create the New Americans program; to provide a short title; to provide for the identification and contacting of legal immigrants to facilitate applications for naturalization; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. SB 62. By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. SR 80. By Senators Ligon, Jr. of the 3rd, Millar of the 40th, Hill of the 32nd, Jeffares of the 17th, Watson of the 1st and others: A RESOLUTION demanding revision by the College Board of Advanced Placement U.S. History; and for other purposes. Referred to the Committee on Education and Youth. WEDNESDAY, JANUARY 28, 2015 87 SR 84. By Senators Burke of the 11th, Unterman of the 45th, Watson of the 1st, Shafer of the 48th, Hill of the 32nd and others: A RESOLUTION urging the Congress of the United States to enact significant reforms to the nation's federally financed graduate medical education programs and to provide states with additional resources to meet the health workforce needs of the future; and for other purposes. Referred to the Committee on Health and Human Services. The following House legislation was read the first time and referred to committee: HR 103. By Representatives Setzler of the 35th, Dudgeon of the 25th, Stover of the 71st, Turner of the 21st, Drenner of the 85th and others: A RESOLUTION recognizing December 10 as Georgia's Day of Coding; and for other purposes. Referred to the Committee on Science and Technology. The following legislation was read the second time: SB 1 Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator McKoon of the 29th asked unanimous consent that Senator Dugan of the 30th be excused. The consent was granted, and Senator Dugan was excused. Senator Albers of the 56th asked unanimous consent that Senator Gooch of the 51st be excused. The consent was granted, and Senator Gooch 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 Henson of the 41st asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Hill, Jack Hill, Judson Hufstetler Miller Mullis Orrock 88 JOURNAL OF THE SENATE Black Burke Butler Cowsert Crane Davenport Fort Ginn Harbin Harbison Harper Heath Henson Hill, H Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Parent Ramsey Rhett Seay Stone Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Dugan (Excused) Shafer Thompson, C. (Excused) Gooch (Excused) Sims Millar (Excused) Tate (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Gooch Shafer 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, Pastor George Wright of Acworth, Georgia, who offered scripture reading and prayer. Senator Unterman of the 45th recognized Ari Russell on the occasion of her retirement, commended by SR 17, adopted previously. Ari Russell addressed the Senate briefly. Senator Unterman of the 45th recognized Mr. Kim Conroy, P.E., Director of Transportation, Gwinnett County Board of Commissioners, on the occasion of his retirement, commended by SR 21, adopted previously. Mr. Kim Conroy addressed the Senate briefly. Senator Butler of the 55th recognized Gwinnett County Chief of Police Charles M. Walters on the occasion of his retirement, commended by SR 18, adopted previously. Chief Charles M. Walters addressed the Senate briefly. WEDNESDAY, JANUARY 28, 2015 89 Senator Parent of the 42nd introduced the doctor of the day, Dr. Shamie Das. Senator Seay of the 34th recognized the New Tradition Martial Arts School and Master Rickey Murray for excellence in instructing children and adults alike in the martial arts, commended by SR 36, adopted previously. Master Rickey Murray addressed the Senate briefly. Senator Albers of the 56th recognized January 28, 2015, as Autism Awareness Day at the state capitol, commended by SR 56, adopted previously. Ava Bullard addressed the Senate briefly. Senator Tolleson of the 20th recognized Olivia McMillan, commended by SR 71, adopted previously. Olivia McMillan addressed the Senate briefly. The following resolutions were read and adopted: SR 78. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Great Promise Partnership; and for other purposes. SR 79. By Senator Sims of the 12th: A RESOLUTION commending The Links, Incorporated and recognizing February 17, 2015, as Links Day at the state capitol; and for other purposes. SR 81. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION commending Benjamin Johnson and congratulating him upon the grand occasion of his retirement; and for other purposes. SR 82. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION commending Michael Joseph Hamilton, Sr., for his outstanding service with the Frank Callan Boys and Girls Club; and for other purposes SR 83. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION commending Bethesda Academy and congratulating it on its 275th anniversary; and for other purposes. 90 JOURNAL OF THE SENATE SR 85. By Senators Kennedy of the 18th, Jeffares of the 17th, Jones of the 25th and Harbin of the 16th: A RESOLUTION honoring the life and memory of Deputy Michael Andrew Norris; and for other purposes. SR 86. By Senators Dugan of the 30th and Crane of the 28th: A RESOLUTION recognizing February 2, 2015, as University of West Georgia Day at the capitol; and for other purposes. SR 87. By Senators Davenport of the 44th, Seay of the 34th, James of the 35th, Rhett of the 33rd, Parent of the 42nd and others: A RESOLUTION commending Mr. Charles "Chuck" Ware as the Distinguished Older Georgian for 2015; and for other purposes SR 88. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th and Heath of the 31st: A RESOLUTION recognizing February 19, 2015, as Georgia Farm Bureau Federation Day at the state capitol; and for other purposes. SR 89. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th and Burke of the 11th: A RESOLUTION recognizing February 3, 2015, as Equine Youth Day at the state capitol; and for other purposes. SR 90. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th and Miller of the 49th: A RESOLUTION recognizing February 4, 2015, as Veterinary Medicine Day at the state capitol; and for other purposes. SR 91. By Senators Wilkinson of the 50th, Miller of the 49th, Ginn of the 47th and Gooch of the 51st: A RESOLUTION commending Clarence Landers "C.L." Pritchett; and for other purposes. WEDNESDAY, JANUARY 28, 2015 91 SR 92. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th: A RESOLUTION recognizing the week of February 2-6, 2015, as National School Counseling Week; and for other purposes. SR 93. By Senators Miller of the 49th, Ginn of the 47th, Jones of the 25th, Crane of the 28th, Stone of the 23rd and others: A RESOLUTION commending the inaugural communities of the Georgia PlanFirst program and celebrating the 25th anniversary of the implementation of the Georgia Planning Act; and for other purposes. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, January 29, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:31 a.m. 92 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 29, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: THURSDAY, JANUARY 29, 2015 93 SB 63. By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others: 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 manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and offpremises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 65. By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd and others: A BILL To be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SR 97. By Senators Thompson of the 5th, Henson of the 41st, Davenport of the 44th, Seay of the 34th, Orrock of the 36th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that taxes on motor fuels shall be appropriated for any or all public 94 JOURNAL OF THE SENATE transportation purposes; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Transportation. The following committee report was read by the Secretary: Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 2 Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Lucas Miller THURSDAY, JANUARY 29, 2015 95 Senator Lucas 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 Jackson of the 2nd introduced the chaplain of the day, Reverend Thurmond Tillman of Savannah, Georgia, who offered scripture reading and prayer. Senator Jones II of the 22nd introduced the doctor of the day, Dr. Matt Lyon. Senator Watson of the 1st recognized Judge Patricia Parker Stone for her outstanding service in Chatham County, commended by SR 59, adopted previously. Judge Patricia Parker Stone addressed the Senate briefly. Senator Jackson of the 2nd recognized Michael Joseph Hamilton, Sr., for his outstanding service with the Frank Callan Boys and Girls Club, commended by SR 82, adopted previously. Senator Jackson of the 2nd recognized Lucius "Bo" Levett, commended by SR 60, adopted previously. Senator Jackson of the 2nd recognized Dr. M. Ann Levett, commended by SR 61, adopted previously. Dr. M. Ann Levett addressed the Senate briefly. Senator Jackson of the 2nd recognized Benjamin Johnson and congratulated him upon the grand occasion of his retirement, commended by SR 81, adopted previously. Reverend Christopher Johnson addressed the Senate briefly. Senator Watson of the 1st recognized Bethesda Academy and congratulating it on its 275th anniversary, commended by SR 83, adopted previously. President T. David Tribble addressed the Senate briefly. The following resolutions were read and adopted: SR 94. By Senator Hill of the 6th: A RESOLUTION commending Georgia Bio for the advancements it has made in the life sciences industry and for the impact it has on this state's economy and recognizing January 28, 2015, as Georgia Bio Day at the state capitol; and for other purposes. 96 JOURNAL OF THE SENATE SR 95. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending the Pope High School softball team on their 2014 GHSA Class AAAAAA State Championship; and for other purposes. SR 96. By Senators Hill of the 6th, Harbison of the 15th, Tolleson of the 20th, Albers of the 56th, Williams of the 19th and others: A RESOLUTION commending all Vietnam era and Vietnam War veterans and their families and recognizing the week of May 6-12, 2015 as the 40th anniversary observance of the ending of the Vietnam War; and for other purposes. SR 98. By Senators Crane of the 28th, Shafer of the 48th, Mullis of the 53rd, Ligon, Jr. of the 3rd, Watson of the 1st and others: A RESOLUTION commending Steve Holman for being honored 2014 Georgia Sportscaster of the Year; and for other purposes. SR 99. By Senators Thompson of the 14th, Mullis of the 53rd, Hufstetler of the 52nd, Bethel of the 54th, Heath of the 31st and others: A RESOLUTION commending Brooke Rucker; and for other purposes. SR 100. By Senators Thompson of the 14th, Mullis of the 53rd, Bethel of the 54th, Hufstetler of the 52nd, Heath of the 31st and others: A RESOLUTION honoring the life and memory of Julius Clarence Shaw; and for other purposes. SR 101. By Senators Gooch of the 51st and Williams of the 27th: A RESOLUTION honoring the life and memory of Sydney Ridings; and for other purposes. SR 102. By Senators Tippins of the 37th, Dugan of the 30th, Millar of the 40th, Wilkinson of the 50th and Hill of the 6th: A RESOLUTION recognizing February 9, 2015, as Youth Villages Georgia Day at the state capitol; and for other purposes. THURSDAY, JANUARY 29, 2015 97 SR 103. By Senators Tippins of the 37th, Millar of the 40th, Wilkinson of the 50th, Hill of the 6th, Unterman of the 45th and others: A RESOLUTION commending Georgia State University and recognizing February 4, 2015, as Georgia State University Day at the state capitol; and for other purposes. SR 104. By Senators Tippins of the 37th, Dugan of the 30th, Millar of the 40th, Wilkinson of the 50th and Hill of the 6th: A RESOLUTION commending Georgia Bio for the advancements it has made in the life sciences industry and for the impact it has on this state's economy; and for other purposes. SR 105. By Senators Orrock of the 36th, Henson of the 41st, Butler of the 55th, Parent of the 42nd, Fort of the 39th and others: A RESOLUTION recognizing February 5, 2015, as High Performance Healthy Schools Day at the capitol; and for other purposes. SR 106. By Senators Orrock of the 36th, Henson of the 41st, Miller of the 49th, Parent of the 42nd, Fort of the 39th and others: A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes. Senator Kennedy of the 18th honored the life and memory of Deputy Michael Andrew Norris, commended by SR 85, adopted previously. Sheriff John Cary Bittick addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Jeffares of the 17th SENATE RULES CALENDAR THURSDAY, JANUARY 29, 2015 EIGHTH LEGISLATIVE DAY SB 1 Insurance; provide for certain insurance coverage for autism spectrum disorders (Substitute)(I&L-54th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee 98 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 1. By Senators Bethel of the 54th, Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Albers of the 56th and others: A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to provide for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Insurance and Labor offered the following substitute to SB 1: 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 for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, is amended as follows: "33-24-59.10. (a) As used in this Code section, the term: (1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. Accident and sickness contract, policy, or benefit plan shall not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medicalsurgical expense, or major medical insurance. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and THURSDAY, JANUARY 29, 2015 99 communication skills 'Applied behavior analysis' means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. (3) 'Autism spectrum disorder' means autism spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. (4) 'Treatment of autism spectrum disorder' includes the following types of care prescribed, provided, or ordered for an individual diagnosed with an autism spectrum disorder: (A) Habilitative or rehabilitative services, including applied behavior analysis or other professional or counseling services necessary to develop, maintain, and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis shall be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts; (B) Counseling services provided by a licensed psychiatrist, licensed psychologist, professional counselor, or clinical social worker; and (C) Therapy services provided by a licensed or certified speech therapist, speechlanguage pathologist, occupational therapist, physical therapist, or marriage and family therapist. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder. Accident and sickness contracts, policies, or benefit plans shall provide coverage for autism spectrum disorders for an individual covered under a policy or contract who is six years of age or under in accordance with the following: (1) The policy or contract shall provide coverage for any assessments, evaluations, or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder; (2) The policy or contract shall provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this Code section at least annually; (3) The policy or contract shall not include any limits on the number of visits; (4) The policy or contract may limit coverage for applied behavior analysis to $35,000.00 per year. An insurer shall not apply payments for coverage unrelated to 100 JOURNAL OF THE SENATE autism spectrum disorders to any maximum benefit established under this paragraph; and (5) This subsection shall not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy or contract. Coverage for prescription drugs for the treatment of autism spectrum disorders shall be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the policy or contract. (c) Except as otherwise provided in this Code section, any policy or contract that provides coverage for services under this Code section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles, and exclusions to the extent that these provisions are not inconsistent with the requirements of this Code section. (d) This Code section shall not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized family service plan, an individualized education plan as required by the federal Individuals with Disabilities Education Act, or an individualized service plan. This Code section also shall not be construed to limit benefits that are otherwise available to an individual under an accident and sickness contract, policy, or benefit plan. (e)(1) An insurer, corporation, or health maintenance organization, or a governmental entity providing coverage for such treatment pursuant to this Code section, is exempt from providing coverage for behavioral health treatment required under this Code section and not covered by the insurer, corporation, health maintenance organization, or governmental entity providing coverage for such treatment pursuant to this Code section as of December 31, 2016, if: (A) An actuary, affiliated with the insurer, corporation, or health maintenance organization, who is a member of the American Academy of Actuaries and meets the American Academy of Actuaries' professional qualification standards for rendering an actuarial opinion related to health insurance rate making, certifies in writing to the Commissioner that: (i) Based on an analysis to be completed no more frequently than one time per year by each insurer, corporation, or health maintenance organization, or such governmental entity, for the most recent experience period of at least one year's duration, the costs associated with coverage of behavioral health treatment required under this Code section, and not covered as of December 31, 2016, exceeded 1 percent of the premiums charged over the experience period by the insurer, corporation, or health maintenance organization; and (ii) Those costs solely would lead to an increase in average premiums charged of more than 1 percent for all insurance policies, subscription contracts, or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation, or health maintenance organization, or such governmental entity, employs; and (B) The Commissioner approves the certification of the actuary. (2) An exemption allowed under paragraph (1) of this subsection shall apply for a THURSDAY, JANUARY 29, 2015 101 one-year coverage period following inception or next renewal date of all insurance policies, subscription contracts, or health care plans issued or renewed during the oneyear period following the date of the exemption, after which the insurer, corporation, or health maintenance organization, or such governmental entity, shall again provide coverage for behavioral health treatment required under this subsection. (3) An insurer, corporation, or health maintenance organization, or such governmental entity, may claim an exemption for a subsequent year, but only if the conditions specified in this subsection again are met. (4) Notwithstanding the exemption allowed under paragraph (1) of this subsection, an insurer, corporation, or health maintenance organization, or such governmental entity, may elect to continue to provide coverage for behavioral health treatment required under this subsection. (f) Beginning January 1, 2016, to the extent that this Code section requires benefits that exceed the essential health benefits required under Section 1302(b) of the federal Patient Protection and Affordable Care Act, P. L. 111-148, the specific benefits that exceed the required essential health benefits shall not be required of a 'qualified health plan' as defined in such act when the qualified health plan is offered in this state through the exchange. Nothing in this subsection shall nullify the application of this Code section to plans offered outside the state's exchange. (g) This Code section shall not apply to any accident and sickness contract, policy, or benefit plan offered by any employer with ten or fewer employees. (h) Nothing in this Code section shall be construed to limit any coverage under any accident and sickness contract policy or benefit plan, including, but not limited to, speech therapy, occupational therapy, or physical therapy otherwise available under such plan. (i) By January 15, 2017, and every January 15 thereafter, the department shall submit a report to the General Assembly regarding the implementation of the coverage required under this Code section. The report shall include, but shall not be limited to, the following: (1) The total number of insureds diagnosed with autism spectrum disorder; (2) The total cost of all claims paid out in the immediately preceding calendar year for coverage required by this Code section; (3) The cost of such coverage per insured per month; and (4) The average cost per insured for coverage of applied behavior analysis. All health carriers and health benefit plans subject to the provisions of this Code section shall provide the department with all data requested by the department for inclusion in the annual report." 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. 102 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis On the passage of the bill, the yeas were 54, nays 0. Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T SB 1, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Donzella James Economic Development and Tourism 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 January 29, 2015 THURSDAY, JANUARY 29, 2015 103 Mr. David Cook Secretary of Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Cook, This letter is to respectfully request that my name be removed from the following legislation: Senate Bill 24 Thank you for your attention to this matter. Sincerely, /s/ Donzella J. James Senator, District 35 Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to HR 19 until 10:00 a.m. Monday, February 2, 2015; the motion prevailed, and at 12:18 p.m. the President announced the Senate adjourned. 104 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 2, 2015 Ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Jeffares of the 17th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Bill Jackson District 24 241 State Capitol Atlanta, GA 30334 Committees: Administrative Affairs Appropriations Economic Development and Tourism Ethics Reapportionment and Redistricting Rules Transportation The State Senate Atlanta, Georgia 30334 January 30, 2015 Honorable David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: Senate Bill 36 Dear Secretary Cook: I respectfully request removal of my signature from this Senate Bill. Please help me with this request. After further research on the matter, I decline to endorse the legislation. MONDAY, FEBRUARY 2, 2015 105 Sincerely, /s/ Bill Jackson State Senator, 24th District The following Senate legislation was introduced, read the first time and referred to committee: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development and Tourism. SB 5. By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development and Tourism. SB 66. By Senators Jackson of the 2nd and Jones II of the 22nd: A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Task Force on Blind and Visually Impaired Persons; to provide for membership; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 106 JOURNAL OF THE SENATE SB 67. By Senators Jones of the 10th, Orrock of the 36th, Lucas of the 26th, Davenport of the 44th, Sims of the 12th and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to prohibit all carrying of weapons in government buildings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 68. By Senators Jones of the 10th, Orrock of the 36th, Lucas of the 26th, Seay of the 34th, Butler of the 55th 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 for a training requirement for the issuance of a weapons carry license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 69. By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th: 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 restrictions regarding the rights 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 Committee on Veterans, Military and Homeland Security. SB 70. By Senators Hill of the 32nd, McKoon of the 29th and Bethel of the 54th: A BILL to be entitled an Act to amend Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to licensing of armed employees, qualifications, continuing education, fingerprints, license card, and suspension, so as to require that a criminal background check be performed prior to the issuance of a license to an armed security guard; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. MONDAY, FEBRUARY 2, 2015 107 SB 71. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd and Tate of the 38th: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to clarify that it shall be lawful under certain circumstances for peace officers to use law enforcement agency issued devices to observe, photograph, or record the activities of another which occur in any private place and out of public view; to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions relative to law enforcement officers and agencies; to amend Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to the inspection of public records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 72. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 73. By Senators Henson of the 41st, Lucas of the 26th, Orrock of the 36th, Butler of the 55th, Tate of the 38th 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 allow a person to be detained by law enforcement for the purpose of investigating whether such person has a weapons carry license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 74. By Senators Hill of the 32nd, Hill of the 6th and Harper of the 7th: A BILL to be entitled an Act to amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, 108 JOURNAL OF THE SENATE so as to establish charity care organizations to provide health care services to the uninsured in this state; to provide for definitions; to provide for tax credits for contributions to charity care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SR 113. By Senators Hill of the 32nd, Shafer of the 48th, Cowsert of the 46th, Hill of the 6th, Harper of the 7th and others: A RESOLUTION creating the Senate Entrepreneur in Residence Study Committee; and for other purposes. Referred to the Committee on Economic Development and Tourism. SR 114. By Senators Hill of the 32nd, Shafer of the 48th, Cowsert of the 46th, Hill of the 6th, Harper of the 7th and others: A RESOLUTION creating the Joint Entrepreneur in Residence Study Committee; and for other purposes. Referred to the Committee on Economic Development and Tourism. SR 119. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Orrock of the 36th, Tate of the 38th and others: A RESOLUTION encouraging law enforcement agencies to equip peace officers who conduct traffic stops or respond to emergency dispatch calls as their primary duty with body cameras; and for other purposes. Referred to the Committee on Public Safety. SR 123. By Senators Tate of the 38th, Butler of the 55th, Henson of the 41st, Seay of the 34th, Sims of the 12th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for casino gambling within each county and each municipal corporation where such activities have been approved by referendum; to provide for the levy and collection of state and local taxes, fees, or assessments regarding the proceeds from such casino gambling; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Government Oversight. MONDAY, FEBRUARY 2, 2015 109 The following House legislation was read the first time and referred to committee: HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. The following committee report was read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 53 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following legislation was read the second time: SB 2 Senator Hill of the 4th 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. 110 JOURNAL OF THE SENATE Senator Mullis of the 53rd introduced the chaplain of the day, Former State Representative Jay Neal of LaFayette, Georgia, who offered scripture reading and prayer. Senator Orrock of the 36th introduced the doctor of the day, Dr. Melissa B. Hirsu. Senator Dugan of the 30th recognized February 2, 2015, as University of West Georgia Day at the capitol, commended by SR 86, adopted previously. President Dr. Kyle Marrero addressed the Senate briefly. The following resolutions were read and adopted: SR 107. By Senators Jones of the 25th, Hill of the 6th and Cowsert of the 46th: A RESOLUTION recognizing February 11, 2015, as Jackson-Butts County Day at the state capitol; and for other purposes. SR 108. By Senator Miller of the 49th: A RESOLUTION recognizing the month of April, 2015, as Genocide Prevention and Awareness Month at the Capitol; and for other purposes. SR 109. By Senator Miller of the 49th: A RESOLUTION commending and supporting Purple Star Veterans and Families; and for other purposes. SR 110. By Senators Mullis of the 53rd and Hufstetler of the 52nd: A RESOLUTION commending Don Henderson upon the grand occasion of his retirement; and for other purposes. SR 111. By Senators Hill of the 32nd, Thompson of the 14th, Hill of the 4th, Burke of the 11th, Watson of the 1st and others: A RESOLUTION recognizing and commending the Iota Theta Chapter of Delta Tau Delta Fraternity; and for other purposes. SR 112. By Senator Black of the 8th: A RESOLUTION commending the Echols County Drama Club; and for other purposes. MONDAY, FEBRUARY 2, 2015 111 SR 115. By Senators Unterman of the 45th, Seay of the 34th, Orrock of the 36th, Davenport of the 44th, Butler of the 55th and others: A RESOLUTION recognizing and commending the American Heart Association's Go Red For Women movement and recognizing February 6, 2015, as National Wear Red Day; and for other purposes SR 116. By Senators Unterman of the 45th, Seay of the 34th, Davenport of the 44th, Orrock of the 36th, Butler of the 55th and others: A RESOLUTION recognizing Wednesday, February 25, 2015, as Lupus Awareness Day; and for other purposes. SR 117. By Senators Cowsert of the 46th, Henson of the 41st, Unterman of the 45th, Bethel of the 54th, Burke of the 11th and others: A RESOLUTION Commending Kurt Gelfand and recognizing February 4, 2015, as Prostate Cancer Awareness Day at the state capitol; and for other purposes. SR 118. By Senators Hill of the 4th, Shafer of the 48th, Cowsert of the 46th, Millar of the 40th, Williams of the 19th and others: A RESOLUTION commending Georgia Southern University and recognizing February 3, 2015, as Georgia Southern University Day at the Capitol; and for other purposes. SR 120. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Parent of the 42nd, Butler of the 55th and others: A RESOLUTION commending Hamilton Frederick Bohannon for 50 years in the music industry; and for other purposes. SR 121. By Senators Jackson of the 24th and Stone of the 23rd: A RESOLUTION Congratulating the Greenbrier High School Softball Team, winners of the 2014 Class AAAAA State Championship; and for other purposes. SR 122. By Senators Tate of the 38th, Orrock of the 36th, Fort of the 39th and James of the 35th: A RESOLUTION honoring the life and memory of Dr. Edwin A. Thompson, Sr.; and for other purposes. 112 JOURNAL OF THE SENATE SR 124. By Senators Ramsey, Sr. of the 43rd, Butler of the 55th and Jones of the 10th: A RESOLUTION commending Georgia Piedmont Technical College and recognizing February 3, 2015, as Georgia Piedmont Technical College Day at the capitol; and for other purposes. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 3, 2015. The motion prevailed, and the President announced the Senate adjourned at 10:59 a.m. TUESDAY, FEBRUARY 3, 2015 113 Senate Chamber, Atlanta, Georgia Tuesday, February 3, 2015 Tenth 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. Reilly, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 106. By Senators Orrock of the 36th, Henson of the 41st, Miller of the 49th, Parent of the 42nd, Fort of the 39th and others: A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 75. By Senator Jones of the 25th: A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 187879, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Committee on State and Local Governmental Operations. 114 JOURNAL OF THE SENATE SB 76. By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 77. By Senators Albers of the 56th, McKoon of the 29th, Stone of the 23rd, Williams of the 19th, Jackson of the 24th 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 analysis and collection of DNA for individuals arrested and convicted of felony offenses; to revise and add definitions; to change provisions relating to time and procedure for obtaining DNA 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 Committee on Judiciary Non-Civil. SB 78. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to change provisions relating to appeals from magistrate courts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 79. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand TUESDAY, FEBRUARY 3, 2015 115 the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 80. By Senators Hufstetler of the 52nd, James of the 35th and Millar of the 40th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise various provisions relating to funding for state charter schools and virtual charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 81. By Senators Wilkinson of the 50th, Gooch of the 51st, Tippins of the 37th, Williams of the 19th and McKoon of the 29th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for election of local school superintendents by the voters and election of members of local boards of education by grand juries, as an alternative to appointment of local school superintendents by local school boards and election of local school board members by the voters; and for other purposes. Referred to the Committee on Education and Youth. SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. 116 JOURNAL OF THE SENATE SR 126. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. SR 135. By Senators Beach of the 21st, Hill of the 6th, Jones of the 25th, Black of the 8th, Ramsey, Sr. of the 43rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for pari-mutuel wagering on horse racing; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 138. By Senators Wilkinson of the 50th, Gooch of the 51st, Tippins of the 37th, Williams of the 19th and McKoon of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for election of local school superintendents by voters and election of members of local boards of education by grand juries, as an alternative to appointment of local school superintendents by local boards of education and election of local school board members by voters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Education and Youth. The following committee report was read by the Secretary: Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 103 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman TUESDAY, FEBRUARY 3, 2015 117 The following legislation was read the second time: SB 53 Senator Jackson of the 2nd was excused for business outside the Senate Chamber. Senator Wilkinson of the 50th asked unanimous consent that Senator Hufstetler of the 52nd be excused. The consent was granted, and Senator Hufstetler was excused. Senator Bethel of the 54th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Bethel of the 54th asked unanimous consent that Senator Parent of the 42nd be excused. The consent was granted, and Senator Parent was excused. Senator Seay of the 34th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Jackson, B James Jeffares Jones, B Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Hufstetler (Excused) Parent (Excused) Jackson, L. (Excused) Tippins (Excused) Jones, E. (Excused) 118 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 24th introduced the chaplain of the day, Dr. Brad Whitt of Augusta, Georgia, who offered scripture reading and prayer. Senator Rhett of the 33rd introduced the doctor of the day, Dr. Marvin D. Tark. Senator Hill of the 4th honored Georgia Southern University and recognized February 3, 2015, as Georgia Southern University Day at the Capitol, commended by SR 118, adopted previously. President Dr. Brooks A. Keel addressed the Senate briefly. Senator Bethel of the 54th recognized University of Georgia Blue Key Honor Society. President Wes Roberts addressed the Senate briefly. Senator Wilkinson of the 50th recognized February 3, 2015, as Equine Youth Day at the state capitol, commended by SR 89, adopted previously. North Georgia Representative Ann Jones addressed the Senate briefly. The following resolution was read and adopted: SR 128. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Judge Cliff Jolliff on his outstanding public service; and for other purposes. Senator Miller of the 49th spoke to the resolution honoring Judge Cliff Jolliff. Judge Cliff Jolliff addressed the Senate briefly. Senator Ramsey, Sr. of the 43rd honored Georgia Piedmont Technical College and recognized February 3, 2015, as Georgia Piedmont Technical College Day at the capitol, commended by SR 124, adopted previously. Academy Director Major Harry McCann addressed the Senate briefly. Senator Black of the 8th recognized the Echols County Drama Club, commended by SR 112, adopted previously. Director Analiese Hamm addressed the Senate briefly. The following resolutions were read and adopted: SR 125. By Senator Gooch of the 51st: A RESOLUTION recognizing Lumpkin County as the Wine Tasting Room Capital of Georgia; and for other purposes. TUESDAY, FEBRUARY 3, 2015 119 SR 127. By Senator Tolleson of the 20th: A RESOLUTION commending Amanda Miliner, a former Miss Georgia, for her accomplishment of winning the 2015 Georgia Teacher of the Year award; and for other purposes. SR 129. By Senator Miller of the 49th: A RESOLUTION recognizing and congratulating Ben Johnson, Jennifer Johnson, Shelley Sweet, and Todd Ginsberg on being named Georgia's Restaurateurs of the Year; and for other purposes. SR 130. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 27th, Cowsert of the 46th, Albers of the 56th and others: A RESOLUTION commending Cadet Jonathan Chase Strickland of the University of North Georgia; and for other purposes. SR 131. By Senators Henson of the 41st, Fort of the 39th, Tate of the 38th, Rhett of the 33rd, Seay of the 34th and others: A RESOLUTION honoring the life and memory of Booker Terry Brantley, Jr.; and for other purposes. SR 132. By Senator Jackson of the 24th: A RESOLUTION commending John Peyson Drinkard, Sr.; and for other purposes. SR 133. By Senators Henson of the 41st, Parent of the 42nd, Tate of the 38th, Butler of the 55th, Seay of the 34th and others: A RESOLUTION commending Tucker Middle School; and for other purposes. SR 134. By Senators Davenport of the 44th, James of the 35th, Fort of the 39th, Seay of the 34th, Butler of the 55th and others: A RESOLUTION honoring the life and memory of Mildred Louise Foster Glass; and for other purposes. SR 136. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th, Heath of the 31st and Kirk of the 13th: A RESOLUTION commending the Future Farmers of America and recognizing February 24, 2015, as Future Farmers of America Day at the state capitol; and for other purposes. 120 JOURNAL OF THE SENATE SR 137. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th, Burke of the 11th and Kirk of the 13th: A RESOLUTION commending the Georgia peanut industry and recognizing March 3, 2015, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 139. By Senators Orrock of the 36th, Butler of the 55th, James of the 35th, Tate of the 38th, Seay of the 34th and others: A RESOLUTION commending the League of Women Voters of Georgia and the affiliated local Leagues in the State of Georgia on the occasion of their 95th anniversary and recognizing February 18, 2015, as League of Women Voters of Georgia Day at the capitol; and for other purposes SR 140. By Senators Kirk of the 13th, Thompson of the 14th, Dugan of the 30th, Black of the 8th, Jackson of the 24th and others: A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Clark Henderson, Mr. Bub Denham, Mr. Briley Edwards, Mrs. Kimberly Reid, Mr. Zack Wade, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. SENATE RULES CALENDAR TUESDAY, FEBRUARY 3, 2015 TENTH LEGISLATIVE DAY SB 2 Education; student who completes certain requirements relating to postsecondary coursework awarded a high school diploma (Substitute) (ED&Y-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 2. By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 TUESDAY, FEBRUARY 3, 2015 121 core curriculum in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Education and Youth offered the following substitute to SB 2: 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 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: "20-2-149.2. (a) A local board of education may award a high school diploma to a student enrolled in coursework pursuant to Code Section 20-2-159.5 who: (1) Completes rigorous coursework at a postsecondary institution which meets the requirements in paragraph (7) of Code Section 20-3-519; (2) Is 16 years old or older and has completed at least the following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; (3) Receives a score of admission acceptable on the readiness assessment required by the postsecondary institution; and (4) Completes: (i) an associate degree program; (ii) a technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (iii) at least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as 122 JOURNAL OF THE SENATE determined by the Technical College System of Georgia. (b) The State Board of the Technical College System of Georgia shall annually identify fields of study in which a critical need or shortage of trained personnel exists in the labor markets in this state and provide such information to the State Board of Education. The State Board of Education shall annually provide such information to local school systems for the purpose of emphasizing areas of critical workforce needs and shortages in the labor markets in our state to high school students to support their career pathway decisions. (c) The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish rules and regulations to implement the provisions of this Code section. (d) A student who meets the requirements of subsection (a) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson TUESDAY, FEBRUARY 3, 2015 123 Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 56, nays 0. SB 2, having received the requisite constitutional majority, was passed by substitute. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 4, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:44 a.m. 124 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 4, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 36. By Representatives Randall of the 142nd, Epps of the 144th, Peake of the 141st, Dickey of the 140th and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes. HB 67. By Representative Kidd of the 145th: A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 4, 2015 125 HB 88. HB 101. HB 102. HB 125. HB 148. By Representative Prince of the 127th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Cheokas of the 138th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Belton of the 112th: A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th and Clark of the 147th: A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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. 126 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 83. By Senators Rhett of the 33rd, Fort of the 39th, Henson of the 41st, Tate of the 38th, James of the 35th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to identification and regulation with regard to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motor vehicle; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping motor vehicles; to require law enforcement officers to document the race, ethnicity, and gender of drivers and passengers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 84. By Senators Watson of the 1st and Jackson of the 2nd: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 143. 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 Committee on Regulated Industries and Utilities. The following House legislation was read the first time and referred to committee: HB 36. By Representatives Randall of the 142nd, Epps of the 144th, Peake of the 141st, Dickey of the 140th and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. WEDNESDAY, FEBRUARY 4, 2015 127 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 67. By Representative Kidd of the 145th: A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 88. By Representative Prince of the 127th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 101. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 128 JOURNAL OF THE SENATE HB 102. By Representative Cheokas of the 138th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 125. By Representative Belton of the 112th: A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 148. By Representatives Dickey of the 140th and Clark of the 147th: A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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 Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Economic Development and Tourism has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 5 Do Pass by substitute Respectfully submitted, Senator Ginn of the 47th District, Chairman WEDNESDAY, FEBRUARY 4, 2015 129 Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 3 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 74 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman The following legislation was read the second time: HR 103 The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Jackson of the 2nd The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Hill, H Hill, Judson Hufstetler Jackson, B James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins 130 JOURNAL OF THE SENATE Ginn Gooch Harbin Harbison Harper Heath Henson Ligon Lucas Martin McKoon Millar Mullis Not answering were Senators: Hill, Jack (Excused) Thompson, C. Jackson, L. (Excused) Tolleson Unterman Watson Wilkinson Williams, M Williams, T Miller 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 Miller of the 49th introduced the chaplain of the day, Reverend Bruce Shortell of Flowery Branch, Georgia, who offered scripture reading and prayer. Senator Hill of the 6th introduced the doctor of the day, Dr. Andrew B. Dott. Senator Wilkinson of the 50th recognized February 4, 2015, as Veterinary Medicine Day at the state capitol, commended by SR 90, adopted previously. Georgia Veterinary Medicine Association President Dr. Duffy Jones addressed the Senate briefly. Senator Seay of the 34th recognized Satchel B. Jester, commended by SR 37, adopted previously. Satchel B. Jester addressed the Senate briefly. Senator Unterman of the 45th recognized the American Heart Association's Go Red For Women movement and declared February 6, 2015, as National Wear Red Day, commended by SR 115, adopted previously. American Heart Association Ambassador Kimberly Goodloe addressed the Senate briefly. Senator Tippins of the 37th recognized Georgia State University and declared February 4, 2015, as Georgia State University Day at the state capitol, commended by SR 103, adopted previously. President Mark P. Becker addressed the Senate briefly. The following resolutions were read and adopted: WEDNESDAY, FEBRUARY 4, 2015 131 SR 141. By Senators Wilkinson of the 50th, Gooch of the 51st, Miller of the 49th, Ginn of the 47th and Mullis of the 53rd: A RESOLUTION honoring the life and memory of Gary Chadwick Durrence; and for other purposes. SR 142. By Senators Wilkinson of the 50th, Gooch of the 51st, Miller of the 49th, Ginn of the 47th and Mullis of the 53rd: A RESOLUTION commending the Towns County Mountain Movers and Shakers; and for other purposes. SR 144. By Senators Cowsert of the 46th, Ginn of the 47th and Millar of the 40th: A RESOLUTION commending Athens Community Career Academy for winning Career Academy of the Year at the Lieutenant Governor's Business and Education Summit; and for other purposes SR 145. By Senators Cowsert of the 46th, Ginn of the 47th and Millar of the 40th: A RESOLUTION commending Caterpillar, Athens, for winning Business Partner of the Year at the Lieutenant Governor's Business and Education Summit; and for other purposes. SR 146. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending Dee Armstrong for her contributions to television news; and for other purposes. SR 147. By Senators Seay of the 34th, Hill of the 4th, Butler of the 55th, Jones of the 10th, Henson of the 41st and others: A RESOLUTION recognizing and commending Senator Steve Thompson on his outstanding public service; and for other purposes. SR 148. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Sarah Millsaps upon being honored with the Girl Scout Gold Award; and for other purposes. SR 149. By Senator Gooch of the 51st: A RESOLUTION commending the White County Color and Honor Guard; and for other purposes. 132 JOURNAL OF THE SENATE SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 4, 2015 ELEVENTH LEGISLATIVE DAY SB 53 Mental Health; authorizing licensed professional counselor to perform certain acts; revise sunset prov.; repeal in its entirety June 30, 2018 (H&HS-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: SB 53. By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; and for other purposes. Senator Kirk of the 13th asked unanimous consent that SB 53 be placed on the Table. The consent was granted, and SB 53 was placed on the Table. Senator Cowsert of the 46th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 11:00 a.m. Monday, February 9, 2015, pursuant to HR 19. The President announced the motion prevailed at 10:59 a.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Hugh P. Thompson, Chief Justice of the Supreme Court, was called to order by the Speaker of the House. HR 11 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. Honorable Hugh P. Thompson, 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: WEDNESDAY, FEBRUARY 4, 2015 133 In a courtroom somewhere in Georgia this week, under the adoption laws of this state, a judge will declare a couple the legal parents of the young child they have brought into their family. In another courtroom, a judge will inform the owner of a small business that she is throwing out the lawsuit which threatened to close the doors of that business forever. In yet another Georgia courtroom, the parents of an adult son or daughter who was randomly shot and killed will get some closure when the judge announces that he is sentencing their child's killer to spend the rest of his life in prison. Each day in Georgia, our judges dispense justice. Each day, they study and review the laws of our nation and the laws of our state and apply them impartially to the facts of the case before them. Each day, when they look at the people in their courtroom, they consider that their decisions will change individuals' lives forever. Today I speak for Georgia's judges in pledging to you that the state of Georgia's judiciary is sound and strong. It is strong because each day across this state, prosecutors, public defenders, sheriffs and sheriffs' deputies, clerks, probation officers, and more than 1400 Georgia judges go to work, committed to fulfilling the mission of our courts. That mission is to protect individual rights and liberties, to uphold and interpret the rules of law, and to provide a forum for the peaceful resolution of disputes that is fair, impartial, and accessible to all. As your Chief Justice and head of the judicial branch of government, I am grateful for the opportunity to report to you our achievements of this past year, and the challenges that lie ahead. And I thank you for your ongoing support of the judiciary and the partnership we have forged in our common goal of serving the people of this great state. Economy and the Courts After years of a near-crippling recession that threatened the livelihoods of too many Georgians, our economy is improving and the judiciary is beginning to regain its footing. After years of cutting costs, streamlining our organizations, and implementing furloughs, today we stand on firmer ground in maintaining the courts' ability to fulfill our constitutional duties. As my predecessors and I have said before, our courts are a bargain for this state. The entire judicial branch of Georgia operates on less than 1 percent of the total spent by all of our state government. Look at it another way: For every $100 spent by Georgia's government, only $.89 goes toward funding Georgia's judiciary. That's not even a full 134 JOURNAL OF THE SENATE dollar. At the same time, our courts generate $93 million a year in revenue that is pumped back into the state's budget. What a value for Georgia taxpayers. Despite our best efforts, however, challenges remain, notably for our probate courts. But with your help and support, we will meet those challenges. Access to Justice One such challenge is access to justice. Critical to the success of the judiciary is the public's trust and confidence. Too many hard-working Georgians believe that justice is out of their reach, either because it's too expensive or because of where they live. According to the National Center for Access to Justice, when it comes to access to attorneys, Georgia ranks in the bottom 10 states. As I said last year, our judges continue to see a growing number of people coming to court with no lawyer and trying to represent themselves, particularly in divorce and other domestic relations cases. Superior Court Judge David Roper from the Augusta Judicial Circuit told me that in his court, 35 percent of litigants in domestic cases now represent themselves. When people are unrepresented in court, often their interests are not championed, judges don't have the information they need to make just decisions, and the courts are burdened in time and resources. Last year I told you there are six rural counties in Georgia where there are no lawyers and another 20 where there are fewer than five. Dr. Martin Luther King, Jr. said: "Injustice anywhere is a threat to justice everywhere." We need your help in guaranteeing justice everywhere in Georgia. This year, under the leadership of Patrise Perkins-Hooker, President of the State Bar of Georgia, and under the sponsorship of Chairman Alex Atwood of Glynn County, legislation is being introduced to encourage private civil attorneys to work in severely underserved rural areas of Georgia. Under this legislation, a small number of law school graduates would receive annual assistance to help pay off their law school debts. In exchange, the attorneys would agree to work five years in those Georgia counties that desperately need legal help. This pilot project is just a small start, ladies and gentlemen. But it is a good start, and we ask for your backing. Specialty Courts Another challenge that we continue to address is the need for alternatives to prison for non-violent offenders. Thanks to Governor Deal, Lt. Governor Cagle, Speaker Ralston and so many of you here, Georgia remains at the forefront as a model for criminal justice reform. One of the crowning achievements is the growth in specialty courts, also known as accountability courts or problem-solving courts. WEDNESDAY, FEBRUARY 4, 2015 135 Georgia's drug, DUI, mental health, and other specialty courts save taxpayer dollars by avoiding the expense of incarceration. Most importantly, however, they help keep the public safe. Last year, more than 5100 Georgians participated in the specialty courts, which now number 116 across the state. Georgia's specialty courts are yet another bargain for Georgia. The success of these courts is told in the individual stories. Chief Judge Brenda Weaver of the Appalachian Judicial Circuit recently told me of a man she came to know who had been abusing drugs and alcohol since he was 13 years old. He had been in and out of prison for 22 years. But last April at the age of 55 this man graduated from Judge Weaver's drug court. After years of addiction and incarceration, today he has a fulltime job, pays taxes, and is a contributing member of his community. I have heard similar stories from so many judges. In Georgia today, we have seven Veterans Courts, with another six on the drawing board. Our veterans, who have sacrificed everything for our freedom and our system of justice, too often return from combat with brain injuries, post-traumatic stress disorder, mental health problems, and drug and alcohol dependencies all of which can lead them into the criminal justice system. Last month, I had the honor of attending Veterans Court in Cobb County, at the invitation of Superior Court Judge Reuben Green. Cobb County has more veterans than any other county in our state. Every Friday, Judge Green, who served as a United States Marine, presides over the court. Let me tell you what I saw: I saw a team of professionals who met with Judge Green for an hour before court to discuss each veteran who would appear before the judge that morning. I saw those professionals' dedication to keeping these veterans out of jail, by helping them get the treatment they need, and by helping them find jobs and housing. I then moved into Judge Green's courtroom where I saw him use the knowledge he had of each participant to praise them, to encourage them, or to sanction them if needed. One of the beauties of Veterans Courts is that all the participants receive veterans' benefits, which means that much of their treatment is funded by federal tax dollars, instead of state or county funds. Also unique is something else I saw first-hand. As each veteran approached the bench in Judge Green's courtroom, he or she was accompanied by a "mentor" one of 25 veterans who have volunteered to be paired with a court participant and stand behind and alongside these men and women to give them every chance to succeed. 136 JOURNAL OF THE SENATE Judge Green calls these mentors the real heroes, and he is always looking for more volunteers. As Judge Green said, we owe these young men and women whom we sent off to war a second chance and the treatment they need for the issues caused by their service to our country. Ladies and Gentlemen, I am proud to introduce to you Judge Reuben Green. I am also proud to introduce to you some of the United States veterans the heroes who volunteer in Judge Green's Veterans Court. Growth and Future Looking ahead to the future, our courts like all of government must be prepared for the growth in our population. For the first time, Georgia's population has surpassed 10 million. We are now the eighth most populous state, just behind Ohio. Like other states, Georgia is experiencing a growth in our elderly population. I believe this is one of the greatest challenges our courts face, particularly our probate courts, who lack the staff and resources they need to deal with more and more seniors who have no family to support them. In Bibb County, Judge Sarah Harris of the probate court reports her belief that the increase in the number of homeless people who come before her is directly tied to our growing elderly population. Senior Judge William Self of Macon worries about the significant increase he is seeing in the abuse, neglect, and exploitation of the elderly. In a letter to me, he wrote: "Our probate courts are going to be overwhelmed and ill-equipped, in both judicial and clerical resources." In another letter, the president of the Council of Probate Court Judges Judge Chase Daughtrey of Cook County said he wants members of the General Assembly to understand the often urgent and tragic human cases probate judges face daily. He wrote: "We watch the elderly man transition from independence to a ward of the state with no family or friends to care for him during his final days on this earth. With that, our hearts ache and cry for the greatest generation." Members of the General Assembly, going forward, our probate judges will need your help and your support. ******* At the Supreme Court of Georgia the highest court in our state the number of appeals filed to date is nearly 40 percent higher this year over last. Although we are rebuilding with your help, we continue to have fewer staff than we did more than a decade ago. WEDNESDAY, FEBRUARY 4, 2015 137 Please know that we appreciate your support in giving us the building facilities, personnel and resources we need to handle the people's problems and the people's business. I said last year that our state-paid judges deserve a raise. I say it again this year. We have not received a base pay raise for more than 15 years. For the sake of attracting and retaining the highest-qualified judges at all levels both trial and appellate we must be properly compensated based on a pay scale that makes sense. As we prepare for the future, we share with the governor and all of you our pride in Georgia being named the best place to do business. To maintain that position, our courts must be ready and able to quickly resolve business disputes. One of our great success stories is the Business Court created in Fulton County under the leadership of Judge John Goger, and which may soon be replicated in Gwinnett and Cobb counties. That court provides prompt resolution of complex commercial litigation by a panel of experienced judges. Going forward, we would like to see more of these courts in our state. Georgia is now home to more than 3600 foreign businesses from more than 60 countries. In the last decade, foreign companies accounted for 20 percent of metropolitan Atlanta's new business activity. With the growing globalization of business, Georgia has become a nationally recognized leader in the international legal market through the adoption of rules that make this state more attractive to foreign lawyers. I am also proud of Georgia's Alternative Dispute Resolution system. Its purpose is to help people resolve their disputes in less time and for less money by not having to go to court. Each year, 70 percent of the cases that go through the Alternative Dispute Resolution process are settled, and that results in nearly 25,000 fewer civil cases in our courts. ******* As the gateway to justice, our courtrooms are the epitome of democracy. But as our population grows, we are also growing more diverse. Our judges must reflect our population. The perception of justice is almost as important as justice itself. Last month, our state reached two important milestones. On January 7th, Judge Dean Bucci of the Paulding Judicial Circuit was sworn in as the first Hispanic superior court judge. The following week, I had the honor of presiding over the ceremonial swearing in of Judge Meng Lim of the Tallapoosa Judicial Circuit. It was indeed an historic occasion for our state, not only because Judge Lim is Georgia's first Asian American superior court judge, but also because of the extraordinary story of how he got here. 138 JOURNAL OF THE SENATE Judge Lim didn't grow up with a childhood like yours and mine. He was born in Cambodia, just before the takeover by the Khmer Rouge. He was taken from his mother when he was 4 years old, and placed in a camp with other young children. For four years, from sunup until sundown, he and the other children were marched to the rice fields where they worked all day pulling weeds. They had no toys, no medicine, no education, and no parents. After the Vietnamese liberated Cambodia, the Lim family was reunited and relocated as refugees to rural Bremen, Georgia. They spoke little English, but Meng, who was 9 years old, learned the language quickly and became his parents' interpreter. The community embraced the Lim family. The Baptist Church of Bremen provided a house for them and hired his parents as custodians. His teachers took him after school and on weekends to Walmart to introduce him to things he had never seen and words he had never heard. People anonymously contributed money so he could go on trips with the other school children. Meng Lim would go on to graduate as valedictorian of his class from Bremen High School and win scholarships to Emory University and the Mercer School of Law. He eventually worked in the law firm of the late great Speaker of this House, Thomas B. Murphy. But after 15 years practicing law, Meng Lim decided he could give back more to his community as a judge. From his early childhood in a country where there was no system of justice, he developed a passion for ensuring that all people who would enter his courtroom would be guaranteed justice. So last year, Meng Lim ran for an open seat in the Tallapoosa Judicial Circuit, and once again the community he had come to love embraced him and elected him as their judge. Ladies and Gentlemen, please join me in thanking Judge Lim and his parents, Se and Anh Lim. ******* Judge Lim and the other judges I have mentioned here today represent our state's future. They represent the many judges who embody the values Georgians hold dear humility, integrity, hard work, courage, resiliency, love of country and love of community. Georgians deserve judges of this high caliber. Georgians deserve a diverse judiciary made up of the best legal minds that instill confidence in our judicial system. And they deserve a justice system that ensures fair and prompt access to our courts for all Georgians. Thank you to all our judges. Thank all of you in the General Assembly for your support of the judiciary. Thank you for having me here today. And may God bless you and the great state of Georgia. WEDNESDAY, FEBRUARY 4, 2015 139 House Majority Leader Larry O'Neal 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 11:00 a.m. Monday, February 9, 2015. 140 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 9, 2015 Twelfth Legislative Day The Senate met pursuant to adjournment at 11:00 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 85. By Senators Beach of the 21st, Ginn of the 47th, Gooch of the 51st, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise the definition of project as applicable to said chapter; to modify the tax exemption of development authorities; to 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 Committee on Economic Development and Tourism. SB 86. By Senators Beach of the 21st, Albers of the 56th, Gooch of the 51st, Hill of the 6th and Williams of the 19th: A BILL to be entitled an Act to establish the "Patient Compensation 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 definitions; to establish the Patient Compensation System and the Patient Compensation Board; to provide for committees; to provide for 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 provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. MONDAY, FEBRUARY 9, 2015 141 SB 87. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 43-34A-3 of the Official Code of Georgia Annotated, relating to physician profiles, dissemination to public, content and maintenance requirements, corrections, judgments prior to April 11, 2001, sealed judgments, arbitration awards, and settlements prohibited, so as to limit the use of specialty board designations by physicians; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 88. By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. SB 90. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 46 of the O.C.G.A., relating to construction, improvement, and repair of rail lines, 142 JOURNAL OF THE SENATE depots, and roads, so as to provide for the installation of farm crossings and cattle guards on property which is intersected by a railroad; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 91. By Senators Harper of the 7th, Ginn of the 47th, Hill of the 6th, Jones of the 25th, Mullis of the 53rd 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 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 school buildings and school grounds if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 155. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Bethel of the 54th, Miller of the 49th and others: A RESOLUTION encouraging 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 Committee on Government Oversight. SR 159. By Senator Butler of the 55th: A RESOLUTION recognizing Mrs. Runell "Nell" Brooks Foster and dedicating an intersection in her honor; and for other purposes. Referred to the Committee on Transportation. SR 163. By Senators Mullis of the 53rd, Shafer of the 48th, Cowsert of the 46th, Gooch of the 51st, Hill of the 32nd and others: A RESOLUTION authorizing the Senate Rules Committee, during the 20152016 biennium of the General Assembly, to place witnesses under oath or affirmation when testifying before said committee in regard to legislation MONDAY, FEBRUARY 9, 2015 143 which is then in the possession of the committee or eligible for placement on the rules calendar of the Senate; and for other purposes. Referred to the Committee on Rules. The following committee report was read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 75 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman The following legislation was read the second time: SB 3 SB 5 SR 74 The following Senators were excused for business outside the Senate Chamber: Burke of the 11th James of the 35th The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Hill, H Hill, Jack Hill, Judson Jackson, B Jackson, L Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon McKoon Millar Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson 144 JOURNAL OF THE SENATE Harper Heath Henson Miller Mullis Orrock Williams, M Williams, T Not answering were Senators: Burke (Excused) Lucas Hufstetler Martin James (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: Hufstetler Lucas The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Thompson of the 14th introduced the chaplain of the day, Pastor Mona Harper of Stone Mountain, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Lee L. Grose. The following resolution was read and adopted: SR 156. By Senator Butler of the 55th: A RESOLUTION commending Delta Sigma Theta Sorority, Inc., and recognizing Monday, February 9, 2015, as Delta Day at the Georgia State Capitol; and for other purposes. Senator Butler of the 55th recognized Delta Sigma Theta Sorority, Inc., commended by SR 156. Southern Regional Director Cheryl W. Turner addressed the Senate briefly. Senator Shafer of the 48th asked unanimous consent that Senator Martin of the 9th be excused. The consent was granted, and Senator Martin was excused. The following resolution was read and adopted: SR 161. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Jackson of the 2nd, James of the 35th, Henson of the 41st and others: A RESOLUTION commending Kappa Alpha Psi Fraternity, Inc., and recognizing February 9, 2015, as Kappa Alpha Psi Fraternity Day at the capitol; and for other purposes. MONDAY, FEBRUARY 9, 2015 145 Senator Ramsey, Sr. of the 43rd recognized Kappa Alpha Psi Fraternity, Inc., commended by SR 161. Southeastern Province Polemarch Lawrence H. Davis, Jr. addressed the Senate briefly. The following resolution was read and put upon its adoption: SR 167. By Senators Cowsert of the 46th, Shafer of the 48th, Henson of the 41st and Gooch of the 51st: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, except as otherwise provided by this resolution or by subsequent resolution of the General Assembly, the dates for convening and dates of adjournment of the 2015 regular session of the General Assembly for the period of Thursday, February 12, 2015, through Thursday, April 2, 2015, shall be as follows: Thursday, February 12 ..................................................... legislative day 15 convenes Friday, February 13 through Monday, February 16 ............................ in adjournment Tuesday, February 17....................................................... legislative day 16 convenes Wednesday, February 18 ................................................ legislative day 17 convenes Thursday, February 19 ..................................................... legislative day 18 convenes Friday, February 20......................................................... legislative day 19 convenes Saturday, February 21 through Sunday, February 22.......................... in adjournment Monday, February 23...................................................... legislative day 20 convenes Tuesday, February 24...................................................... legislative day 21 convenes Wednesday, February 25 ................................................. legislative day 22 convenes Thursday, February 26 ..................................................... legislative day 23 convenes Friday, February 27 through Sunday, March 1 ................................... in adjournment Monday, March 2............................................................ legislative day 24 convenes Tuesday, March 3............................................................ legislative day 25 convenes Wednesday, March 4 ....................................................... legislative day 26 convenes Thursday, March 5 .......................................................... legislative day 27 convenes Friday, March 6 through Sunday, March 8......................................... in adjournment Monday, March 9............................................................ legislative day 28 convenes Tuesday, March 10.............................................................................. in adjournment Wednesday, March 11 .................................................... legislative day 29 convenes Thursday, March 12 ............................................................................ in adjournment Friday, March 13............................................................. legislative day 30 convenes Saturday, March 14 through Tuesday, March 17 ................................ in adjournment Wednesday, March 18 .................................................... legislative day 31 convenes 146 JOURNAL OF THE SENATE Thursday, March 19 ........................................................ legislative day 32 convenes Friday, March 20............................................................. legislative day 33 convenes Saturday, March 21 through Sunday, March 22................................. in adjournment Monday, March 23.......................................................... legislative day 34 convenes Tuesday, March 24.......................................................... legislative day 35 convenes Wednesday, March 25 .................................................... legislative day 36 convenes Thursday, March 26 ........................................................ legislative day 37 convenes Friday, March 27............................................................. legislative day 38 convenes Saturday, March 28 through Monday, March 30................................ in adjournment Tuesday, March 31.......................................................... legislative day 39 convenes Wednesday, April 1 ............................................................................ in adjournment Thursday, April 2 ............................................................ legislative day 40 convenes BE IT FURTHER RESOLVED that the meetings of the General Assembly shall be held as prescribed in Code Section 28-1-2 of the Official Code of Georgia Annotated, except as otherwise provided by this resolution; and, as authorized by said Code section, the hours for convening and closing the Senate for each legislative day may be as ordered by the Senate; and the hours for convening and closing the House for each legislative day may be as ordered by the House. BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, and the Governor has by proclamation declared an emergency temporary location or locations for the seat of government in accordance with Code Section 38-352, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at such temporary location or locations in accordance with Code Sections 38-3-52 and 38-3-53 on such date and at such time as they deem practical. BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, but the Governor has not by proclamation declared an emergency temporary location or locations for the seat of government in accordance with the above, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at the State Capitol in Atlanta, Fulton County, on such date and at such time as they deem practical. BE IT FURTHER RESOLVED that, in any case of suspension of the schedule of legislative days as authorized by this resolution, the Speaker of the House of MONDAY, FEBRUARY 9, 2015 147 Representatives and the President of the Senate shall provide for prompt notice of the same to all members of the House of Representatives and all members of the Senate, respectively, by such means as such officers deem practical and efficient. During any such period of suspension, the remainder of the schedule of legislative days provided by this resolution shall not apply, the General Assembly shall be in adjournment, and the General Assembly's next legislative day shall begin at the date and time jointly specified by such officers for reconvening the General Assembly. Following such reconvening, the General Assembly may adopt another joint resolution providing for a new schedule of legislative days and periods of adjournment. On the adoption of the resolution, there was no objection, and the resolution was adopted. Senator Cowsert of the 46th moved that SR 167 be immediately transmitted to the House. On the motion, there was no objection, and SR 167 was immediately transmitted. The following resolutions were read and adopted: SR 150. By Senators Tate of the 38th, Fort of the 39th, Sims of the 12th and James of the 35th: A RESOLUTION honoring the life and memory of Dr. Robert Threatt; and for other purposes. SR 151. By Senator Wilkinson of the 50th: A RESOLUTION commending Habersham County and recognizing February 18, 2015, as Habersham County Day at the State Capitol; and for other purposes. SR 152. By Senators Jeffares of the 17th, Jones of the 25th, Kennedy of the 18th, Mullis of the 53rd and Wilkinson of the 50th: A RESOLUTION recognizing February 18, 2015, as Family and Consumer Sciences Day in Georgia; and for other purposes. SR 153. By Senators Jeffares of the 17th, Jones of the 25th and Seay of the 34th: A RESOLUTION honoring the life and memory of James Cecil Germany, Jr.; and for other purposes. 148 JOURNAL OF THE SENATE SR 154. By Senators Beach of the 21st, Mullis of the 53rd, Shafer of the 48th, Cowsert of the 46th, Hill of the 4th and others: A RESOLUTION commending John Andrew Smoltz for his contributions to the State of Georgia and recognizing his outstanding achievements in the sport of baseball; and for other purposes. SR 157. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Cree Taylor upon being honored with the Girl Scout Gold Award; and for other purposes. SR 158. By Senator Gooch of the 51st: A RESOLUTION commending Piper Spraker upon being honored with the Girl Scout Bronze Award; and for other purposes. SR 160. By Senators Wilkinson of the 50th, Burke of the 11th, Tippins of the 37th, Harper of the 7th and Hill of the 32nd: A RESOLUTION recognizing February as Career and Technical Education Month and February 17, 2015, as Georgia Career and Technical Student Organizations Day at the state capitol; and for other purposes. SR 162. By Senators Mullis of the 53rd, Beach of the 21st, Millar of the 40th, Parent of the 42nd, Tate of the 38th and others: A RESOLUTION honoring the United States Youth Fly Fishing Team; and for other purposes. SR 164. By Senators Wilkinson of the 50th, Harper of the 7th, Burke of the 11th and Ginn of the 47th: A RESOLUTION commending the Georgia Young Farmers Association and recognizing February 25, 2015, as Young Farmers Day at the state capitol; and for other purposes SB 53 SENATE LEGISLATION TABLED MONDAY, FEBRUARY 9, 2015 TWELFTH LEGISLATIVE DAY Mental Health; authorizing licensed professional counselor to perform certain acts; revise sunset prov.; repeal in its entirety June 30, 2018 (H&HS-13th) MONDAY, FEBRUARY 9, 2015 149 Senator Kirk of the 13th moved that SB 53, having been placed on the Table on Wednesday, February 4, 2015, be taken from the Table. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort N Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler N Jackson, B Y Jackson, L N James Y Jeffares N Jones, B Y Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar N Miller Y Mullis N Orrock N Parent N Ramsey Y Rhett N Seay Y Shafer Sims N Stone N Tate Y Thompson, B N Thompson, C N Tippins Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 31, nays 21; the motion prevailed, SB 53 was taken from the Table and put upon its passage. SB 53. By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; 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: 150 JOURNAL OF THE SENATE Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 4. SB 53, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 10, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:43 p.m. TUESDAY, FEBRUARY 10, 2015 151 Senate Chamber, Atlanta, Georgia Tuesday, February 10, 2015 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 message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 167. By Senators Cowsert of the 46th, Shafer of the 48th, Henson of the 41st and Gooch of the 51st: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: 152 JOURNAL OF THE SENATE SB 92. By Senators Hill of the 6th, Williams of the 27th, Hufstetler of the 52nd, Thompson of the 5th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish an education savings account program; to provide for a short title; to provide for definitions; to provide for qualifications and requirements; to provide for management of accounts; to provide for participating schools; to provide for responsibilities of parents; to provide for duties of the Office of Student Achievement in administering the program; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 93. By Senator Burke of the 11th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 94. By Senators Bethel of the 54th and Cowsert of the 46th: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 177. By Senators James of the 35th, Seay of the 34th, Davenport of the 44th, Ramsey, Sr. of the 43rd, Rhett of the 33rd and others: A RESOLUTION encouraging the Capitol Arts Standards Commission to authorize the placement of a portrait of Mrs. Coretta Scott King on the second floor of the state capitol building alongside the portrait of Dr. Martin Luther King, Jr.; and for other purposes. Referred to the Committee on Rules. TUESDAY, FEBRUARY 10, 2015 153 The following House legislation was read the first time and referred to committee: HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. The following committee reports were read by the Secretary: Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 8 SB 79 SR 7 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 88 HB 101 HB 102 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman 154 JOURNAL OF THE SENATE The following legislation was read the second time: HB 75 Senator Albers of the 56th asked unanimous consent that Senator Thompson of the 14th be excused. The consent was granted, and Senator Thompson was excused. Senator Burke of the 11th asked unanimous consent that Senator Black of the 8th be excused. The consent was granted, and Senator Black was excused. Senator Wilkinson of the 50th asked unanimous consent that Senator Hufstetler of the 52nd be excused. The consent was granted, and Senator Hufstetler was excused. Senator Seay of the 34th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. The following Senators were excused for business outside the Senate Chamber: Tate of the 38th Tippins of the 37th The roll was called and the following Senators answered to their names: Albers Beach Bethel Burke Cowsert Crane Davenport Dugan Fort Ginn Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Jackson, B James Jeffares Jones, B Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Miller Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Black (Excused) Hufstetler (Excused) Millar Thompson, C. Butler Jackson, L. Tate (Excused) Tippins (Excused) Gooch Jones, E. (Excused) Thompson, B. (Excused) TUESDAY, FEBRUARY 10, 2015 155 The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Millar Tippins Thompson, C. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Beach of the 21st introduced the chaplain of the day, Dr. Don Martin of Alpharetta, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th introduced the doctor of the day, Dr. Elizabeth Morgan. Senator Unterman of the 45th recognized February 10, 2015, as Girl Scouts Day at the state capitol, commended by SR 19, adopted previously. Shelby White addressed the Senate briefly. Senator Jones of the 25th recognized February 10, 2015, as Georgia College Day at the state capitol and celebrated Georgia College & State University's Quasquicentennial, commended by SR 64, adopted previously. President Dr. Steven Dorman and Student Government President Juawn Jackson addressed the Senate briefly. Senator Wilkinson of the 50th honored the life and memory of Gary Chadwick Durrence, commended by SR 141, adopted previously. The following resolutions were read and adopted: SR 165. By Senator Miller of the 49th: A RESOLUTION recognizing and commending the Modern Topics Study Club on the occasion of its 100th anniversary; and for other purposes. SR 166. By Senator Kennedy of the 18th: A RESOLUTION commending Jada R. Gresham, a 12 year-old seventh grade honor student at Upson-Lee Middle School; and for other purposes. SR 168. By Senator Gooch of the 51st: A RESOLUTION commending Anastasia Davis upon being honored with the Girl Scout Bronze Award; and for other purposes. 156 JOURNAL OF THE SENATE SR 169. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia; and for other purposes. SR 170. By Senator Harbison of the 15th: A RESOLUTION commending Dr. Quesha Starks; and for other purposes. SR 171. By Senators Bethel of the 54th, Shafer of the 48th, Cowsert of the 46th, Parent of the 42nd, Miller of the 49th and others: A RESOLUTION recognizing and commending the State YMCA of Georgia and its Center for Civic Engagement and "Y" Club programs which sponsor Youth Assembly among other programs that cultivate youth civic engagement; and for other purposes. SR 172. By Senators Jackson of the 2nd, Watson of the 1st, Jones of the 10th and Jones II of the 22nd: A RESOLUTION recognizing Chief Joseph H. "Jack" Lumpkin, Sr., as GACP'S Chief of the Year; and for other purposes. SR 173. By Senators Jackson of the 2nd, Watson of the 1st, Jones of the 10th, Ramsey, Sr. of the 43rd and Jones II of the 22nd: A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and recognizing February 19, 2015, as Alpha Phi Alpha Day at the state capitol; and for other purposes. SR 174. By Senators Davenport of the 44th, Seay of the 34th, Jones of the 10th, Jeffares of the 17th, Fort of the 39th and others: A RESOLUTION commending Clayton State University and recognizing February 18, 2015, as Clayton State University Day at the state capitol; and for other purposes. SR 175. By Senators Seay of the 34th, Davenport of the 44th, Tate of the 38th, Butler of the 55th and Henson of the 41st: A RESOLUTION commending Hang Tran and congratulating her on her election to the Morrow City Council; and for other purposes. TUESDAY, FEBRUARY 10, 2015 157 SR 176. By Senator Unterman of the 45th: A RESOLUTION recognizing February 12, 2015, as Domestic Minor Sex Trafficking Awareness Day at the state capitol; and for other purposes. SR 178. By Senators James of the 35th, Davenport of the 44th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Seay of the 34th and others: A RESOLUTION honoring the life and memory of Anna Peterson; and for other purposes. SR 179. By Senators Seay of the 34th, Davenport of the 44th, Tate of the 38th, Butler of the 55th and Henson of the 41st: A RESOLUTION recognizing and honoring February 12, 2015, as Cambodian-American Heritage Day at the state capitol; and for other purposes. SR 180. By Senators Seay of the 34th, Davenport of the 44th, Tate of the 38th, Butler of the 55th and Henson of the 41st: A RESOLUTION commending Mr. Miguel Southwell and the employees of Hartsfield-Jackson Atlanta International Airport and recognizing February 12, 2015, as Aviation Day at the state capitol; and other purposes. SR 181. By Senators Tolleson of the 20th and Harper of the 7th: A RESOLUTION recognizing and commending the Coffee-Atkinson Forestry Unit upon being named the Georgia Forestry Commission 2014 Southern Unit of the Year; and for other purposes. SR 182. By Senators James of the 35th, Davenport of the 44th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Seay of the 34th and others: A RESOLUTION commending Charlene Coburn for a lifetime of outstanding achievements; and for other purposes. SR 183. By Senators James of the 35th, Davenport of the 44th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Seay of the 34th and others: A RESOLUTION honoring the life and memory of Angeline Jennifer Louise Thornton Portis; and for other purposes. 158 JOURNAL OF THE SENATE SR 184. By Senators Cowsert of the 46th, Ginn of the 47th, Harper of the 7th, Unterman of the 45th, Bethel of the 54th and others: A RESOLUTION recognizing February 19, 2015, as University of Georgia Day at the state capitol and congratulating the University of Georgia on its 230th anniversary of becoming the first state-chartered institution in the United States of America; 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 10, 2015 Thirteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 88 Stone of the 23rd CITY OF STAPLETON A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 101 Harbison of the 15th SCHLEY COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 102 Harbison of the 15th PROBATE COURT OF SCHLEY COUNTY A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the TUESDAY, FEBRUARY 10, 2015 159 Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate 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 Beach Y Bethel E Black Y Burke Y Butler Cowsert Y Crane Y Davenport Dugan Fort Y Ginn Y Gooch Y Harbin 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 E Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 46, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: February 10, 2015 Due to business outside the Senate Chamber, I missed the vote on the Local Consent Calendar. Had I been present, I would have voted "yes". /s/ Donzella J. James District 35 160 JOURNAL OF THE SENATE SENATE RULES CALENDAR TUESDAY, FEBRUARY 10, 2015 THIRTEENTH LEGISLATIVE DAY SB 3 'Supporting and Strengthening Families Act'; power of attorney from parent to another person; care of minor child; provide for (Substitute) (H&HS-45th) SB 5 Georgia Ports Authority; provide for powers; acceptance of loans/grants from United States upon certain terms and conditions (Substitute) (ED&T-46th) 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 3. By Senators Unterman of the 45th, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to another person for the temporary delegation of certain power and authority for the care of a minor child; to provide a short title; to provide for definitions; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 3: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to another person for the temporary delegation of certain power and authority for the care of a minor child; to provide a short title; to provide for definitions; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 10, 2015 161 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds that: (1) From time to time, parents experience short-term difficulties that impair their ability to perform the regular and expected functions to provide care and support to their minor children; (2) Parents need a means to confer to another person the temporary authority to act on behalf of children without the time and expense of a court proceeding or the involvement of the Division of Family and Children Services of the Department of Human Services; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability. SECTION 2. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows: "ARTICLE 5 19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.' 19-9-141. As used in this article, the term: (1) 'Child' means the minor child of a parent. (2) 'Legal custodian' shall have the same meaning as provided in paragraph (2) of Code Section 19-9-22. (3) 'Parent' shall have the same meaning as provided in paragraph (2) of subsection (a) of Code Section 19-3-37. Such term used in the singular shall mean both parents if both parents share joint legal custody of the child, unless otherwise clearly indicated. (4) 'School' means: (A) Any county or independent school system as defined in Code Section 20-1-9; (B) Any private school as such term is defined in subsection (b) of Code Section 20-2-690; (C) A home study program meeting the requirements set forth in subsection (c) of Code Section 20-2-690; (D) Pre-kindergarten programs; or (E) Early care and education programs as such term is defined in paragraph (5) of Code Section 20-1A-2. 162 JOURNAL OF THE SENATE 19-9-142. (a) A parent or legal custodian of a child, by a properly executed power of attorney provided in Code Section 19-9-149, may delegate to any adult residing in this state caregiving authority regarding the child for a period not to exceed one year, except as provided in Code Section 19-9-148. The parent or legal custodian may delegate to the attorney-in-fact any power and authority regarding the care and custody of the child, except the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. Such power and authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a child in a form substantially complying with the provisions of this article. A delegation of power and authority under this Code section shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive the parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child. (b) Except where limited by federal law, this Code section, or the wishes of the parent as expressed in the power of attorney, the attorney-in-fact shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent pursuant to the laws of this state. (c) The attorney-in-fact under a power of attorney for the care of a child shall act in the best interest of the child. Such attorney-in-fact shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interest of the child. (d)(1) The attorney-in-fact shall have the right to enroll the child in a public school serving the area where the attorney-in-fact resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) The public school shall allow such attorney-in-fact with a properly executed power of attorney for the care of a child to enroll the child. (3) At the time of enrollment, the attorney-in-fact shall provide to the school such residency documentation as is customary in that school district. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child under this Code section, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. 19-9-142.1. In the event a child under this article has previously been in the care of the Division of Family and Children Services of the Department of Human Services, the division shall be notified of the power of attorney to delegate parental or legal custodian power and authority entered into under this article concerning such child. TUESDAY, FEBRUARY 10, 2015 163 19-9-142.2. (a) In the event a child under this article has a parent who is not a legal custodian of such child, such parent shall be placed on written notice by the legal custodian 30 days prior to the execution of a power of attorney under this article and such notice shall be sent by certified mail. (b) In addition to the notice provided in subsection (a) of this Code section, a legal custodian executing a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (c) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order pursuant to subsection (f) of Code Section 19-9-3. 19-9-143. Nothing in this article shall preclude a parent or attorney-in-fact from granting temporary written permission to seek emergency medical treatment or other services for a child while in the custody of an adult who is not the parent or attorney-in-fact and who is temporarily supervising the child at the request of the parent or attorney-in-fact. 19-9-144. (a) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq., and Section 7801, et seq., a parent executing the power of attorney for the care of a child shall certify that such action is not for the primary purpose of enrolling the child in a school for the sole purpose of participating in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with Georgia law and may require, in addition to any other remedies, repayment by such parent of all costs incurred by the school as a result of the violation. (b) The power of attorney for the care of a child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. 19-9-145. (a) The parent or legal custodian of the child shall have the authority to revoke or withdraw the power of attorney authorized by Code Section 19-9-142 at any time. Except as provided in Code Section 19-9-148, if the delegation of power and authority lasts longer than one year, the parent or legal custodian of the child shall execute a new power of attorney for each additional year that the delegation exists. If a parent withdraws or revokes the power of attorney, the child shall be returned to the custody of the parent as soon as reasonably possible. (b) Unless the authority is revoked or withdrawn by the parent, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized by Code Section 19-9-142 and shall not be subject to any provision concerning the licensing or regulation of foster care homes. 164 JOURNAL OF THE SENATE 19-9-146. The execution of a power of attorney by a parent or legal custodian, as authorized in Code Section 19-9-142, shall not constitute abandonment under Code Section 19-10-1 nor constitute abuse or neglect under Code Section 19-7-5 unless the parent or legal custodian fails to take custody of the child or execute a new power of attorney after the one-year time limit under Code Section 19-9-142 has elapsed. 19-9-147. (a) Under a delegation of power and authority as authorized by Code Section 19-9-142, the child subject to the power of attorney shall not be considered placed in foster care as defined in any other provision, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) Any attorney-in-fact who has been delegated power and authority under Code Section 19-9-142 by a parent or legal custodian shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement under this title. 19-9-148. A parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate the power and authority authorized by Code Section 19-9-142 for a period longer than one year if such parent is on active duty service. The term of delegation, however, may not exceed the term of active duty service plus 30 days. 19-9-149. (a) The statutory power of attorney contained in this Code section may be used for the temporary delegation of parental power and authority to an attorney-in-fact. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a child that substantially complies with this article. (b) A power of attorney shall be legally sufficient under this Code section if the wording of the form complies substantially with the provisions of this Code section, the form is properly completed, and the signatures of the parties are acknowledged. (c) The power of attorney for the care of a child shall be in substantially the following form: 'Statutory Form for Power of Attorney to Delegate Parental or Legal Custodian Power and Authority TUESDAY, FEBRUARY 10, 2015 165 1. I certify that I am the parent or legal custodian of: ______________________________ ___________________ (Full name of minor child) (Date of birth) 2. I designate _________________________ (full name of attorney-in-fact), ____________________________________________________________________ (street address, city, state, and ZIP Code of attorney-in-fact) ____________________________________________________________________, (home and work phone numbers of attorney-in-fact) as the attorney-in-fact of the minor child named above. 3. I delegate to the attorney-in-fact all my power and authority regarding the care, custody, and property of the minor child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. OR 4. I delegate to the attorney-in-fact the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. 5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time. OR 6. I am a serving parent as defined by Code Section 19-9-148 of the Official Code of Georgia Annotated. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no 166 JOURNAL OF THE SENATE event shall this delegation of power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. 7. Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq., and Section 7801, et seq., I hereby certify that this power of attorney is not executed for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. By: ______________________________________________ (Parent or legal custodian signature) 8. I hereby accept my designation as attorney-in-fact for the minor child specified in this power of attorney. __________________________________________________ (Attorney-in-fact signature) State of Georgia County of _______________________ ACKNOWLEDGMENT Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent or legal custodian) and ______________________ (name of attorneyin-fact), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written. __________________________________________________ (Notary public signature) (Seal) My commission expires: _____________________'" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Shafer of the 48th and Unterman of the 45th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 3(LC 37 1898ERS) by deleting lines 77 through 81. TUESDAY, FEBRUARY 10, 2015 167 By deleting lines 106 and 107 and inserting in lieu thereof the following: (b) A parent shall not execute a power of attorney for the care of a minor child for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the parent, the child, or another child of the parent. (c) The power of attorney for the care of a child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. On the adoption of the amendment, there were no objections, and the Shafer, Unterman amendment #1 to the committee substitute was adopted. Senators Shafer of the 48th and Unterman of the 45th offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to SB 3 (LC 37 1898ERS) by inserting at the end of line 194 the following: I reserve the right to revoke this power and authority at any time. On the adoption of the amendment, there were no objections, and the Shafer, Unterman 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn 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 Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate E Thompson, B N Thompson, C Y Tippins 168 JOURNAL OF THE SENATE Y Gooch N Harbin Y Harbison Y Harper N Heath N Henson Y Hill, H Y Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 43, nays 10. SB 3, having received the requisite constitutional majority, was passed by substitute. SB 5. By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Economic Development and Tourism offered the following substitute to SB 5: A BILL TO BE ENTITLED AN ACT To amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act is enacted pursuant to Article III, Section VI, Paragraph II(a)(3) of the Constitution of Georgia. SECTION 2. Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, is amended by revising paragraph (7) as follows: "(7) To accept loans and grants, either or both, of money or materials or property of TUESDAY, FEBRUARY 10, 2015 169 any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose and to comply with such terms and conditions; including but not limited to the power to provide indemnification on behalf of the authority or any other agency or instrumentality of the state if such other agency or instrumentality be an equal participant with the authority as a non-federal sponsor of a congressionally authorized civil works project for the benefit of the United States of America or any agency or instrumentality thereof, which power has existed since the creation of the authority;" 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 170 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 53, nays 0. SB 5, having received the requisite constitutional majority, was passed by substitute. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 11, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:37 a.m. WEDNESDAY, FEBRUARY 11, 2015 171 Senate Chamber, Atlanta, Georgia Wednesday, February 11, 2015 Fourteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 181. By Representative Bentley of the 139th: A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 187. By Representatives Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; to repeal conflicting laws; and for other purposes. 172 JOURNAL OF THE SENATE HB 188. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 189. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 203. By Representatives Williams of the 119th and Quick of the 117th: A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 7. By Senator Thompson of the 5th: 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 repeal provisions relating to use of marijuana for treatment of cancer and glaucoma and provide for medical use of marijuana; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. WEDNESDAY, FEBRUARY 11, 2015 173 SB 95. By Senators Williams of the 27th, Martin of the 9th, Gooch of the 51st, Albers of the 56th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banking and Financial Institutions. SB 96. By Senator Tate of the 38th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 97. By Senators Albers of the 56th, Thompson of the 14th, Hill of the 6th, Unterman of the 45th and Heath of the 31st: 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 modify certain provisions relating to tax executions; to require due diligence in notifying taxpayers that taxes have not been paid and that an execution shall be issued; to provide a definition; to change the timing of the sale of tax executions; to repeal the fee collected for issuing tax executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SB 98. By Senators Kennedy of the 18th, Bethel of the 54th, Jones of the 25th, Williams of the 27th, Harbin of the 16th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for civil practice and procedure generally, so as to change provisions relating to reversal 174 JOURNAL OF THE SENATE on appeal when a judge expresses an opinion regarding proof in a civil case; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 99. By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. WEDNESDAY, FEBRUARY 11, 2015 175 SB 102. By Senators McKoon of the 29th, Gooch of the 51st, Thompson of the 5th, Millar of the 40th, Martin of the 9th and others: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise the dates for primaries and elections and runoffs resulting therefrom; to revise times for qualifying for office; to revise the time for calling certain special elections; to provide definitions; to provide that electors who are eligible to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, as amended, shall vote by instant run-off ballot; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. The following House legislation was read the first time and referred to committee: HB 181. By Representative Bentley of the 139th: A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 187. By Representatives Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 188. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 176 JOURNAL OF THE SENATE 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 189. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 203. By Representatives Williams of the 119th and Quick of the 117th: A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Economic Development and Tourism has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 4 SB 59 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Ginn of the 47th District, Chairman WEDNESDAY, FEBRUARY 11, 2015 177 Mr. President: The Committee on Higher Education has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 18 SB 58 Do Pass by substitute Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 65 Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Natural Resources and the Environment 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 Tolleson of the 20th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 125 SB 75 SB 84 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman 178 JOURNAL OF THE SENATE The following legislation was read the second time: SB 8 SB 79 SR 7 Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. Senator 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 James of the 35th asked unanimous consent that Senator Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. 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 Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Miller Mullis Orrock Parent Rhett Seay Shafer Sims Stone Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Harbison (Excused) Ramsey (Excused) Jones, B. Tate (Excused) Lucas (Excused) Thompson, C. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. WEDNESDAY, FEBRUARY 11, 2015 179 Senator Martin of the 9th introduced the chaplain of the day, The Most Reverend Dr. Foley Beach of Loganville, Georgia, who offered scripture reading and prayer. Senator Kirk of the 13th recognized the annual Cordele-Crisp County Fish Fry and commending Mr. Clark Henderson, Mr. Bub Denham, Mr. Briley Edwards, Mrs. Kimberly Reid, Mr. Zack Wade, and the Cordele-Crisp County Fish Fry cooking team, commended by SR 140, adopted previously. Mr. Bub Denham addressed the Senate briefly. Senator Martin of the 9th introduced the doctor of the day, Dr. Snehal C. Dalal. The following resolution was read and adopted: SR 191. By Senator Sims of the 12th: A RESOLUTION commending Fort Valley State University, recognizing February 11, 2015, as Fort Valley State University Day at the state capitol; and for other purposes. Senator Sims of the 12th spoke to the resolution honoring Fort Valley State University. Student Government President Ariel Hill addressed the Senate briefly. Senator Jones of the 25th recognized February 11, 2015, as Jackson-Butts County Day at the state capitol, commended by SR 107, adopted previously. Mayor Kay Pippin addressed the Senate briefly. The following resolutions were read and adopted: SR 185. By Senators Hill of the 6th, Wilkinson of the 50th, Dugan of the 30th, Sims of the 12th, Hill of the 32nd and others: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Military Youth of the Year; and for other purposes. SR 186. By Senators Hill of the 6th, Wilkinson of the 50th, Dugan of the 30th, Sims of the 12th, Hill of the 32nd and others: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Youth of the Year; and for other purposes. 180 JOURNAL OF THE SENATE SR 187. By Senators Shafer of the 48th, Unterman of the 45th, Martin of the 9th, Henson of the 41st, Butler of the 55th and others: A RESOLUTION commending Georgia Gwinnett College for its commitment to educational excellence and for its rapid expansion; and for other purposes. SR 188. By Senators Burke of the 11th, Jeffares of the 17th, Harper of the 7th, Jones of the 25th, Stone of the 23rd and others: A RESOLUTION recognizing and commending Miss Georgia 2014, Maggie Bridges, for her leadership and dedication to public service to the State of Georgia; and for other purposes. SR 189. By Senators Fort of the 39th, Orrock of the 36th and Tate of the 38th: A RESOLUTION commending Atlanta Metropolitan State College and recognizing March 18, 2015, as Atlanta Metropolitan State College Day at the capitol; and for other purposes SR 190. By Senators Wilkinson of the 50th, Harper of the 7th, Ginn of the 47th, Orrock of the 36th and Jackson of the 2nd: A RESOLUTION recognizing and commending the Georgia Green Industry Association; and for other purposes. SR 192. By Senator Sims of the 12th: A RESOLUTION commending Staff Sergeant LaDell Gilbert for his outstanding military service; and for other purposes. SR 193. By Senator Sims of the 12th: A RESOLUTION commending the Randolph Historical Society and the Historic Chattahoochee Commission; and for other purposes. SR 194. By Senator Sims of the 12th: A RESOLUTION recognizing February 26, 2015, as Albany-Dougherty County Day at the capitol and commending the Albany Area Chamber of Commerce; and for other purposes. WEDNESDAY, FEBRUARY 11, 2015 181 Senator Hufstetler of the 52nd asked unanimous consent that the following bill be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary: SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 64 was committed to the Senate Committee on Special Judiciary. Senator Thompson of the 5th 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 11, 2015 Fourteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 75 Jones of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; to repeal conflicting laws; and for other purposes SB 84 Jackson of the 2nd Watson of the 1st CITY OF TYBEE ISLAND A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of 182 JOURNAL OF THE SENATE determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; 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 125 Jones of the 25th CITY OF RUTLEDGE A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon E Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T WEDNESDAY, FEBRUARY 11, 2015 183 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 WEDNESDAY, FEBRUARY 11, 2015 FOURTEENTH LEGISLATIVE DAY HB 75 Supplemental appropriations; State Fiscal Year July 1, 2014 - June 30, 2015 (Substitute)(APPROP-4th) Ralston-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: HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 4th. 184 JOURNAL OF THE SENATE SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 75 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at Page 1 of 139), is amended by striking everything following the Part I designation up to but not including the Part II designation and by substituting in lieu thereof the following: "The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, as prescribed hereinafter for such fiscal year: HB 75 (FY 2015A) 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 $21,112,906,096 $21,112,906,096 $21,112,906,096 $18,402,426,735 $18,402,426,735 $18,402,426,735 $191,678,066 $191,678,066 $191,678,066 $997,332,591 $997,332,591 $997,332,591 $947,948,052 $947,948,052 $947,948,052 $142,366,772 $142,366,772 $142,366,772 $1,784,064 $1,784,064 $1,784,064 $167,969,114 $167,969,114 $167,969,114 WEDNESDAY, FEBRUARY 11, 2015 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 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 TANF Transfers to Social Services Block Grant per 42 USC 604 FFIND Temp. Assistance for Needy Families CFDA93.558 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 185 $261,400,702 $261,400,702 $261,400,702 $12,898,352,444 $12,898,249,714 $12,898,301,079 $3,804,646,238 $3,804,646,238 $3,804,646,238 $101,640,586 $101,640,586 $101,640,586 $1,166,080 $1,166,080 $1,166,080 $109,580,578 $109,580,578 $109,580,578 $12,821,448 $12,821,448 $12,821,448 $14,163,709 $14,163,709 $14,163,709 $16,526,699 $16,526,699 $16,526,699 $1,526,296,548 $1,526,296,548 $1,526,296,548 $84,525,955 $84,525,955 $84,525,955 $55,866,874 $55,866,874 $55,866,874 $16,884,236 $16,884,236 $16,884,236 $6,314,854,292 $6,314,751,562 $6,314,802,927 $47,733,582 $47,733,582 $47,733,582 $2,403,579 $2,403,579 $2,403,579 $52,778,456 $52,778,456 $52,778,456 $40,481,142 $40,481,142 $40,481,142 $303,291,532 $303,291,532 $303,291,532 $369,725,981 $369,725,981 $369,725,981 $364,475,981 $364,475,981 $364,475,981 $5,250,000 $5,250,000 $5,250,000 $22,964,929 $22,964,929 $22,964,929 $5,804,558,980 $5,804,558,980 $5,804,558,980 $7,193,907 $7,193,907 $7,193,907 $7,193,907 $7,193,907 $7,193,907 $3,396,620 $3,396,620 $3,396,620 $3,396,620 $3,396,620 $3,396,620 $4,402,800 $4,402,800 $4,402,800 $4,402,800 $4,402,800 $4,402,800 $2,448,882,706 $2,448,882,706 $2,448,882,706 $214,057,828 $214,057,828 $214,057,828 $2,012,046,274 $2,012,046,274 $2,012,046,274 186 JOURNAL OF THE SENATE 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 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 Medical Assistance Program CFDA93.778 Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $222,778,604 $222,778,604 $222,778,604 $263,611,746 $263,611,746 $263,611,746 $263,611,746 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $1,581,839 $1,581,839 $1,581,839 $1,581,839 $3,071,221,673 $3,071,221,673 $3,071,221,673 $592,381 $592,381 $592,381 $985,223,309 $985,223,309 $985,223,309 $2,085,405,983 $2,085,405,983 $2,085,405,983 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $3,672,227,223 $3,672,227,223 $3,672,227,223 $3,666,164,778 $3,666,164,778 $3,666,164,778 $68,956,023 $68,956,023 $68,956,023 $17,142,369 $17,142,369 $17,142,369 $8,391,947 $8,391,947 $8,391,947 $3,091,230,681 $3,091,230,681 $3,091,230,681 $33,927,991 $33,927,991 $33,927,991 $9,808,379 $9,808,379 $9,808,379 $280,857,262 $280,857,262 $280,857,262 $54,080,379 $54,080,379 $54,080,379 $12,666,404 $12,666,404 $12,666,404 $89,103,343 $89,103,343 $89,103,343 $1,079,572 $1,079,572 $1,079,572 $1,079,572 $1,079,572 $1,079,572 $2,569,120 $2,569,120 $2,569,120 $2,217,962 $2,217,962 $2,217,962 $351,158 $351,158 $351,158 $2,413,753 $2,413,753 $2,413,753 $2,223,236 $2,223,236 $2,223,236 $190,517 $190,517 $190,517 $39,815,817,520 $39,815,714,790 $39,815,766,155 WEDNESDAY, FEBRUARY 11, 2015 187 Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 Health Insurance Payments TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $276,161,476 $95,607,230 $191,678,066 ($8,424,943) ($95,058) $212,713 ($2,816,532) $46,013,262 ($522,633) $6,614,603 $55,750,965 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402 $942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,179,839 $276,161,476 $95,607,230 $191,678,066 ($8,424,943) ($95,058) $212,713 ($2,816,532) $45,910,532 ($522,633) $6,614,603 $55,648,235 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402 $942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,077,109 $276,161,476 $95,607,230 $191,678,066 ($8,424,943) ($95,058) $212,713 ($2,816,532) $45,961,897 ($522,633) $6,614,603 $55,699,600 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402 $942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,128,474 Section Total - Continuation $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 188 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC 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 Section Total - Final $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 Continuation Budget $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 Appropriation (HB 75) $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 Continuation Budget $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 Appropriation (HB 75) $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 Continuation Budget $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 WEDNESDAY, FEBRUARY 11, 2015 189 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,115,031 $7,115,031 $7,115,031 Appropriation (HB 75) $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 4.100 -Senate Budget and Evaluation Office Appropriation (HB 75) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,067,135 $1,067,135 $1,067,135 State General Funds $1,067,135 $1,067,135 $1,067,135 TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,067,135 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 190 JOURNAL OF THE SENATE 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,705,323 $18,705,323 $18,705,323 Appropriation (HB 75) $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 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 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $5,734,042 State General Funds $5,734,042 TOTAL PUBLIC FUNDS $5,734,042 Appropriation (HB 75) $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 Legislative Fiscal Office Continuation Budget The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. WEDNESDAY, FEBRUARY 11, 2015 191 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 7.100-Legislative Fiscal Office Appropriation (HB 75) 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 $1,273,514 $1,273,514 $1,273,514 State General Funds $1,273,514 $1,273,514 $1,273,514 TOTAL PUBLIC FUNDS $1,273,514 $1,273,514 $1,273,514 Office of Legislative Counsel Continuation Budget The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 8.100 -Office of Legislative Counsel Appropriation (HB 75) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,036,309 $3,036,309 $3,036,309 State General Funds $3,036,309 $3,036,309 $3,036,309 TOTAL PUBLIC FUNDS $3,036,309 $3,036,309 $3,036,309 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 $33,450,200 $33,450,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $34,090,200 $34,090,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 192 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 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 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 9.1 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and the Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel. State General Funds ($731,579) ($731,579) ($731,579) 9.100 -Audit and Assurance Services Appropriation (HB 75) 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 WEDNESDAY, FEBRUARY 11, 2015 193 of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $28,509,900 $28,509,900 $28,509,900 State General Funds $28,509,900 $28,509,900 $28,509,900 TOTAL AGENCY FUNDS $640,000 $640,000 $640,000 Intergovernmental Transfers $640,000 $640,000 $640,000 Intergovernmental Transfers Not Itemized $640,000 $640,000 $640,000 TOTAL PUBLIC FUNDS $29,149,900 $29,149,900 $29,149,900 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 10.1 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel. State General Funds $578,910 $578,910 $578,910 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $2,320,999 State General Funds $2,320,999 TOTAL PUBLIC FUNDS $2,320,999 Appropriation (HB 75) $2,320,999 $2,320,999 $2,320,999 $2,320,999 $2,320,999 $2,320,999 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 $20,000 194 JOURNAL OF THE SENATE 11.100-Immigration Enforcement Review Board Appropriation (HB 75) 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 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 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 12.100 -Legislative Services Appropriation (HB 75) 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 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 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. WEDNESDAY, FEBRUARY 11, 2015 195 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 13.1 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest program for personnel. State General Funds $152,669 $152,669 $152,669 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 75) 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 $2,347,429 $2,347,429 $2,347,429 State General Funds $2,347,429 $2,347,429 $2,347,429 TOTAL PUBLIC FUNDS $2,347,429 $2,347,429 $2,347,429 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $15,035,519 $15,035,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $15,185,519 $15,185,519 Section Total - Final $15,116,609 $15,116,609 $150,000 $150,000 $150,000 $15,266,609 $15,042,269 $15,042,269 $150,000 $150,000 $150,000 $15,192,269 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,079,566 $15,079,566 $150,000 $150,000 $150,000 $15,229,566 196 JOURNAL OF THE SENATE 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 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 14.1 Increase funds for personnel for one vacant full-time central staff attorney position. State General Funds $37,297 $0 $37,297 14.2 Increase funds for personnel for one vacant full-time fiscal office position. State General Funds $17,043 $0 $0 14.3 Increase funds for information technology to provide for increased costs of software maintenance for the docket system. State General Funds $6,750 $6,750 $6,750 14.4 Increase funds for trial court records maintenance. State General Funds $10,000 $0 $0 14.5 Increase funds for six hours of continued legal education training for staff attorneys. State General Funds $10,000 $0 $0 14.100 -Court of Appeals Appropriation (HB 75) 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 $15,116,609 $15,042,269 $15,079,566 WEDNESDAY, FEBRUARY 11, 2015 197 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,116,609 $150,000 $150,000 $150,000 $15,266,609 $15,042,269 $150,000 $150,000 $150,000 $15,192,269 $15,079,566 $150,000 $150,000 $150,000 $15,229,566 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $13,461,113 $13,461,113 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $17,159,046 $17,159,046 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,159,046 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $13,666,595 $13,666,595 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,364,528 $13,666,595 $13,666,595 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,364,528 $13,620,400 $13,620,400 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,318,333 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. 198 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 15.100 -Accountability Courts Appropriation (HB 75) 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 $438,057 $438,057 $438,057 State General Funds $438,057 $438,057 $438,057 TOTAL PUBLIC FUNDS $438,057 $438,057 $438,057 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 75) 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 WEDNESDAY, FEBRUARY 11, 2015 199 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 17.100 -Institute of Continuing Judicial Education Appropriation (HB 75) 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 $471,789 $471,789 $471,789 State General Funds $471,789 $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 $1,174,992 $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 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. 200 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 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court Judges. State General Funds $117,265 $117,265 $117,265 18.2 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register and regulate misdemeanor probation providers. (S:Increase funds for personnel for one new compliance monitor position and operations to effectively and efficiently register and regulate misdemeanor probation providers) State General Funds $88,217 $88,217 $42,022 18.100 -Judicial Council Appropriation (HB 75) 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 $11,429,043 $11,429,043 $11,382,848 State General Funds $11,429,043 $11,429,043 $11,382,848 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 $14,250,883 $14,250,883 $14,204,688 WEDNESDAY, FEBRUARY 11, 2015 201 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 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 19.100-Judicial Qualifications Commission Appropriation (HB 75) 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 $527,706 $527,706 $527,706 State General Funds $527,706 $527,706 $527,706 TOTAL PUBLIC FUNDS $527,706 $527,706 $527,706 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 75) 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 $800,000 202 JOURNAL OF THE SENATE Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,029,264 $7,029,264 $7,029,264 $7,029,264 $447,456 $447,456 $447,456 $447,456 $7,476,720 $7,476,720 Section Total - Final $7,225,812 $7,225,812 $447,456 $447,456 $7,673,268 $7,225,812 $7,225,812 $447,456 $447,456 $7,673,268 $7,029,264 $7,029,264 $447,456 $447,456 $7,476,720 $7,225,812 $7,225,812 $447,456 $447,456 $7,673,268 Council of Juvenile Court Judges Continuation Budget The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,493,806 $1,493,806 $1,493,806 State General Funds $1,493,806 $1,493,806 $1,493,806 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,941,262 $1,941,262 $1,941,262 21.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,639 $27,639 $27,639 21.100 -Council of Juvenile Court Judges Appropriation (HB 75) 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 $1,521,445 $1,521,445 $1,521,445 State General Funds $1,521,445 $1,521,445 $1,521,445 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,968,901 $1,968,901 $1,968,901 WEDNESDAY, FEBRUARY 11, 2015 203 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 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 22.1 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015. State General Funds $10,625 $10,625 $10,625 22.2 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System. State General Funds $158,284 $158,284 $158,284 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 75) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,704,367 $5,704,367 $5,704,367 State General Funds $5,704,367 $5,704,367 $5,704,367 TOTAL PUBLIC FUNDS $5,704,367 $5,704,367 $5,704,367 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 $67,200,857 $67,200,857 $67,200,857 $67,200,857 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $69,002,984 $69,002,984 $67,200,857 $67,200,857 $1,802,127 $1,802,127 $1,802,127 $69,002,984 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Final $67,415,096 $67,415,096 $1,802,127 $1,802,127 $67,207,045 $67,207,045 $1,802,127 $1,802,127 $67,207,045 $67,207,045 $1,802,127 $1,802,127 204 JOURNAL OF THE SENATE Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,802,127 $69,217,223 $1,802,127 $69,009,172 $1,802,127 $69,009,172 Council of Superior Court Clerks Continuation Budget The purpose of this appropriation is to assist superior court clerks throughout the state in the execution of their duties and to promote and assist in the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 23.100 -Council of Superior Court Clerks Appropriation (HB 75) 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 $185,580 $185,580 $185,580 State General Funds $185,580 $185,580 $185,580 TOTAL PUBLIC FUNDS $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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 24.1 Increase funds for district attorney court travel and training. State General Funds $208,051 $0 $0 WEDNESDAY, FEBRUARY 11, 2015 205 24.100 -District Attorneys Appropriation (HB 75) 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 $60,880,714 $60,672,663 $60,672,663 State General Funds $60,880,714 $60,672,663 $60,672,663 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 $62,682,841 $62,474,790 $62,474,790 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 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 25.1 Increase funds to reflect an adjustment for risk premiums. State General Funds $6,188 $6,188 $6,188 25.100 -Prosecuting Attorneys' Council Appropriation (HB 75) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,348,802 $6,348,802 $6,348,802 $6,348,802 $6,348,802 $6,348,802 $6,348,802 $6,348,802 $6,348,802 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds Section Total - Continuation $64,909,147 $64,909,147 $64,909,147 $64,909,147 $64,909,147 $64,909,147 206 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $137,000 $87,000 $87,000 $50,000 $50,000 $65,046,147 $137,000 $87,000 $87,000 $50,000 $50,000 $65,046,147 $137,000 $87,000 $87,000 $50,000 $50,000 $65,046,147 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 Section Total - Final $65,031,227 $65,031,227 $137,000 $87,000 $87,000 $50,000 $50,000 $65,168,227 $64,878,897 $64,878,897 $137,000 $87,000 $87,000 $50,000 $50,000 $65,015,897 $64,878,897 $64,878,897 $137,000 $87,000 $87,000 $50,000 $50,000 $65,015,897 Council of Superior Court Judges Continuation Budget The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. TOTAL STATE FUNDS $1,353,844 $1,353,844 $1,353,844 State General Funds $1,353,844 $1,353,844 $1,353,844 TOTAL AGENCY FUNDS $35,000 $35,000 $35,000 Sales and Services $35,000 $35,000 $35,000 Sales and Services Not Itemized $35,000 $35,000 $35,000 TOTAL PUBLIC FUNDS $1,388,844 $1,388,844 $1,388,844 26.100 -Council of Superior Court Judges Appropriation (HB 75) 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 $1,353,844 $1,353,844 $1,353,844 WEDNESDAY, FEBRUARY 11, 2015 207 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 Judicial Administrative Districts Continuation Budget The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,500,166 State General Funds $2,500,166 TOTAL AGENCY FUNDS $87,000 Intergovernmental Transfers $87,000 Intergovernmental Transfers Not Itemized $87,000 TOTAL PUBLIC FUNDS $2,587,166 27.1 Increase funds for personnel to restore three furlough days remaining in the base budget. State General Funds $18,051 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $0 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $0 27.2 Increase funds for operations to restore a portion of operating expenses that have been reduced in prior years as a result of budget reductions. State General Funds $50,000 $0 $0 27.100 -Judicial Administrative Districts Appropriation (HB 75) 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 $2,568,217 $2,500,166 $2,500,166 State General Funds $2,568,217 $2,500,166 $2,500,166 TOTAL AGENCY FUNDS $87,000 $87,000 $87,000 Intergovernmental Transfers $87,000 $87,000 $87,000 Intergovernmental Transfers Not Itemized $87,000 $87,000 $87,000 TOTAL PUBLIC FUNDS $2,655,217 $2,587,166 $2,587,166 208 JOURNAL OF THE SENATE Superior Court Judges Continuation Budget The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 28.1 Increase funds for personnel to restore one and a half furlough days remaining in the base budget. State General Funds $84,279 $0 $0 28.2 Eliminate funds for the initial equipment set-up for the Chattahoochee and Oconee judgeships created in HB451 (2013 Session). State General Funds ($30,250) ($30,250) ($30,250) 28.100 -Superior Court Judges Appropriation (HB 75) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,109,166 $61,109,166 $15,000 $15,000 $15,000 $61,124,166 $61,024,887 $61,024,887 $15,000 $15,000 $15,000 $61,039,887 $61,024,887 $61,024,887 $15,000 $15,000 $15,000 $61,039,887 WEDNESDAY, FEBRUARY 11, 2015 209 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 $10,248,025 $10,248,025 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $10,321,349 $10,321,349 $1,859,823 $1,859,823 $1,859,823 $12,181,172 $10,321,349 $10,321,349 $1,859,823 $1,859,823 $1,859,823 $12,181,172 $10,321,349 $10,321,349 $1,859,823 $1,859,823 $1,859,823 $12,181,172 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 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 29.1 Increase funds to be paid to the Department of Public Safety for a trooper to provide security. State General Funds $33,219 $33,219 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $33,219 210 JOURNAL OF THE SENATE 29.2 Increase funds for contracts to annualize additional yearly costs for WestLaw research contract fees. State General Funds $1,440 $1,440 $1,440 29.3 Increase funds for contracts to annualize additional yearly costs of TriVir e-filing and maintenance. State General Funds $6,000 $6,000 $6,000 29.4 Increase funds for information technology to annualize additional yearly costs for a new network. State General Funds $31,000 $31,000 $31,000 29.5 Increase funds for contracts to annualize additional yearly costs for the Reporters' Office - LexisNexis publication. State General Funds $1,665 $1,665 $1,665 29.100-Supreme Court of Georgia Appropriation (HB 75) 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 $10,321,349 $10,321,349 $10,321,349 State General Funds $10,321,349 $10,321,349 $10,321,349 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 $12,181,172 $12,181,172 $12,181,172 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $5,093,761 $5,093,761 $5,093,761 $5,093,761 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $5,093,761 $5,093,761 $17,142,369 $17,142,369 WEDNESDAY, FEBRUARY 11, 2015 211 Accounting System Assessments TOTAL PUBLIC FUNDS $17,142,369 $22,236,130 $17,142,369 $22,236,130 $17,142,369 $22,236,130 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $6,457,650 $6,457,650 $17,142,369 $17,142,369 $17,142,369 $23,600,019 $6,457,650 $6,457,650 $17,142,369 $17,142,369 $17,142,369 $23,600,019 $6,457,650 $6,457,650 $17,142,369 $17,142,369 $17,142,369 $23,600,019 State Accounting Office Continuation Budget The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes. TOTAL STATE FUNDS $3,743,499 $3,743,499 State General Funds $3,743,499 $3,743,499 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,142,369 $17,142,369 State Funds Transfers $17,142,369 $17,142,369 Accounting System Assessments $17,142,369 $17,142,369 TOTAL PUBLIC FUNDS $20,885,868 $20,885,868 30.1 Increase funds for one-time funding for the federal Statewide Cost Allocation Plan settlement payment. State General Funds $722,563 $722,563 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $722,563 30.100 -State Accounting Office Appropriation (HB 75) The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes. TOTAL STATE FUNDS $4,466,062 $4,466,062 $4,466,062 State General Funds $4,466,062 $4,466,062 $4,466,062 212 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS $17,142,369 $17,142,369 $17,142,369 $21,608,431 $17,142,369 $17,142,369 $17,142,369 $21,608,431 $17,142,369 $17,142,369 $17,142,369 $21,608,431 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 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 31.100-Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 75) 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 $1,350,262 $1,350,262 $1,350,262 State General Funds $1,350,262 $1,350,262 $1,350,262 TOTAL PUBLIC FUNDS $1,350,262 $1,350,262 $1,350,262 Georgia State Board of Accountancy Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 32.1 Increase funds for Board operations. State General Funds $641,326 $641,326 $641,326 WEDNESDAY, FEBRUARY 11, 2015 213 32.99 SAC: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions, when warranted. House: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions, when warranted. Governor: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions, when warranted. State General Funds $0 $0 $0 32.100-Georgia State Board of Accountancy Appropriation (HB 75) The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions, when warranted. TOTAL STATE FUNDS $641,326 $641,326 $641,326 State General Funds $641,326 $641,326 $641,326 TOTAL PUBLIC FUNDS $641,326 $641,326 $641,326 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 $4,878,113 $4,878,113 $4,878,113 $4,878,113 $21,376,895 $21,376,895 $4,062,800 $4,062,800 $4,062,800 $4,062,800 $36,000 $36,000 $36,000 $36,000 $15,293,260 $15,293,260 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $1,984,835 $1,984,835 $4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 214 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Section Total - Final $5,077,451 $5,077,451 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,131,774 $4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. WEDNESDAY, FEBRUARY 11, 2015 215 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 Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 33.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. Appropriation (HB 75) 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 Merit System Assessments TOTAL PUBLIC FUNDS $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 216 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 34.100-Fleet Management Appropriation (HB 75) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 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 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 WEDNESDAY, FEBRUARY 11, 2015 217 35.100-Human Resources Administration Appropriation (HB 75) 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 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 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 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 36.100 -Risk Management Appropriation (HB 75) 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. 218 JOURNAL OF THE SENATE 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 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 37.100 -State Purchasing Appropriation (HB 75) 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 WEDNESDAY, FEBRUARY 11, 2015 219 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 Surplus Property Continuation Budget The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 38.100 -Surplus Property Appropriation (HB 75) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 39.100 -Certificate of Need Appeal Panel Appropriation (HB 75) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. 220 JOURNAL OF THE SENATE 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 40.1 Increase funds for one-time funding for moving. State General Funds $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 $199,338 $0 $0 40.100-Administrative Hearings, Office of State Appropriation (HB 75) 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 $3,199,085 $2,999,747 $2,999,747 State General Funds $3,199,085 $2,999,747 $2,999,747 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 $4,499,890 $4,300,552 $4,300,552 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. WEDNESDAY, FEBRUARY 11, 2015 221 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 41.100 -State Treasurer, Office of the Appropriation (HB 75) 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 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 $838,860 $838,860 $838,860 State General Funds $838,860 $838,860 $838,860 TOTAL PUBLIC FUNDS $838,860 $838,860 $838,860 42.100-Payments to Georgia Aviation Authority Appropriation (HB 75) 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 $838,860 $838,860 $838,860 State General Funds $838,860 $838,860 $838,860 TOTAL PUBLIC FUNDS $838,860 $838,860 $838,860 222 JOURNAL OF THE SENATE The Department is authorized to assess no more than $73.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $42,515,594 $42,515,594 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $6,837,012 $6,837,012 $636,171 $636,171 $636,171 $636,171 $411,171 $411,171 $225,000 $225,000 $49,988,777 $49,988,777 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds 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 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 WEDNESDAY, FEBRUARY 11, 2015 223 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 75) 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 $2,910,273 $2,910,273 $2,910,273 State General Funds $2,910,273 $2,910,273 $2,910,273 TOTAL PUBLIC FUNDS $2,910,273 $2,910,273 $2,910,273 Consumer Protection Continuation Budget The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 44.100-Consumer Protection Appropriation (HB 75) 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 224 JOURNAL OF THE SENATE performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS $25,458,597 $25,458,597 $25,458,597 State General Funds $25,458,597 $25,458,597 $25,458,597 TOTAL FEDERAL FUNDS $6,837,012 $6,837,012 $6,837,012 Federal Funds Not Itemized $6,837,012 $6,837,012 $6,837,012 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 $32,520,609 $32,520,609 $32,520,609 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 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 45.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,524,816 $4,524,816 $4,524,816 State General Funds $4,524,816 $4,524,816 $4,524,816 TOTAL PUBLIC FUNDS $4,524,816 $4,524,816 $4,524,816 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 INTRA-STATE GOVERNMENT TRANSFERS $5,825,232 $5,825,232 $411,171 $5,825,232 $5,825,232 $411,171 $5,825,232 $5,825,232 $411,171 WEDNESDAY, FEBRUARY 11, 2015 225 State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $411,171 $411,171 $6,236,403 $411,171 $411,171 $6,236,403 $411,171 $411,171 $6,236,403 46.100-Marketing and Promotion Appropriation (HB 75) 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 $5,825,232 $5,825,232 $5,825,232 State General Funds $5,825,232 $5,825,232 $5,825,232 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $411,171 $411,171 $411,171 State Funds Transfers $411,171 $411,171 $411,171 State Fund Transfers Not Itemized $411,171 $411,171 $411,171 TOTAL PUBLIC FUNDS $6,236,403 $6,236,403 $6,236,403 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 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 47.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 75) 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 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 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. 226 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 49.100-Payments to Georgia Agricultural Exposition Authority Appropriation (HB 75) 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 $966,277 $966,277 $966,277 State General Funds $966,277 $966,277 $966,277 TOTAL PUBLIC FUNDS $966,277 $966,277 $966,277 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 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 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 50.100-Consumer Protection and Assistance Appropriation (HB 75) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $227,776 $227,776 $227,776 State General Funds $227,776 $227,776 $227,776 TOTAL PUBLIC FUNDS $227,776 $227,776 $227,776 WEDNESDAY, FEBRUARY 11, 2015 227 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 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 51.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,047,883 $2,047,883 $2,047,883 Appropriation (HB 75) $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 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 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 52.100 -Financial Institution Supervision Appropriation (HB 75) 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 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 228 JOURNAL OF THE SENATE Non-Depository Financial Institution Supervision Continuation Budget The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices 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 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 53.100 -Non-Depository Financial Institution Supervision Appropriation (HB 75) 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 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $968,833,425 $968,833,425 State General Funds $958,578,287 $958,578,287 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 $145,660,990 Federal Funds Not Itemized $5,739,979 $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,482,075 $47,482,075 FFIND Social Services Block Grant CFDA93.667 $40,481,142 $40,481,142 Temporary Assistance for Needy Families $528,000 $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $528,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $26,902,262 $26,902,262 Intergovernmental Transfers $200,000 $200,000 $968,833,425 $958,578,287 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 WEDNESDAY, FEBRUARY 11, 2015 229 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 State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 Section Total - Final TOTAL STATE FUNDS $968,060,951 State General Funds $957,805,813 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 Federal Funds Not Itemized $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,482,075 FFIND Social Services Block Grant CFDA93.667 $40,481,142 Temporary Assistance for Needy Families $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 TOTAL AGENCY FUNDS $26,902,262 Intergovernmental Transfers $200,000 Intergovernmental Transfers Not Itemized $200,000 Rebates, Refunds, and Reimbursements $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $968,060,951 $957,805,813 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $968,060,951 $957,805,813 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 230 JOURNAL OF THE SENATE Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,145,628,694 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,145,628,694 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,145,628,694 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, have a chemical dependency and who need assistance for compulsive gambling. 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 WEDNESDAY, FEBRUARY 11, 2015 231 54.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds ($15,592) ($15,592) ($15,592) 54.100 -Adult Addictive Diseases Services Appropriation (HB 75) The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs, have a chemical dependency and who need assistance for compulsive gambling. TOTAL STATE FUNDS $44,637,657 $44,637,657 $44,637,657 State General Funds $44,637,657 $44,637,657 $44,637,657 TOTAL FEDERAL FUNDS $44,404,231 $44,404,231 $44,404,231 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $29,607,511 $29,607,511 $29,607,511 FFIND Social Services Block Grant CFDA93.667 $2,500,000 $2,500,000 $2,500,000 Temporary Assistance for Needy Families $528,000 $528,000 $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $528,000 $528,000 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 $89,477,091 $89,477,091 $89,477,091 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 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 232 JOURNAL OF THE SENATE FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 55.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds ($475,552) ($475,552) ($475,552) 55.100-Adult Developmental Disabilities Services Appropriation (HB 75) 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 $277,136,624 $277,136,624 $277,136,624 State General Funds $266,881,486 $266,881,486 $266,881,486 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $42,980,753 $42,980,753 $42,980,753 Medical Assistance Program CFDA93.778 $12,336,582 $12,336,582 $12,336,582 FFIND Social Services Block Grant CFDA93.667 $30,644,171 $30,644,171 $30,644,171 TOTAL AGENCY FUNDS $12,960,000 $12,960,000 $12,960,000 Sales and Services $12,960,000 $12,960,000 $12,960,000 Sales and Services Not Itemized $12,960,000 $12,960,000 $12,960,000 TOTAL PUBLIC FUNDS $333,077,377 $333,077,377 $333,077,377 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 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 WEDNESDAY, FEBRUARY 11, 2015 233 56.100 -Adult Forensic Services Appropriation (HB 75) 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 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 57.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds ($288,450) ($288,450) ($288,450) 57.100 -Adult Mental Health Services Appropriation (HB 75) 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. 234 JOURNAL OF THE SENATE 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 $345,814,069 $345,814,069 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $359,893,117 $345,814,069 $345,814,069 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $359,893,117 $345,814,069 $345,814,069 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $359,893,117 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 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 58.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 75) 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 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 WEDNESDAY, FEBRUARY 11, 2015 235 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 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 59.100-Child and Adolescent Developmental Disabilities Appropriation (HB 75) 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 $8,822,918 $8,822,918 $8,822,918 State General Funds $8,822,918 $8,822,918 $8,822,918 TOTAL FEDERAL FUNDS $3,588,692 $3,588,692 $3,588,692 Medical Assistance Program CFDA93.778 $3,588,692 $3,588,692 $3,588,692 TOTAL PUBLIC FUNDS $12,411,610 $12,411,610 $12,411,610 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 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 60.100 -Child and Adolescent Forensic Services Appropriation (HB 75) 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 $5,193,233 $5,193,233 $5,193,233 State General Funds $5,193,233 $5,193,233 $5,193,233 TOTAL PUBLIC FUNDS $5,193,233 $5,193,233 $5,193,233 236 JOURNAL OF THE SENATE 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 $49,231,759 $49,231,759 $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 $62,226,055 $49,231,759 $49,231,759 $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 $62,226,055 $49,231,759 $49,231,759 $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 $62,226,055 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 75) 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 $49,231,759 $49,231,759 $49,231,759 State General Funds $49,231,759 $49,231,759 $49,231,759 TOTAL FEDERAL FUNDS $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 Medical Assistance Program CFDA93.778 $2,886,984 $2,886,984 $2,886,984 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 WEDNESDAY, FEBRUARY 11, 2015 237 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $48,098 $48,098 $62,226,055 $48,098 $48,098 $62,226,055 $48,098 $48,098 $62,226,055 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 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 62.100-Departmental Administration-Behavioral Health Appropriation (HB 75) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. TOTAL STATE FUNDS $37,183,252 $37,183,252 $37,183,252 State General Funds $37,183,252 $37,183,252 $37,183,252 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 $48,920,969 $48,920,969 $48,920,969 Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals. Continuation Budget 238 JOURNAL OF THE SENATE 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 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 63.100 -Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals. 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 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 Appropriation (HB 75) $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 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. WEDNESDAY, FEBRUARY 11, 2015 239 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 64.100-Substance Abuse Prevention Appropriation (HB 75) 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 $234,128 $234,128 $234,128 State General Funds $234,128 $234,128 $234,128 TOTAL FEDERAL FUNDS $9,996,415 $9,996,415 $9,996,415 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,996,415 $9,996,415 $9,996,415 TOTAL PUBLIC FUNDS $10,230,543 $10,230,543 $10,230,543 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 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 65.100-Developmental Disabilities, Georgia Council on Appropriation (HB 75) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $244,153 $244,153 $244,153 State General Funds $244,153 $244,153 $244,153 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 $2,921,777 $2,921,777 $2,921,777 240 JOURNAL OF THE SENATE Sexual Offender Review Board Continuation Budget 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 66.1 Increase funds for new Board member training. State General Funds $7,120 $7,120 $7,120 66.100 -Sexual Offender Review Board Appropriation (HB 75) 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 STATE FUNDS $668,374 $668,374 $668,374 State General Funds $668,374 $668,374 $668,374 TOTAL PUBLIC FUNDS $668,374 $668,374 $668,374 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 Section Total - Continuation $64,428,953 $64,428,953 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,110,483 $13,110,483 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $1,603,158 $1,603,158 $70,386 $70,386 $60,480 $60,480 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 WEDNESDAY, FEBRUARY 11, 2015 241 Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $60,480 $9,906 $9,906 $250,502,286 $60,480 $9,906 $9,906 $250,502,286 $60,480 $9,906 $9,906 $250,502,286 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 $140,983,636 $140,983,636 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $327,056,969 $140,983,636 $140,983,636 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $327,056,969 $140,206,295 $140,206,295 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $326,279,628 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 $240,794 $240,794 $75,116 $240,794 $240,794 $75,116 $240,794 $240,794 $75,116 242 JOURNAL OF THE SENATE 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 $573,714 $75,116 $257,804 $257,804 $257,804 $573,714 $75,116 $257,804 $257,804 $257,804 $573,714 67.100 -Building Construction Appropriation (HB 75) 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 $240,794 $240,794 $240,794 State General Funds $240,794 $240,794 $240,794 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 $573,714 $573,714 $573,714 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 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 WEDNESDAY, FEBRUARY 11, 2015 243 68.100 -Coordinated Planning Appropriation (HB 75) 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 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 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 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 244 JOURNAL OF THE SENATE 69.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,116,849 $1,116,849 $1,116,849 State General Funds $1,116,849 $1,116,849 $1,116,849 TOTAL FEDERAL FUNDS $3,216,000 $3,216,000 $3,216,000 Federal Funds Not Itemized $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 $6,557,530 $6,557,530 $6,557,530 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 WEDNESDAY, FEBRUARY 11, 2015 245 70.100-Federal Community and Economic Development Programs Appropriation (HB 75) 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 $1,574,507 $1,574,507 $1,574,507 State General Funds $1,574,507 $1,574,507 $1,574,507 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 $305,415 $305,415 $305,415 Intergovernmental Transfers $275,415 $275,415 $275,415 Intergovernmental Transfers Not Itemized $275,415 $275,415 $275,415 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $54,152,750 $54,152,750 $54,152,750 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 71.100 -Homeownership Programs Appropriation (HB 75) 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. 246 JOURNAL OF THE SENATE 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 $1,032,544 $1,032,544 $1,032,544 State General Funds $1,032,544 $1,032,544 $1,032,544 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 $1,329,194 $1,329,194 $1,329,194 72.100 -Regional Services Appropriation (HB 75) 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 $1,032,544 $1,032,544 $1,032,544 State General Funds $1,032,544 $1,032,544 $1,032,544 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 WEDNESDAY, FEBRUARY 11, 2015 247 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $175,000 $175,000 $13,650 $13,650 $1,329,194 $175,000 $175,000 $13,650 $13,650 $1,329,194 $175,000 $175,000 $13,650 $13,650 $1,329,194 Rental Housing Programs Continuation Budget 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 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 75) 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers $114,948,262 $114,948,262 $3,992,081 $3,157,089 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $114,948,262 $114,948,262 $3,992,081 $3,157,089 248 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,157,089 $834,992 $834,992 $118,940,343 $3,157,089 $834,992 $834,992 $118,940,343 $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 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 74.100-Research and Surveys Appropriation (HB 75) 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 $388,430 $388,430 $388,430 State General Funds $388,430 $388,430 $388,430 TOTAL PUBLIC FUNDS $388,430 $388,430 $388,430 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 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 WEDNESDAY, FEBRUARY 11, 2015 249 Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $476,725 $60,480 $60,480 $60,480 $5,503,057 $476,725 $60,480 $60,480 $60,480 $5,503,057 $476,725 $60,480 $60,480 $60,480 $5,503,057 75.100 -Special Housing Initiatives Appropriation (HB 75) 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 $60,480 $60,480 $60,480 Agency to Agency Contracts $60,480 $60,480 $60,480 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 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 250 JOURNAL OF THE SENATE 76.100 -State Community Development Programs Appropriation (HB 75) 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 $750,313 $750,313 $750,313 State General Funds $750,313 $750,313 $750,313 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 $805,597 $805,597 $805,597 State Economic Development Programs 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 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 77.1 Increase funds for Regional Economic Business Assistance (REBA) grants. State General Funds $20,000,000 $20,000,000 $20,000,000 77.100-State Economic Development Programs Appropriation (HB 75) 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 $41,089,109 $41,089,109 $41,089,109 State General Funds $41,089,109 $41,089,109 $41,089,109 WEDNESDAY, FEBRUARY 11, 2015 251 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 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $41,424,696 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $41,424,696 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $41,424,696 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 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 78.100-Payments to Georgia Environmental Finance Authority Appropriation (HB 75) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $348,495 $348,495 $348,495 State General Funds $348,495 $348,495 $348,495 TOTAL PUBLIC FUNDS $348,495 $348,495 $348,495 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 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 79.1 Increase funds for Xpress operations. State General Funds $1,554,683 $1,554,683 $777,342 252 JOURNAL OF THE SENATE 79.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 75) 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 $12,807,522 $12,807,522 $12,030,181 State General Funds $12,807,522 $12,807,522 $12,030,181 TOTAL PUBLIC FUNDS $12,807,522 $12,807,522 $12,030,181 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 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 80.1 Increase funds for economic development projects. State General Funds $20,000,000 $20,000,000 $20,000,000 80.2 Increase funds to provide additional competitive grants to local school systems for broadband internet connectivity through the Connections for Classrooms program and provide funds for live online instruction and other digital platforms for students and teachers. State General Funds $35,000,000 $35,000,000 $35,000,000 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 $75,000,000 $75,000,000 $178,902 $178,902 $178,902 $75,178,902 Appropriation (HB 75) $75,000,000 $75,000,000 $178,902 $178,902 $178,902 $75,178,902 $75,000,000 $75,000,000 $178,902 $178,902 $178,902 $75,178,902 WEDNESDAY, FEBRUARY 11, 2015 253 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 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 Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee Section Total - Continuation $3,068,589,491 $3,068,589,491 $3,068,589,491 $2,526,647,599 $2,526,647,599 $2,526,647,599 $109,968,257 $109,968,257 $109,968,257 $167,756,401 $167,756,401 $167,756,401 $264,217,234 $264,217,234 $264,217,234 $6,513,205,963 $6,513,205,963 $6,513,205,963 $26,643,401 $26,643,401 $26,643,401 $6,153,947,877 $6,153,947,877 $6,153,947,877 $332,614,685 $332,614,685 $332,614,685 $220,087,828 $220,087,828 $220,087,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $1,168,519 $1,168,519 $1,168,519 $3,172,973,226 $3,172,973,226 $3,172,973,226 $280,857,262 $280,857,262 $280,857,262 $13,256,882,289 $13,256,882,289 $13,256,882,289 Section Total - Final $3,107,997,597 $2,568,659,524 $109,968,257 $167,969,114 $261,400,702 $3,107,974,974 $2,568,636,901 $109,968,257 $167,969,114 $261,400,702 $3,108,026,340 $2,568,688,267 $109,968,257 $167,969,114 $261,400,702 254 JOURNAL OF THE SENATE 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 Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $6,539,633,775 $6,539,531,045 $6,539,582,410 $26,643,401 $26,643,401 $26,643,401 $6,209,698,842 $6,209,596,112 $6,209,647,477 $303,291,532 $303,291,532 $303,291,532 $223,093,230 $223,093,230 $223,093,230 $1,805,402 $1,805,402 $1,805,402 $1,805,402 $1,805,402 $1,805,402 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,373,256,462 $3,373,256,462 $3,373,256,462 $3,373,256,462 $3,373,256,462 $3,373,256,462 $1,168,519 $1,168,519 $1,168,519 $3,091,230,681 $3,091,230,681 $3,091,230,681 $280,857,262 $280,857,262 $280,857,262 $13,243,981,064 $13,243,855,711 $13,243,958,442 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 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 WEDNESDAY, FEBRUARY 11, 2015 255 Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments TOTAL PUBLIC FUNDS 81.1 Reduce funds for operations. State General Funds $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 ($82,725) ($82,725) ($82,725) 81.100-Departmental Administration and Program Support Appropriation (HB 75) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments TOTAL PUBLIC FUNDS $66,774,655 $66,774,655 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287 $66,774,655 $66,774,655 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287 $66,774,655 $66,774,655 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287 256 JOURNAL OF THE SENATE Georgia Board of Dentistry Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 82.1 Reduce funds for operations. State General Funds ($4,999) $0 $0 82.100-Georgia Board of Dentistry Appropriation (HB 75) The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS $797,971 $802,970 $802,970 State General Funds $797,971 $802,970 $802,970 TOTAL PUBLIC FUNDS $797,971 $802,970 $802,970 Georgia State Board of Pharmacy Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 83.1 Reduce funds for operations. State General Funds ($4,999) $0 $0 83.100-Georgia State Board of Pharmacy Appropriation (HB 75) The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. WEDNESDAY, FEBRUARY 11, 2015 257 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $739,574 $739,574 $739,574 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 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 $7,877,990 $7,877,990 $7,877,990 State General Funds $7,877,990 $7,877,990 $7,877,990 TOTAL FEDERAL FUNDS $16,446,551 $16,446,551 $16,446,551 Federal Funds Not Itemized $16,030,301 $16,030,301 $16,030,301 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $24,324,541 $24,324,541 $24,324,541 84.100 -Health Care Access and Improvement Appropriation (HB 75) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $7,877,990 $7,877,990 $7,877,990 State General Funds $7,877,990 $7,877,990 $7,877,990 TOTAL FEDERAL FUNDS $16,446,551 $16,446,551 $16,446,551 Federal Funds Not Itemized $16,030,301 $16,030,301 $16,030,301 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $24,324,541 $24,324,541 $24,324,541 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 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $7,475,244 $7,475,244 $9,227,396 $5,904,653 258 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 85.1 Increase funds to replace funds lost as a result of updates to the cost allocation plan. State General Funds $2,895,661 $2,895,661 $2,895,661 85.2 Increase funds for personnel for eight additional nurse surveyors effective April 1, 2015. (S:Increase funds for personnel for four additional nurse surveyors effective April 1, 2015) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $102,731 $102,730 $205,461 $0 $51,366 $0 $51,365 $0 $102,731 85.100-Healthcare Facility Regulation Appropriation (HB 75) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $10,473,636 $10,370,905 $10,422,271 State General Funds $10,473,636 $10,370,905 $10,422,271 TOTAL FEDERAL FUNDS $9,330,126 $9,227,396 $9,278,761 Federal Funds Not Itemized $5,904,653 $5,904,653 $5,904,653 Medical Assistance Program CFDA93.778 $3,425,473 $3,322,743 $3,374,108 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 $19,903,762 $19,698,301 $19,801,032 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 $0 $0 $257,075,969 $0 $0 $257,075,969 $0 $0 $257,075,969 WEDNESDAY, FEBRUARY 11, 2015 259 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 86.1 Increase funds for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $14,133,296 $28,617,145 $42,750,441 $14,133,296 $28,617,145 $42,750,441 $14,133,296 $28,617,145 $42,750,441 86.2 Utilize prior year reserve funds for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Total Public Funds: $3,655,584 $1,805,402 $5,460,986 $3,655,584 $1,805,402 $5,460,986 $3,655,584 $1,805,402 $5,460,986 86.3 Increase funds to reflect actual funds available. (H and S:Increase funds in the Ambulance Licensing Fee activity to reflect actual funds available and utilize funds to pay claims for adult rotary wing emergency transport as directed by HB 744 (2014 Session)) Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 86.100 -Indigent Care Trust Fund Appropriation (HB 75) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. TOTAL STATE FUNDS $14,133,296 $14,133,296 $14,133,296 State General Funds $14,133,296 $14,133,296 $14,133,296 TOTAL FEDERAL FUNDS $289,348,698 $289,348,698 $289,348,698 Medical Assistance Program CFDA93.778 $289,348,698 $289,348,698 $289,348,698 260 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $144,391,926 $1,805,402 $1,805,402 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $447,873,920 $144,391,926 $1,805,402 $1,805,402 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $447,873,920 $144,391,926 $1,805,402 $1,805,402 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $447,873,920 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 for 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 Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS 87.1 Reduce funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 ($80,372,235) ($80,372,235) ($80,372,235) ($172,605,255) ($172,605,255) ($172,605,255) ($252,977,490) ($252,977,490) ($252,977,490) WEDNESDAY, FEBRUARY 11, 2015 261 87.2 Increase funds for new Hepatitis C drugs. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $19,708,761 $39,595,239 $59,304,000 $19,708,761 $39,595,239 $59,304,000 $19,708,761 $39,595,239 $59,304,000 87.3 Increase funds for one-time funding for a federal audit settlement. State General Funds $1,978,433 $1,978,433 $1,978,433 87.4 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $500,000 $1,001,051 $1,501,051 $500,000 $1,001,051 $1,501,051 $500,000 $1,001,051 $1,501,051 87.5 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,583,000 $5,171,428 $7,754,428 $2,583,000 $5,171,428 $7,754,428 $2,583,000 $5,171,428 $7,754,428 87.6 Increase funds to restore funds for unachievable savings from the implementation of case management. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $4,150,677 $8,310,077 $12,460,754 $4,150,677 $8,310,077 $12,460,754 $4,150,677 $8,310,077 $12,460,754 87.7 Increase funds to reflect projected Nursing Home Provider Fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $425,873 $212,713 $638,586 $425,873 $212,713 $638,586 $425,873 $212,713 $638,586 87.8 Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in the Independent Care Waiver Program (ICWP). Medical Assistance Program CFDA93.778 $2,927,361 $2,927,361 $2,927,361 262 JOURNAL OF THE SENATE 87.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 75) 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 STATE FUNDS $1,542,491,046 $1,542,491,046 $1,542,491,046 State General Funds $1,345,901,784 $1,345,901,784 $1,345,901,784 Nursing Home Provider Fees $167,969,114 $167,969,114 $167,969,114 Hospital Provider Fee $28,620,148 $28,620,148 $28,620,148 TOTAL FEDERAL FUNDS $3,141,389,726 $3,141,389,726 $3,141,389,726 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $3,138,602,512 $3,138,602,512 $3,138,602,512 TOTAL AGENCY FUNDS $62,342,988 $62,342,988 $62,342,988 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $5,013,512,392 $5,013,512,392 $5,013,512,392 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 WEDNESDAY, FEBRUARY 11, 2015 263 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $3,638,756,114 $3,638,756,114 88.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $65,256,675 $106,554,850 $171,811,525 $65,256,675 $106,554,850 $171,811,525 $65,256,675 $106,554,850 $171,811,525 88.2 Increase funds for one-time funding for a federal audit settlement. State General Funds $1,390,259 $1,390,259 $1,390,259 88.3 Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA) requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,354,550 $4,714,048 $7,068,598 $2,354,550 $4,714,048 $7,068,598 $2,354,550 $4,714,048 $7,068,598 88.4 Increase funds to account for the continued implementation of 12-month eligibility reviews as required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $14,126,603 $28,282,891 $42,409,494 $14,126,603 $28,282,891 $42,409,494 $14,126,603 $28,282,891 $42,409,494 88.5 Increase funds to restore funds that were transferred to the Department of Public Health in HB744 (2014 Session) for Center for Oncology Research and Education (CORE). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $225,000 $450,472 $675,472 $225,000 $450,472 $675,472 $225,000 $450,472 $675,472 88.6 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds $327,030 $327,030 $327,030 264 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Total Public Funds: $654,747 $981,777 88.7 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,764,000 $3,531,707 $5,295,707 88.8 Reduce funds to reflect projected Hospital Provider Payment revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: ($5,638,983) ($2,816,532) ($8,455,515) $654,747 $981,777 $1,764,000 $3,531,707 $5,295,707 ($5,638,983) ($2,816,532) ($8,455,515) $654,747 $981,777 $1,764,000 $3,531,707 $5,295,707 ($5,638,983) ($2,816,532) ($8,455,515) 88.100 -Medicaid: Low-Income Medicaid Appropriation (HB 75) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,324,244,986 $1,324,244,986 $1,324,244,986 State General Funds $983,323,395 $983,323,395 $983,323,395 Tobacco Settlement Funds $109,968,257 $109,968,257 $109,968,257 Hospital Provider Fee $230,953,334 $230,953,334 $230,953,334 TOTAL FEDERAL FUNDS $2,509,943,282 $2,509,943,282 $2,509,943,282 Medical Assistance Program CFDA93.778 $2,509,943,282 $2,509,943,282 $2,509,943,282 TOTAL AGENCY FUNDS $12,328,316 $12,328,316 $12,328,316 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,859,933,431 $3,859,933,431 $3,859,933,431 PeachCare Continuation Budget The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $93,922,150 $93,922,150 $93,922,150 WEDNESDAY, FEBRUARY 11, 2015 265 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 89.1 Reduce funds to reflect projected growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 ($9,106,757) ($29,944,517) ($39,051,274) ($9,106,757) ($29,944,517) ($39,051,274) ($9,106,757) ($29,944,517) ($39,051,274) 89.2 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $35,970 $118,275 $154,245 $35,970 $118,275 $154,245 $35,970 $118,275 $154,245 89.3 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $153,000 $503,089 $656,089 $153,000 $503,089 $656,089 $153,000 $503,089 $656,089 89.100 -PeachCare Appropriation (HB 75) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $85,004,363 $85,004,363 $85,004,363 State General Funds $83,177,143 $83,177,143 $83,177,143 Hospital Provider Fee $1,827,220 $1,827,220 $1,827,220 TOTAL FEDERAL FUNDS $277,034,864 $277,034,864 $277,034,864 State Children's Insurance Program CFDA93.767 $277,034,864 $277,034,864 $277,034,864 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 266 JOURNAL OF THE SENATE State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $151,783 $151,783 $362,191,010 $151,783 $151,783 $362,191,010 $151,783 $151,783 $362,191,010 State Health Benefit Plan Continuation Budget The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 90.1 Increase funds to reflect the cost of the bariatric surgery pilot program effective January 1, 2015. Health Insurance Payments $2,700,000 $2,700,000 $2,700,000 90.2 Increase funds to account for the projected increased enrollment due to the individual mandate and auto-enrollment of new employees as required by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $3,675,000 $3,675,000 $3,675,000 90.3 Increase funds to reflect limits imposed on cost sharing by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $5,946,000 $5,946,000 $5,946,000 90.4 Reduce funds to reflect a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments ($1,029,000) ($1,029,000) ($1,029,000) 90.5 Increase funds for members requiring treatment with new Hepatitis C drugs. Health Insurance Payments $12,000,000 $12,000,000 $12,000,000 WEDNESDAY, FEBRUARY 11, 2015 267 90.6 Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes. Health Insurance Payments ($292,157,041) ($292,157,041) ($292,157,041) 90.7 Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities. Health Insurance Payments $187,122,496 $187,122,496 $187,122,496 90.8 Submit a study to the Governor and General Assembly by June 30, 2015 that examines why SHBP's costs are higher than other comparable government employee health plans and describe a variety of options for reducing costs without further diminishing the value of health benefits received by members. (G:YES)(H and S:Submit a study to the Governor and General Assembly by June 30, 2015 that examines why SHBP's costs are higher than other comparable government employee health plans and describe a variety of options for reducing costs without further diminishing the value of health benefits received by members. The General Assembly also finds that non-certificated school employees are an essential part of the education delivery system and directs that any such report include an examination of options to provide health benefits to these workers) Health Insurance Payments $0 $0 $0 90.100-State Health Benefit Plan Appropriation (HB 75) 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 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096 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 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 268 JOURNAL OF THE SENATE 91.1 Reduce funds for personnel to eliminate two vacant positions. (H and S:Eliminate one vacant position) State General Funds ($96,006) ($45,006) ($45,006) 91.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $599,776 State General Funds $599,776 TOTAL PUBLIC FUNDS $599,776 Appropriation (HB 75) $650,776 $650,776 $650,776 $650,776 $650,776 $650,776 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 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 92.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 75) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $8,905,464 $8,905,464 $8,905,464 State General Funds $8,905,464 $8,905,464 $8,905,464 TOTAL PUBLIC FUNDS $8,905,464 $8,905,464 $8,905,464 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 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 WEDNESDAY, FEBRUARY 11, 2015 269 93.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 75) 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 $22,769,911 $22,769,911 $22,769,911 State General Funds $22,769,911 $22,769,911 $22,769,911 TOTAL PUBLIC FUNDS $22,769,911 $22,769,911 $22,769,911 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 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 94.99 SAC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. House: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. Governor: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. State General Funds $0 $0 $0 94.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 75) The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals 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 $15,933,643 $15,933,643 $15,933,643 270 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 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 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 95.1 Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 95.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 75) 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 $1,070,000 $1,070,000 $1,070,000 State General Funds $1,070,000 $1,070,000 $1,070,000 TOTAL PUBLIC FUNDS $1,070,000 $1,070,000 $1,070,000 Physician Workforce, Georgia Board for: Undergraduate Medical Education Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with medical schools in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 WEDNESDAY, FEBRUARY 11, 2015 271 96.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 75) 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 $2,087,250 $2,087,250 $2,087,250 State General Funds $2,087,250 $2,087,250 $2,087,250 TOTAL PUBLIC FUNDS $2,087,250 $2,087,250 $2,087,250 Georgia Composite Medical Board Continuation Budget License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 97.1 Increase funds to annualize operations of implementing the Cosmetic Laser Services Act as required by HB528 (2007 Session). State General Funds $13,110 $13,110 $13,110 97.2 Increase funds to reflect the collection of administrative fees. Sales and Services Not Itemized $200,000 $200,000 $200,000 97.3 Utilize existing funds from contracts ($21,890) for the Cosmetic Laser Services Act implementation. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 97.99 SAC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. 272 JOURNAL OF THE SENATE House: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. Governor: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. State General Funds $0 $0 $0 97.100-Georgia Composite Medical Board Appropriation (HB 75) The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, 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 $2,202,124 $2,202,124 $2,202,124 State General Funds $2,202,124 $2,202,124 $2,202,124 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $2,502,124 $2,502,124 $2,502,124 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 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 98.1 Reduce funds for operations. State General Funds ($19,110) $0 $0 WEDNESDAY, FEBRUARY 11, 2015 273 98.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 75) 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 $1,891,912 $1,891,912 $1,891,912 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 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 $1,148,527,802 $1,148,527,802 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $470,555 $470,555 $13,581,649 $13,581,649 $655,104 $655,104 $655,104 $655,104 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $1,162,580,006 $1,162,580,006 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,162,580,006 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 $1,152,830,885 $1,152,830,885 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,166,883,089 $1,151,962,657 $1,151,962,657 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,166,014,861 $1,151,962,657 $1,151,962,657 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,166,014,861 274 JOURNAL OF THE SENATE County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 99.1 Reduce funds to meet projected expenditures. State General Funds ($566,724) ($546,724) 99.100 -County Jail Subsidy Appropriation (HB 75) 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 $596,724 $30,000 $50,000 State General Funds $596,724 $30,000 $50,000 TOTAL PUBLIC FUNDS $596,724 $30,000 $50,000 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 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 100.1 Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (H and S:Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry and the Georgia Prisoner Reentry Initiative) State General Funds $420,038 $420,038 $420,038 WEDNESDAY, FEBRUARY 11, 2015 275 100.2 Reduce funds to meet projected expenditures. State General Funds ($20,000) 100.100-Departmental Administration Appropriation (HB 75) 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 $37,844,112 $37,844,112 $37,824,112 State General Funds $37,844,112 $37,844,112 $37,824,112 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL PUBLIC FUNDS $37,914,667 $37,914,667 $37,894,667 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 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 101.100 -Detention Centers Appropriation (HB 75) 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 $29,686,825 $29,686,825 $29,686,825 State General Funds $29,686,825 $29,686,825 $29,686,825 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 $30,136,825 $30,136,825 $30,136,825 276 JOURNAL OF THE SENATE Food and Farm Operations Continuation Budget The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 102.100-Food and Farm Operations Appropriation (HB 75) 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 $27,545,393 $27,545,393 $27,545,393 State General Funds $27,545,393 $27,545,393 $27,545,393 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $27,845,393 $27,845,393 $27,845,393 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 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 103.1 Transfer funds from the Health program to the Probation Supervision program to reflect contract savings and to meet projected expenditures. State General Funds ($598,767) ($598,767) ($598,767) WEDNESDAY, FEBRUARY 11, 2015 277 103.2 Utilize existing funds to implement electronic health records. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 103.100 -Health Appropriation (HB 75) 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 $199,394,208 $199,394,208 $199,394,208 State General Funds $199,394,208 $199,394,208 $199,394,208 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 $199,784,208 $199,784,208 $199,784,208 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 $42,491,807 $42,491,807 $30,000 $30,000 $30,000 $42,521,807 $42,491,807 $42,491,807 $30,000 $30,000 $30,000 $42,521,807 $42,491,807 $42,491,807 $30,000 $30,000 $30,000 $42,521,807 104.100 -Offender Management Appropriation (HB 75) 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 $42,491,807 $42,491,807 $42,491,807 State General Funds $42,491,807 $42,491,807 $42,491,807 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 278 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,000 $42,521,807 $30,000 $42,521,807 $30,000 $42,521,807 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 $134,908,024 105.1 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and to meet projected expenditures. State General Funds ($1,512,416) ($1,512,416) ($1,512,416) 105.2 Reduce funds to meet projected expenditures. State General Funds ($301,504) ($301,504) 105.100 -Private Prisons Appropriation (HB 75) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $133,395,608 $133,094,104 $133,094,104 State General Funds $133,395,608 $133,094,104 $133,094,104 TOTAL PUBLIC FUNDS $133,395,608 $133,094,104 $133,094,104 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 $108,210,676 $108,210,676 $17,046 $17,046 $108,210,676 $108,210,676 $17,046 $17,046 $108,210,676 $108,210,676 $17,046 $17,046 WEDNESDAY, FEBRUARY 11, 2015 279 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $17,046 $17,046 $17,046 $108,227,722 $108,227,722 $108,227,722 106.1 Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the Georgia Prison Reentry Initiative. State General Funds $116,783 $116,783 $116,783 106.2 Increase funds to implement a GED Preparation Learning Center in Day Reporting Centers. State General Funds $326,972 $326,972 $326,972 106.3 Transfer funds from the Health program ($598,767) and the Private Prisons program ($1,512,416) to the Probation Supervision program to reflect contract savings and to meet projected expenditures. State General Funds $2,111,183 $2,111,183 $2,111,183 106.100 -Probation Supervision Appropriation (HB 75) 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 $110,765,614 $110,765,614 $110,765,614 State General Funds $110,765,614 $110,765,614 $110,765,614 TOTAL AGENCY FUNDS $17,046 $17,046 $17,046 Sales and Services $17,046 $17,046 $17,046 Sales and Services Not Itemized $17,046 $17,046 $17,046 TOTAL PUBLIC FUNDS $110,782,660 $110,782,660 $110,782,660 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 $538,699,137 $538,699,137 $538,699,137 $538,699,137 $538,699,137 $538,699,137 280 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 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 107.1 Increase funds for vocational programs in state prisons. (H and S:Increase funds for vocational programs in state prisons to support the Georgia Prisoner Reentry Initiative) State General Funds $1,036,618 $1,036,618 $1,036,618 107.2 Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine months and to expand to an additional facility. (H and S:Increase funds to lengthen the Residential Substance Abuse Treatment program from six months to nine months and to expand to an additional facility to support the Georgia Prisoner Reentry Initiative) State General Funds $752,605 $752,605 $752,605 107.3 Increase funds for personnel for two positions and operations to create a charter high school for offenders at two locations. (H and S:Increase funds for personnel for two positions and operations to create a charter high school for offenders at two locations to support the Georgia Prisoner Reentry Initiative) State General Funds $203,263 $203,263 $203,263 107.4 Increase funds for personnel for six positions and operations to create a GED fast track program. (H and S:Increase funds for personnel for six positions and operations to create a GED fast track program to support the Georgia Prisoner Reentry Initiative) State General Funds $1,240,301 $1,240,301 $1,240,301 107.100 -State Prisons Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 281 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 $541,931,924 $541,931,924 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $554,726,527 $541,931,924 $541,931,924 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $554,726,527 $541,931,924 $541,931,924 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $554,726,527 Transition Centers Continuation Budget The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 108.1 Increase funds to implement GED Preparation Learning Centers. (H and S:Increase funds to implement GED Preparation Learning Centers to support the Georgia Prisoner Reentry Initiative) State General Funds $206,503 $206,503 $206,503 108.100 -Transition Centers Appropriation (HB 75) 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 $29,178,670 $29,178,670 $29,178,670 State General Funds $29,178,670 $29,178,670 $29,178,670 TOTAL PUBLIC FUNDS $29,178,670 $29,178,670 $29,178,670 Section 19: Defense, Department of TOTAL STATE FUNDS Section Total - Continuation $9,496,994 $9,496,994 $9,496,994 282 JOURNAL OF THE SENATE 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 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 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 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 WEDNESDAY, FEBRUARY 11, 2015 283 109.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,115,324 $1,115,324 $1,115,324 State General Funds $1,115,324 $1,115,324 $1,115,324 TOTAL FEDERAL FUNDS $723,528 $723,528 $723,528 Federal Funds Not Itemized $723,528 $723,528 $723,528 TOTAL PUBLIC FUNDS $1,838,852 $1,838,852 $1,838,852 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 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 110.100 -Military Readiness Appropriation (HB 75) 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 $5,014,465 $5,014,465 $5,014,465 State General Funds $5,014,465 $5,014,465 $5,014,465 TOTAL FEDERAL FUNDS $33,673,372 $33,673,372 $33,673,372 284 JOURNAL OF THE SENATE 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 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 111.100 -Youth Educational Services Appropriation (HB 75) 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 $3,367,205 $3,367,205 $3,367,205 State General Funds $3,367,205 $3,367,205 $3,367,205 TOTAL FEDERAL FUNDS $10,572,986 $10,572,986 $10,572,986 Federal Funds Not Itemized $10,572,986 $10,572,986 $10,572,986 TOTAL AGENCY FUNDS $3,520 $3,520 $3,520 Sales and Services $3,520 $3,520 $3,520 Sales and Services Not Itemized $3,520 $3,520 $3,520 TOTAL PUBLIC FUNDS $13,943,711 $13,943,711 $13,943,711 WEDNESDAY, FEBRUARY 11, 2015 285 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 $63,039,864 $63,039,864 $63,039,864 $63,039,864 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $65,883,985 $65,883,985 $63,039,864 $63,039,864 $2,844,121 $2,844,121 $2,844,121 $65,883,985 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $63,099,864 $63,099,864 $2,844,121 $2,844,121 $2,844,121 $65,943,985 $63,099,864 $63,099,864 $2,844,121 $2,844,121 $2,844,121 $65,943,985 $62,799,864 $62,799,864 $2,844,121 $2,844,121 $2,844,121 $65,643,985 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 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 112.100-Customer Service Support Appropriation (HB 75) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,365,723 $9,365,723 $9,365,723 State General Funds $9,365,723 $9,365,723 $9,365,723 286 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $500,857 $9,866,580 $500,857 $500,857 $500,857 $9,866,580 $500,857 $500,857 $500,857 $9,866,580 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 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 113.1 Increase funds for rent for the Sandy Springs Customer Service Center. State General Funds $60,000 $60,000 $60,000 113.2 Eliminate funds for one-time funding for rent for the Fulton Customer Service Center. State General Funds ($300,000) 113.100 -License Issuance Appropriation (HB 75) 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 $52,848,293 $52,848,293 $52,548,293 State General Funds $52,848,293 $52,848,293 $52,548,293 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 $54,676,128 $54,676,128 $54,376,128 WEDNESDAY, FEBRUARY 11, 2015 287 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; and 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 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 114.100-Regulatory Compliance Appropriation (HB 75) 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 STATE FUNDS $885,848 $885,848 $885,848 State General Funds $885,848 $885,848 $885,848 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 $1,401,277 $1,401,277 $1,401,277 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 Section Total - Continuation $369,793,520 $369,793,520 $55,493,488 $55,493,488 $314,300,032 $314,300,032 $346,366,695 $346,366,695 $135,377,190 $135,377,190 $101,618,088 $101,618,088 $109,371,417 $109,371,417 $26,000 $26,000 $369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 288 JOURNAL OF THE SENATE 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 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 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 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 Section Total - Final $369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 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 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 WEDNESDAY, FEBRUARY 11, 2015 289 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $21,000 $21,000 $245,146,508 $21,000 $21,000 $245,146,508 $21,000 $21,000 $245,146,508 115.100 -Child Care Services Appropriation (HB 75) 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 $55,493,488 $55,493,488 $55,493,488 State General Funds $55,493,488 $55,493,488 $55,493,488 TOTAL FEDERAL FUNDS $189,632,020 $189,632,020 $189,632,020 CCDF Mandatory & Matching Funds CFDA93.596 $101,618,088 $101,618,088 $101,618,088 Child Care & Development Block Grant CFDA93.575 $88,013,932 $88,013,932 $88,013,932 TOTAL AGENCY FUNDS $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements Not Itemized $21,000 $21,000 $21,000 TOTAL PUBLIC FUNDS $245,146,508 $245,146,508 $245,146,508 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 $125,550,000 $125,550,000 $125,550,000 $0 $0 $125,550,000 $125,550,000 $125,550,000 $0 $0 $125,550,000 $125,550,000 $125,550,000 116.100 -Nutrition Appropriation (HB 75) 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 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 290 JOURNAL OF THE SENATE Pre-Kindergarten Program Continuation Budget The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four-year-olds. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 117.100-Pre-Kindergarten Program Appropriation (HB 75) 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 $314,300,032 $314,300,032 $314,300,032 Lottery Proceeds $314,300,032 $314,300,032 $314,300,032 TOTAL FEDERAL FUNDS $162,400 $162,400 $162,400 Federal Funds Not Itemized $162,400 $162,400 $162,400 TOTAL PUBLIC FUNDS $314,462,432 $314,462,432 $314,462,432 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 Rebates, Refunds, and Reimbursements $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 WEDNESDAY, FEBRUARY 11, 2015 291 Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $5,000 $60,000 $60,000 $60,000 $31,087,275 $5,000 $60,000 $60,000 $60,000 $31,087,275 $5,000 $60,000 $60,000 $60,000 $31,087,275 118.100 -Quality Initiatives Appropriation (HB 75) 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 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 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 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 $35,515,271 $35,515,271 $33,620,285 $33,620,285 $1,894,986 $1,894,986 $74,021,318 $74,021,318 $74,021,318 $74,021,318 $109,536,589 $109,536,589 $35,515,271 $33,620,285 $1,894,986 $74,021,318 $74,021,318 $109,536,589 TOTAL STATE FUNDS State General Funds Section Total - Final $35,567,250 $33,767,322 $35,567,250 $33,767,322 $35,582,250 $33,782,322 292 JOURNAL OF THE SENATE Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,799,928 $74,021,318 $74,021,318 $109,588,568 $1,799,928 $74,021,318 $74,021,318 $109,588,568 $1,799,928 $74,021,318 $74,021,318 $109,603,568 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 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 119.1 Increase funds for personnel and operations for one position to support international relations and trade events. State General Funds $147,037 $147,037 $132,037 119.100-Departmental Administration Appropriation (HB 75) 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 $4,290,980 $4,290,980 $4,275,980 State General Funds $4,290,980 $4,290,980 $4,275,980 TOTAL PUBLIC FUNDS $4,290,980 $4,290,980 $4,275,980 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 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 WEDNESDAY, FEBRUARY 11, 2015 293 120.100-Film, Video, and Music Appropriation (HB 75) 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 $922,534 $922,534 $922,534 State General Funds $922,534 $922,534 $922,534 TOTAL PUBLIC FUNDS $922,534 $922,534 $922,534 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 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 121.100-Arts, Georgia Council for the Appropriation (HB 75) 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 $596,713 $596,713 $596,713 State General Funds $596,713 $596,713 $596,713 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,256,113 $1,256,113 $1,256,113 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. 294 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 122.100-Global Commerce Appropriation (HB 75) 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 $10,303,748 $10,303,748 $10,303,748 State General Funds $10,303,748 $10,303,748 $10,303,748 TOTAL PUBLIC FUNDS $10,303,748 $10,303,748 $10,303,748 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 $73,361,918 123.100-Governor's Office of Workforce Development Appropriation (HB 75) 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 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. WEDNESDAY, FEBRUARY 11, 2015 295 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 124.1 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($95,058) ($95,058) ($95,058) 124.100 -Innovation and Technology Appropriation (HB 75) 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 $9,156,665 $9,156,665 $9,156,665 State General Funds $7,356,737 $7,356,737 $7,356,737 Tobacco Settlement Funds $1,799,928 $1,799,928 $1,799,928 TOTAL PUBLIC FUNDS $9,156,665 $9,156,665 $9,156,665 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 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 125.100 -Small and Minority Business Development Appropriation (HB 75) 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 $933,140 $933,140 $933,140 State General Funds $933,140 $933,140 $933,140 TOTAL PUBLIC FUNDS $933,140 $933,140 $933,140 296 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 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 126.1 Increase funds for the Georgia Civil War Commission. State General Funds $30,000 126.100 -Tourism Appropriation (HB 75) 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 $9,363,470 $9,363,470 $9,393,470 State General Funds $9,363,470 $9,363,470 $9,393,470 TOTAL PUBLIC FUNDS $9,363,470 $9,363,470 $9,393,470 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Section Total - Continuation $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $45,711,057 $45,711,057 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $7,944,481,675 $7,944,481,675 $2,064,382,350 $2,064,362,720 $19,630 $45,711,057 $674,646 $674,646 $36,860,246 $36,860,246 $61,006 WEDNESDAY, FEBRUARY 11, 2015 297 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,054,575,082 $10,054,575,082 $10,054,575,082 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 $8,080,930,884 $8,082,903,599 $8,075,425,026 $7,889,252,818 $7,891,225,533 $7,883,746,960 $191,678,066 $191,678,066 $191,678,066 $2,064,382,350 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $19,630 $45,711,057 $45,711,057 $45,711,057 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,191,024,291 $10,192,997,006 $10,185,518,433 Agricultural Education Continuation Budget The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 298 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,492,000 $10,253,299 $1,492,000 $10,253,299 $1,492,000 $10,253,299 127.100 -Agricultural Education Appropriation (HB 75) The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS $8,393,026 $8,393,026 $8,393,026 State General Funds $8,393,026 $8,393,026 $8,393,026 TOTAL FEDERAL FUNDS $368,273 $368,273 $368,273 Federal Funds Not Itemized $368,273 $368,273 $368,273 TOTAL AGENCY FUNDS $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers Not Itemized $1,492,000 $1,492,000 $1,492,000 TOTAL PUBLIC FUNDS $10,253,299 $10,253,299 $10,253,299 Business and Finance Administration Continuation Budget The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 128.100 -Business and Finance Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS $7,280,358 $7,280,358 $7,280,358 State General Funds $7,280,358 $7,280,358 $7,280,358 TOTAL FEDERAL FUNDS $134,330 $134,330 $134,330 Federal Funds Not Itemized $134,330 $134,330 $134,330 WEDNESDAY, FEBRUARY 11, 2015 299 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $22,342,940 $22,342,940 $22,342,940 $29,757,628 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $22,342,940 $22,342,940 $22,342,940 $29,757,628 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 TOTAL PUBLIC FUNDS $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 129.100 -Central Office Appropriation (HB 75) 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 $3,965,745 $3,965,745 $3,965,745 State General Funds $3,965,745 $3,965,745 $3,965,745 TOTAL FEDERAL FUNDS $24,369,593 $24,369,593 $24,369,593 Federal Funds Not Itemized $24,369,593 $24,369,593 $24,369,593 TOTAL AGENCY FUNDS $243,929 $243,929 $243,929 Contributions, Donations, and Forfeitures $243,929 $243,929 $243,929 Contributions, Donations, and Forfeitures Not Itemized $243,929 $243,929 $243,929 TOTAL PUBLIC FUNDS $28,579,267 $28,579,267 $28,579,267 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. 300 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 130.100 -Charter Schools Appropriation (HB 75) 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 $2,138,312 $2,138,312 $2,138,312 State General Funds $2,138,312 $2,138,312 $2,138,312 TOTAL FEDERAL FUNDS $6,946,595 $6,946,595 $6,946,595 Federal Funds Not Itemized $6,946,595 $6,946,595 $6,946,595 TOTAL PUBLIC FUNDS $9,084,907 $9,084,907 $9,084,907 Communities in Schools Continuation Budget The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 131.100-Communities in Schools Appropriation (HB 75) The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS $1,033,100 $1,033,100 $1,033,100 State General Funds $1,033,100 $1,033,100 $1,033,100 TOTAL PUBLIC FUNDS $1,033,100 $1,033,100 $1,033,100 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. WEDNESDAY, FEBRUARY 11, 2015 301 TOTAL STATE FUNDS $3,461,541 $3,461,541 $3,461,541 State General Funds $3,461,541 $3,461,541 $3,461,541 TOTAL FEDERAL FUNDS $3,393,490 $3,393,490 $3,393,490 Federal Funds Not Itemized $3,393,490 $3,393,490 $3,393,490 TOTAL AGENCY FUNDS $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures Not Itemized $430,717 $430,717 $430,717 TOTAL PUBLIC FUNDS $7,285,748 $7,285,748 $7,285,748 132.100-Curriculum Development Appropriation (HB 75) 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 $3,461,541 $3,461,541 $3,461,541 State General Funds $3,461,541 $3,461,541 $3,461,541 TOTAL FEDERAL FUNDS $3,393,490 $3,393,490 $3,393,490 Federal Funds Not Itemized $3,393,490 $3,393,490 $3,393,490 TOTAL AGENCY FUNDS $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures Not Itemized $430,717 $430,717 $430,717 TOTAL PUBLIC FUNDS $7,285,748 $7,285,748 $7,285,748 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 133.100-Federal Programs Appropriation (HB 75) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. 302 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 Georgia Network for Educational and Therapeutic Support (GNETS) 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 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 134.100-Georgia Network for Educational and Therapeutic Support (GNETS) Appropriation (HB 75) 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 $62,081,479 $62,081,479 $62,081,479 State General Funds $62,081,479 $62,081,479 $62,081,479 TOTAL FEDERAL FUNDS $8,160,000 $8,160,000 $8,160,000 Federal Funds Not Itemized $8,160,000 $8,160,000 $8,160,000 TOTAL PUBLIC FUNDS $70,241,479 $70,241,479 $70,241,479 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. WEDNESDAY, FEBRUARY 11, 2015 303 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 135.100-Georgia Virtual School Appropriation (HB 75) 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 $3,167,490 $3,167,490 $3,167,490 State General Funds $3,167,490 $3,167,490 $3,167,490 TOTAL AGENCY FUNDS $5,600,037 $5,600,037 $5,600,037 Sales and Services $5,600,037 $5,600,037 $5,600,037 Sales and Services Not Itemized $5,600,037 $5,600,037 $5,600,037 TOTAL PUBLIC FUNDS $8,767,527 $8,767,527 $8,767,527 Information Technology Services Continuation Budget The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. 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 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 136.1 Transfer funds from the Information Technology Services program to the Technology/Career Education program for vocational industry certification. State General Funds ($752,546) ($752,546) ($752,546) 304 JOURNAL OF THE SENATE 136.100 -Information Technology Services Appropriation (HB 75) The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. TOTAL STATE FUNDS $16,460,483 $16,460,483 $16,460,483 State General Funds $16,460,483 $16,460,483 $16,460,483 TOTAL FEDERAL FUNDS $1,371,954 $1,371,954 $1,371,954 Federal Funds Not Itemized $1,371,954 $1,371,954 $1,371,954 TOTAL AGENCY FUNDS $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers Not Itemized $7,204,762 $7,204,762 $7,204,762 TOTAL PUBLIC FUNDS $25,037,199 $25,037,199 $25,037,199 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 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 137.100-Non Quality Basic Education Formula Grants Appropriation (HB 75) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $10,900,885 $10,900,885 $10,900,885 State General Funds $10,900,885 $10,900,885 $10,900,885 TOTAL PUBLIC FUNDS $10,900,885 $10,900,885 $10,900,885 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 $22,854,133 $22,854,133 $22,854,133 $22,854,133 $22,854,133 $22,854,133 WEDNESDAY, FEBRUARY 11, 2015 305 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 138.100 -Nutrition Appropriation (HB 75) The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school and comply with federal standards. TOTAL STATE FUNDS $22,854,133 $22,854,133 $22,854,133 State General Funds $22,854,133 $22,854,133 $22,854,133 TOTAL FEDERAL FUNDS $714,191,428 $714,191,428 $714,191,428 Federal Funds Not Itemized $714,191,428 $714,191,428 $714,191,428 TOTAL AGENCY FUNDS $108,824 $108,824 $108,824 Intergovernmental Transfers $108,824 $108,824 $108,824 Intergovernmental Transfers Not Itemized $108,824 $108,824 $108,824 TOTAL PUBLIC FUNDS $737,154,385 $737,154,385 $737,154,385 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 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 139.100 -Preschool Handicapped Appropriation (HB 75) The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $30,051,758 $30,051,758 $30,051,758 State General Funds $30,051,758 $30,051,758 $30,051,758 TOTAL PUBLIC FUNDS $30,051,758 $30,051,758 $30,051,758 306 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 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 140.1 Increase funds to school systems to avoid a funding shortfall in FY2016 and ensure compliance with O.C.G.A. 20-2-165. (S:Consider in the FY2016 General budget) State General Funds $7,478,573 $0 140.100 -Quality Basic Education Equalization Appropriation (HB 75) 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 $479,385,097 $486,863,670 $479,385,097 State General Funds $479,385,097 $486,863,670 $479,385,097 TOTAL PUBLIC FUNDS $479,385,097 $486,863,670 $479,385,097 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 ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) 141.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 75) 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 ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) State General Funds ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) TOTAL PUBLIC FUNDS ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) WEDNESDAY, FEBRUARY 11, 2015 307 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 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 142.1 Increase funds for a midterm adjustment. State General Funds $126,085,516 $126,196,362 $126,196,362 142.2 Increase funds for the State Commission Charter Schools supplement. State General Funds $7,371,346 $7,375,601 $7,375,601 142.3 Increase funds for a midterm adjustment to charter systems grants. State General Funds $2,394,461 $2,394,829 $2,394,829 142.4 Reduce funds for a midterm adjustment for the Special Needs Scholarship. State General Funds ($1,768,546) ($7,364,646) ($7,364,646) 142.5 Reduce funds for a midterm adjustment for Move on When Ready. State General Funds ($35,648) ($60,875) ($60,875) 142.6 Replace funds. State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds: ($191,678,066) ($191,678,066) ($191,678,066) $191,678,066 $191,678,066 $191,678,066 $0 $0 $0 142.100-Quality Basic Education Program Appropriation (HB 75) 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 $9,008,243,771 $9,002,737,913 $9,002,737,913 308 JOURNAL OF THE SENATE State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $8,816,565,705 $8,811,059,847 $8,811,059,847 $191,678,066 $191,678,066 $191,678,066 $9,008,243,771 $9,002,737,913 $9,002,737,913 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 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 143.100-Regional Education Service Agencies Appropriation (HB 75) The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. TOTAL STATE FUNDS $9,941,168 $9,941,168 $9,941,168 State General Funds $9,941,168 $9,941,168 $9,941,168 TOTAL PUBLIC FUNDS $9,941,168 $9,941,168 $9,941,168 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 WEDNESDAY, FEBRUARY 11, 2015 309 144.100 -School Improvement Appropriation (HB 75) 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 $6,094,147 $6,094,147 $6,094,147 State General Funds $6,094,147 $6,094,147 $6,094,147 TOTAL FEDERAL FUNDS $9,227,301 $9,227,301 $9,227,301 Federal Funds Not Itemized $9,227,301 $9,227,301 $9,227,301 TOTAL PUBLIC FUNDS $15,321,448 $15,321,448 $15,321,448 State Charter School Commission Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 145.100 -State Charter School Commission Administration Appropriation (HB 75) 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 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 310 JOURNAL OF THE SENATE 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 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 146.100-State Interagency Transfers Appropriation (HB 75) 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 $22,847,100 $22,847,100 $22,847,100 Federal Funds Not Itemized $22,847,100 $22,847,100 $22,847,100 TOTAL PUBLIC FUNDS $30,945,063 $30,945,063 $30,945,063 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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 WEDNESDAY, FEBRUARY 11, 2015 311 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,844 $3,844 $27,636,450 $3,844 $3,844 $27,636,450 $3,844 $3,844 $27,636,450 147.100 -State Schools Appropriation (HB 75) 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 $25,815,381 $25,815,381 $25,815,381 State General Funds $25,815,381 $25,815,381 $25,815,381 TOTAL FEDERAL FUNDS $863,480 $863,480 $863,480 Federal Funds Not Itemized $843,850 $843,850 $843,850 Maternal & Child Health Services Block Grant CFDA93.994 $19,630 $19,630 $19,630 TOTAL AGENCY FUNDS $957,589 $957,589 $957,589 Intergovernmental Transfers $892,739 $892,739 $892,739 Intergovernmental Transfers Not Itemized $892,739 $892,739 $892,739 Rebates, Refunds, and Reimbursements $61,006 $61,006 $61,006 Rebates, Refunds, and Reimbursements Not Itemized $61,006 $61,006 $61,006 Sales and Services $3,844 $3,844 $3,844 Sales and Services Not Itemized $3,844 $3,844 $3,844 TOTAL PUBLIC FUNDS $27,636,450 $27,636,450 $27,636,450 Technology/Career Education Continuation Budget The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 312 JOURNAL OF THE SENATE 148.1 Transfer funds from the Information Technology Services program to the Technology/Career Education program for vocational industry certification. State General Funds $752,546 $752,546 $752,546 148.100-Technology/Career Education Appropriation (HB 75) The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS $16,865,033 $16,865,033 $16,865,033 State General Funds $16,865,033 $16,865,033 $16,865,033 TOTAL FEDERAL FUNDS $19,947,771 $19,947,771 $19,947,771 Federal Funds Not Itemized $19,947,771 $19,947,771 $19,947,771 TOTAL AGENCY FUNDS $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers Not Itemized $4,779,024 $4,779,024 $4,779,024 TOTAL PUBLIC FUNDS $41,591,828 $41,591,828 $41,591,828 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 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 149.1 Increase funds for the Georgia Milestones assessment. State General Funds $2,402,080 $2,402,080 $2,402,080 149.100 -Testing Appropriation (HB 75) The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. WEDNESDAY, FEBRUARY 11, 2015 313 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $27,088,192 $27,088,192 $19,218,028 $19,218,028 $46,306,220 $27,088,192 $27,088,192 $19,218,028 $19,218,028 $46,306,220 $27,088,192 $27,088,192 $19,218,028 $19,218,028 $46,306,220 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 $1,551,946 150.100 -Tuition for Multi-Handicapped Appropriation (HB 75) 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 $2,443.99. 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 Section Total - Continuation $30,369,769 $30,369,769 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 314 JOURNAL OF THE SENATE Retirement Payments TOTAL PUBLIC FUNDS $19,723,670 $54,160,574 $19,723,670 $54,160,574 $19,723,670 $54,160,574 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 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574 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 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 151.100-Deferred Compensation Appropriation (HB 75) 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 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 WEDNESDAY, FEBRUARY 11, 2015 315 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 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 152.100-Georgia Military Pension Fund Appropriation (HB 75) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,893,369 $1,893,369 $1,893,369 State General Funds $1,893,369 $1,893,369 $1,893,369 TOTAL PUBLIC FUNDS $1,893,369 $1,893,369 $1,893,369 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 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 153.100 -Public School Employees Retirement System Appropriation (HB 75) 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 $28,461,000 $28,461,000 $28,461,000 State General Funds $28,461,000 $28,461,000 $28,461,000 TOTAL PUBLIC FUNDS $28,461,000 $28,461,000 $28,461,000 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 $15,400 $15,400 $15,400 $15,400 $15,400 $15,400 316 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $19,723,670 $19,723,670 $19,723,670 $19,739,070 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $19,723,670 $19,723,670 $19,723,670 $19,739,070 154.100-System Administration Appropriation (HB 75) 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 $15,400 $15,400 $15,400 State General Funds $15,400 $15,400 $15,400 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,723,670 $19,723,670 $19,723,670 State Funds Transfers $19,723,670 $19,723,670 $19,723,670 Retirement Payments $19,723,670 $19,723,670 $19,723,670 TOTAL PUBLIC FUNDS $19,739,070 $19,739,070 $19,739,070 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 21.96% for New Plan employees and 17.21% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 18.87% 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 $736.31 per member for State Fiscal Year 2015. 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 Section Total - Continuation $32,958,632 $32,958,632 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $5,982,769 $5,982,769 $6,835,195 $6,835,195 $187,000 $187,000 $187,000 $187,000 $33,000 $33,000 $33,000 $33,000 $6,615,195 $6,615,195 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 WEDNESDAY, FEBRUARY 11, 2015 317 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 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 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 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 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 318 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $76,288 $3,526,653 $76,288 $3,526,653 $76,288 $3,526,653 155.100-Commission Administration Appropriation (HB 75) 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 $3,401,565 $3,401,565 $3,401,565 State General Funds $3,401,565 $3,401,565 $3,401,565 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 $3,526,653 $3,526,653 $3,526,653 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 Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries, and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 WEDNESDAY, FEBRUARY 11, 2015 319 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $189,000 $189,000 $7,124,776 $189,000 $189,000 $7,124,776 $189,000 $189,000 $7,124,776 156.100-Forest Management Appropriation (HB 75) The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state- owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries, and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS $2,431,473 $2,431,473 $2,431,473 State General Funds $2,431,473 $2,431,473 $2,431,473 TOTAL FEDERAL FUNDS $3,553,571 $3,553,571 $3,553,571 Federal Funds Not Itemized $3,553,571 $3,553,571 $3,553,571 TOTAL AGENCY FUNDS $950,732 $950,732 $950,732 Intergovernmental Transfers $187,000 $187,000 $187,000 Intergovernmental Transfers Not Itemized $187,000 $187,000 $187,000 Sales and Services $763,732 $763,732 $763,732 Sales and Services Not Itemized $763,732 $763,732 $763,732 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $189,000 $189,000 $189,000 State Funds Transfers $189,000 $189,000 $189,000 Agency to Agency Contracts $189,000 $189,000 $189,000 TOTAL PUBLIC FUNDS $7,124,776 $7,124,776 $7,124,776 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 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. 320 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 157.100 -Forest Protection Appropriation (HB 75) 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 STATE FUNDS $27,125,594 $27,125,594 $27,125,594 State General Funds $27,125,594 $27,125,594 $27,125,594 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 $4,741,312 $4,741,312 $4,741,312 Royalties and Rents $33,000 $33,000 $33,000 Royalties and Rents Not Itemized $33,000 $33,000 $33,000 Sales and Services $4,708,312 $4,708,312 $4,708,312 Sales and Services Not Itemized $4,708,312 $4,708,312 $4,708,312 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,000 $15,000 $15,000 State Funds Transfers $15,000 $15,000 $15,000 Agency to Agency Contracts $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $34,128,587 $34,128,587 $34,128,587 WEDNESDAY, FEBRUARY 11, 2015 321 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 158.100 -Tree Seedling Nursery Appropriation (HB 75) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $52,347,978 $52,347,978 $52,347,978 $52,347,978 $30,183,850 $30,183,850 $52,347,978 $52,347,978 $30,183,850 322 JOURNAL OF THE SENATE 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 Section Total - Final $49,916,478 $49,916,478 $30,183,850 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $81,676,373 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $49,499,478 $49,499,478 $30,183,850 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $81,259,373 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $49,467,416 $49,467,416 $30,183,850 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $81,227,311 WEDNESDAY, FEBRUARY 11, 2015 323 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 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 159.1 Transfer funds from the Governor's Emergency Fund program to the Georgia Public Defender Standards Council program for contracts for capital conflict cases and to the Public Defenders program for contracts for conflict cases. State General Funds ($4,000,000) ($4,000,000) ($4,000,000) 159.100-Governor's Emergency Fund Appropriation (HB 75) 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 $7,062,041 $7,062,041 $7,062,041 $7,062,041 $7,062,041 $7,062,041 $7,062,041 $7,062,041 $7,062,041 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 O.C.G.A. 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 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 324 JOURNAL OF THE SENATE 160.100 -Governor's Office Appropriation (HB 75) 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 STATE FUNDS $6,072,026 $6,072,026 $6,072,026 State General Funds $6,072,026 $6,072,026 $6,072,026 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,172,026 $6,172,026 $6,172,026 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 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 161.1 Increase funds for the Education Reform Task Force. State General Funds $1,000,000 $750,000 $750,000 161.100 -Planning and Budget, Governor's Office of Appropriation (HB 75) The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS $9,353,713 $9,103,713 $9,103,713 State General Funds $9,353,713 $9,103,713 $9,103,713 TOTAL PUBLIC FUNDS $9,353,713 $9,103,713 $9,103,713 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. WEDNESDAY, FEBRUARY 11, 2015 325 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 162.100 -Child Advocate, Office of the Appropriation (HB 75) 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 $888,266 $888,266 $888,266 State General Funds $888,266 $888,266 $888,266 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $893,266 $893,266 $893,266 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 TOTAL PUBLIC FUNDS $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 163.100 -Children and Families, Governor's Office for Appropriation (HB 75) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $1,429,645 $1,429,645 $1,429,645 State General Funds $1,429,645 $1,429,645 $1,429,645 TOTAL FEDERAL FUNDS $63,738 $63,738 $63,738 Federal Funds Not Itemized $63,738 $63,738 $63,738 TOTAL PUBLIC FUNDS $1,493,383 $1,493,383 $1,493,383 326 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 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 164.1 Increase funds for personnel to reflect projected expenditures. State General Funds $77,989 $77,989 $77,989 164.100 -Emergency Management Agency, Georgia Appropriation (HB 75) 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 $2,218,499 $2,218,499 $2,218,499 State General Funds $2,218,499 $2,218,499 $2,218,499 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 WEDNESDAY, FEBRUARY 11, 2015 327 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 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,729,537 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,729,537 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,729,537 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 PUBLIC FUNDS $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 165.100-Equal Opportunity, Georgia Commission on Appropriation (HB 75) 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 $670,414 $670,414 $670,414 State General Funds $670,414 $670,414 $670,414 TOTAL PUBLIC FUNDS $670,414 $670,414 $670,414 Professional Standards Commission, Georgia Continuation Budget The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $6,274,340 $6,274,340 $411,930 $411,930 $500 $6,274,340 $6,274,340 $411,930 $411,930 $500 $6,274,340 $6,274,340 $411,930 $411,930 $500 328 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $500 $6,686,770 $500 $500 $6,686,770 $500 $500 $6,686,770 166.100-Professional Standards Commission, Georgia Appropriation (HB 75) The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 167.1 Reduce funds for personnel to reflect projected expenditures. State General Funds ($46,753) ($46,753) ($78,815) WEDNESDAY, FEBRUARY 11, 2015 329 167.100 -Consumer Protection, Governor's Office of Appropriation (HB 75) 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 $4,628,522 $4,628,522 $4,596,460 State General Funds $4,628,522 $4,628,522 $4,596,460 TOTAL AGENCY FUNDS $667,689 $667,689 $667,689 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 $5,296,211 $5,296,211 $5,264,149 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 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 168.100 -Office of the State Inspector General Appropriation (HB 75) 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 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 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. 330 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 169.1 Increase funds for the Governor's Honors Program to meet the projected need. State General Funds $370,264 $370,264 $370,264 169.2 Increase funds for one-time funding for competitive grants to local school systems for technology infrastructure upgrades to meet the projected need. State General Funds $167,000 $0 $0 169.100 -Student Achievement, Office of Appropriation (HB 75) 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 $10,666,250 $10,499,250 $10,499,250 State General Funds $10,666,250 $10,499,250 $10,499,250 TOTAL PUBLIC FUNDS $10,666,250 $10,499,250 $10,499,250 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 Section Total - Continuation $523,873,307 $523,873,307 $517,681,501 $517,681,501 $6,191,806 $6,191,806 $1,102,315,922 $1,102,315,922 $453,603,669 $453,603,669 $22,498 $22,498 $523,873,307 $517,681,501 $6,191,806 $1,102,315,922 $453,603,669 $22,498 WEDNESDAY, FEBRUARY 11, 2015 331 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 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $350,454,501 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $350,454,501 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $350,454,501 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 Section Total - Final $540,494,023 $534,302,217 $6,191,806 $1,122,424,005 $453,603,669 $22,498 $1,166,080 $540,506,523 $534,314,717 $6,191,806 $1,122,424,005 $453,603,669 $22,498 $1,166,080 $540,519,023 $534,327,217 $6,191,806 $1,122,424,005 $453,603,669 $22,498 $1,166,080 332 JOURNAL OF THE SENATE 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 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $209,161 $10,599,773 $16,526,699 $82,994,729 $55,866,874 $79,458,085 $52,778,456 $369,197,981 $363,947,981 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,715,021,724 $209,161 $10,599,773 $16,526,699 $82,994,729 $55,866,874 $79,458,085 $52,778,456 $369,197,981 $363,947,981 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,715,034,224 $209,161 $10,599,773 $16,526,699 $82,994,729 $55,866,874 $79,458,085 $52,778,456 $369,197,981 $363,947,981 $5,250,000 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,715,046,724 Adoptions Services Continuation Budget The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 WEDNESDAY, FEBRUARY 11, 2015 333 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 170.100 -Adoptions Services Appropriation (HB 75) 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 $34,074,571 $34,074,571 $34,074,571 State General Funds $34,074,571 $34,074,571 $34,074,571 TOTAL FEDERAL FUNDS $56,178,865 $56,178,865 $56,178,865 Federal Funds Not Itemized $39,778,865 $39,778,865 $39,778,865 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 $90,299,936 $90,299,936 $90,299,936 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 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 171.100 -After School Care Appropriation (HB 75) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. 334 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 Child Care Services Continuation Budget The purpose of this appropriation is to permit low-income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 173.100 -Child Care Services Appropriation (HB 75) 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 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 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 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 WEDNESDAY, FEBRUARY 11, 2015 335 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 174.100 -Child Support Services Appropriation (HB 75) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $28,323,847 $28,323,847 $28,323,847 State General Funds $28,323,847 $28,323,847 $28,323,847 TOTAL FEDERAL FUNDS $76,405,754 $76,405,754 $76,405,754 Federal Funds Not Itemized $76,285,754 $76,285,754 $76,285,754 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 $107,966,861 $107,966,861 $107,966,861 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 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 336 JOURNAL OF THE SENATE Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 175.1 Increase funds for personnel for 103 additional Child Protective Services caseworkers. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $4,977,117 $1,244,279 $6,221,396 $4,977,117 $1,244,279 $6,221,396 $4,977,117 $1,244,279 $6,221,396 175.2 Increase funds for the Court Appointed Special Advocates (CASA) program due to an increase in the cost of providing criminal background checks. State General Funds $12,500 $25,000 175.100 -Child Welfare Services Appropriation (HB 75) 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 $118,591,218 $118,603,718 $118,616,218 State General Funds $118,591,218 $118,603,718 $118,616,218 TOTAL FEDERAL FUNDS $157,428,913 $157,428,913 $157,428,913 Federal Funds Not Itemized $27,943,131 $27,943,131 $27,943,131 CCDF Mandatory & Matching Funds CFDA93.596 $22,498 $22,498 $22,498 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $200,835 $200,835 $200,835 Foster Care Title IV-E CFDA93.658 $29,468,823 $29,468,823 $29,468,823 Medical Assistance Program CFDA93.778 $154,157 $154,157 $154,157 Social Services Block Grant CFDA93.667 $2,846,970 $2,846,970 $2,846,970 Temporary Assistance for Needy Families $96,792,499 $96,792,499 $96,792,499 Temporary Assistance for Needy Families Grant CFDA93.558 $91,542,499 $91,542,499 $91,542,499 TANF Transfers to Social Services Block Grant per 42 USC 604 $5,250,000 $5,250,000 $5,250,000 WEDNESDAY, FEBRUARY 11, 2015 337 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $112,489 $112,489 $112,489 $276,132,620 $112,489 $112,489 $112,489 $276,145,120 $112,489 $112,489 $112,489 $276,157,620 Child Welfare Services - Special Project Continuation Budget The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010 176.100-Child Welfare Services - Special Project Appropriation (HB 75) The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. TOTAL STATE FUNDS $1,181,946 $1,181,946 $1,181,946 State General Funds $1,181,946 $1,181,946 $1,181,946 TOTAL FEDERAL FUNDS $7,919,064 $7,919,064 $7,919,064 Federal Funds Not Itemized $4,846,394 $4,846,394 $4,846,394 Temporary Assistance for Needy Families $3,072,670 $3,072,670 $3,072,670 Temporary Assistance for Needy Families Grant CFDA93.558 $3,072,670 $3,072,670 $3,072,670 TOTAL PUBLIC FUNDS $9,101,010 $9,101,010 $9,101,010 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 $16,110,137 $0 $0 $16,110,137 $0 $0 $16,110,137 338 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 177.100-Community Services Appropriation (HB 75) 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 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 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 FFIND 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 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 WEDNESDAY, FEBRUARY 11, 2015 339 178.1 Increase funds to reflect changes to the statewide cost allocation methodology for payments for state administrative hearings effective October 1, 2014. State General Funds $460,195 $460,195 $460,195 178.100-Departmental Administration Appropriation (HB 75) 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 $34,945,157 $34,945,157 $34,945,157 State General Funds $34,945,157 $34,945,157 $34,945,157 TOTAL FEDERAL FUNDS $51,913,384 $51,913,384 $51,913,384 Federal Funds Not Itemized $27,835,415 $27,835,415 $27,835,415 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $965,245 $965,245 $965,245 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $243,158 $243,158 $243,158 Foster Care Title IV-E CFDA93.658 $3,870,198 $3,870,198 $3,870,198 Low-Income Home Energy Assistance CFDA93.568 $258,779 $258,779 $258,779 Medical Assistance Program CFDA93.778 $3,726,454 $3,726,454 $3,726,454 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $12,265,599 $12,265,599 $12,265,599 Temporary Assistance for Needy Families Grant CFDA93.558 $12,265,599 $12,265,599 $12,265,599 TOTAL AGENCY FUNDS $13,260,955 $13,260,955 $13,260,955 Sales and Services $13,260,955 $13,260,955 $13,260,955 Sales and Services Not Itemized $13,260,955 $13,260,955 $13,260,955 TOTAL PUBLIC FUNDS $100,119,496 $100,119,496 $100,119,496 Elder Abuse Investigations and Prevention Continuation Budget The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $15,499,746 $15,499,746 $3,573,433 $793,894 $15,499,746 $15,499,746 $3,573,433 $793,894 $15,499,746 $15,499,746 $3,573,433 $793,894 340 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $500,000 $2,279,539 $19,073,179 $500,000 $2,279,539 $19,073,179 $500,000 $2,279,539 $19,073,179 179.100 -Elder Abuse Investigations and Prevention Appropriation (HB 75) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 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 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 180.1 Reduce funds in administrative contracts with Area Agencies on Aging and utilize savings to provide additional services to consumers. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 WEDNESDAY, FEBRUARY 11, 2015 341 180.100 -Elder Community Living Services Appropriation (HB 75) 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 $70,285,342 $70,285,342 $70,285,342 State General Funds $64,093,536 $64,093,536 $64,093,536 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 $111,702,144 $111,702,144 $111,702,144 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 181.100 -Elder Support Services Appropriation (HB 75) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $3,615,507 $3,615,507 $3,615,507 State General Funds $3,615,507 $3,615,507 $3,615,507 TOTAL FEDERAL FUNDS $6,616,268 $6,616,268 $6,616,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 Social Services Block Grant CFDA93.667 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $10,231,775 $10,231,775 $10,231,775 342 JOURNAL OF THE SENATE Energy Assistance Continuation Budget The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568 TOTAL PUBLIC FUNDS $0 $0 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 182.100 -Energy Assistance Appropriation (HB 75) 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 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 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 PUBLIC FUNDS $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 183.100-Family Violence Services Appropriation (HB 75) 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 PUBLIC FUNDS $11,802,450 $11,802,450 $11,802,450 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). WEDNESDAY, FEBRUARY 11, 2015 343 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 184.100 -Federal Eligibility Benefit Services Appropriation (HB 75) 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 $106,707,981 $106,707,981 $106,707,981 State General Funds $106,707,981 $106,707,981 $106,707,981 TOTAL FEDERAL FUNDS $177,263,164 $177,263,164 $177,263,164 Federal Funds Not Itemized $88,457,286 $88,457,286 $88,457,286 FFIND Child Care and Development Block Grant CFDA93.575 $822,427 $822,427 $822,427 Community Services Block Grant CFDA93.569 $173,404 $173,404 $173,404 Foster Care Title IV-E CFDA93.658 $4,168,845 $4,168,845 $4,168,845 Low-Income Home Energy Assistance CFDA93.568 $288,068 $288,068 $288,068 Medical Assistance Program CFDA93.778 $60,139,396 $60,139,396 $60,139,396 Temporary Assistance for Needy Families $23,213,738 $23,213,738 $23,213,738 Temporary Assistance for Needy Families Grant CFDA93.558 $23,213,738 $23,213,738 $23,213,738 TOTAL PUBLIC FUNDS $283,971,145 $283,971,145 $283,971,145 Federal Fund Transfers to Other Agencies Continuation Budget The purpose of this appropriation is to reflect federal funds received by Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. 344 JOURNAL OF THE SENATE 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 185.100-Federal Fund Transfers to Other Agencies Appropriation (HB 75) The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 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 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 186.1 Increase funds for growth in Out-Of-Home Care utilization. State General Funds $9,812,147 $9,812,147 $9,812,147 WEDNESDAY, FEBRUARY 11, 2015 345 Temporary Assistance for Needy Families Grant CFDA93.558 Foster Care Title IV-E CFDA93.658 Total Public Funds: $13,493,480 $5,370,324 $28,675,951 $13,493,480 $5,370,324 $28,675,951 $13,493,480 $5,370,324 $28,675,951 186.100 -Out-of-Home Care Appropriation (HB 75) 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 $82,093,264 $82,093,264 $82,093,264 State General Funds $82,093,264 $82,093,264 $82,093,264 TOTAL FEDERAL FUNDS $156,716,151 $156,716,151 $156,716,151 Federal Funds Not Itemized $164,819 $164,819 $164,819 Foster Care Title IV-E CFDA93.658 $44,867,600 $44,867,600 $44,867,600 Temporary Assistance for Needy Families $111,683,732 $111,683,732 $111,683,732 Temporary Assistance for Needy Families Grant CFDA93.558 $111,683,732 $111,683,732 $111,683,732 TOTAL PUBLIC FUNDS $238,809,415 $238,809,415 $238,809,415 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 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 187.100 -Refugee Assistance Appropriation (HB 75) 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 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 346 JOURNAL OF THE SENATE Child Care Licensing Continuation Budget The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 188.100 -Child Care Licensing Appropriation (HB 75) 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 $1,589,350 $1,589,350 $1,589,350 State General Funds $1,589,350 $1,589,350 $1,589,350 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 $2,208,613 $2,208,613 $2,208,613 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 TOTAL PUBLIC FUNDS $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 189.100-Support for Needy Families - Basic Assistance Appropriation (HB 75) The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. WEDNESDAY, FEBRUARY 11, 2015 347 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 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 Support for Needy Families - Work Assistance Continuation Budget 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 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 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 190.100-Support for Needy Families - Work Assistance Appropriation (HB 75) 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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 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. 348 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 191.100 -Council On Aging Appropriation (HB 75) 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 $227,322 $227,322 $227,322 State General Funds $227,322 $227,322 $227,322 TOTAL PUBLIC FUNDS $227,322 $227,322 $227,322 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 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 192.100-Family Connection Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 349 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 193.100-Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 75) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $277,214 $277,214 $277,214 State General Funds $277,214 $277,214 $277,214 TOTAL FEDERAL FUNDS $696,740 $696,740 $696,740 Federal Funds Not Itemized $696,740 $696,740 $696,740 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,259,236 $2,259,236 $2,259,236 State Funds Transfers $36,000 $36,000 $36,000 Agency to Agency Contracts $36,000 $36,000 $36,000 Federal Funds Indirect $2,223,236 $2,223,236 $2,223,236 FFIND Community Services Block Grant CFDA93.569 $2,223,236 $2,223,236 $2,223,236 TOTAL PUBLIC FUNDS $3,233,190 $3,233,190 $3,233,190 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 $1,426,742 $1,426,742 $6,526,132 $1,426,742 $1,426,742 $6,526,132 $1,426,742 $1,426,742 $6,526,132 350 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,526,132 $7,952,874 $6,526,132 $7,952,874 $6,526,132 $7,952,874 194.1 Reduce funds in contracts and transfer savings from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds ($71,809) ($71,809) ($71,809) 194.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 75) 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 $1,354,933 $1,354,933 $1,354,933 State General Funds $1,354,933 $1,354,933 $1,354,933 TOTAL FEDERAL FUNDS $6,526,132 $6,526,132 $6,526,132 Federal Funds Not Itemized $6,526,132 $6,526,132 $6,526,132 TOTAL PUBLIC FUNDS $7,881,065 $7,881,065 $7,881,065 Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 195.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Appropriation (HB 75) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. WEDNESDAY, FEBRUARY 11, 2015 351 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 196.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 75) 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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Continuation Budget The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. 352 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 197.1 Increase funds to reflect a decrease in federal supplemental payments. State General Funds $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $1,371,257 $1,371,257 $1,371,257 197.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Appropriation (HB 75) The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. TOTAL STATE FUNDS $3,440,300 $3,440,300 $3,440,300 State General Funds $3,440,300 $3,440,300 $3,440,300 TOTAL AGENCY FUNDS $18,519,922 $18,519,922 $18,519,922 Sales and Services $18,519,922 $18,519,922 $18,519,922 Sales and Services Not Itemized $18,519,922 $18,519,922 $18,519,922 TOTAL PUBLIC FUNDS $21,960,222 $21,960,222 $21,960,222 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 INTRA-STATE GOVERNMENT TRANSFERS $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 WEDNESDAY, FEBRUARY 11, 2015 353 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $800,000 $800,000 $93,771,132 $800,000 $800,000 $93,771,132 $800,000 $800,000 $93,771,132 198.1 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds $71,809 $71,809 $71,809 198.100-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 $17,878,727 State General Funds $17,878,727 TOTAL FEDERAL FUNDS $70,804,214 Federal Funds Not Itemized $70,804,214 TOTAL AGENCY FUNDS $4,360,000 Sales and Services $4,360,000 Sales and Services Not Itemized $4,360,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $800,000 State Funds Transfers $800,000 Agency to Agency Contracts $800,000 TOTAL PUBLIC FUNDS $93,842,941 Appropriation (HB 75) $17,878,727 $17,878,727 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,842,941 $17,878,727 $17,878,727 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,842,941 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. 354 JOURNAL OF THE SENATE 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 $19,839,192 $19,839,192 $19,839,192 $19,839,192 $726,955 $726,955 $726,955 $726,955 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $20,905,173 $20,905,173 $19,839,192 $19,839,192 $726,955 $726,955 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173 TOTAL 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 $19,216,973 $19,216,973 $1,349,174 $1,349,174 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173 $19,216,973 $19,216,973 $1,349,174 $1,349,174 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173 $19,303,315 $19,303,315 $1,349,174 $1,349,174 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,991,515 WEDNESDAY, FEBRUARY 11, 2015 355 Departmental Administration Continuation Budget The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire-safe environment. TOTAL STATE FUNDS $1,812,192 $1,812,192 $1,812,192 State General Funds $1,812,192 $1,812,192 $1,812,192 TOTAL PUBLIC FUNDS $1,812,192 $1,812,192 $1,812,192 199.100-Departmental Administration Appropriation (HB 75) 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 $1,812,192 $1,812,192 $1,812,192 State General Funds $1,812,192 $1,812,192 $1,812,192 TOTAL PUBLIC FUNDS $1,812,192 $1,812,192 $1,812,192 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 $774,303 $774,303 $774,303 State General Funds $774,303 $774,303 $774,303 TOTAL PUBLIC FUNDS $774,303 $774,303 $774,303 200.100 -Enforcement Appropriation (HB 75) 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 $774,303 $774,303 $774,303 State General Funds $774,303 $774,303 $774,303 TOTAL PUBLIC FUNDS $774,303 $774,303 $774,303 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. 356 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 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 201.1 Replace funds for manufactured housing inspections and regulatory activities. State General Funds Federal Funds Not Itemized Total Public Funds: ($622,219) $622,219 $0 ($622,219) $622,219 $0 ($622,219) $622,219 $0 201.2 Increase funds for operations and vehicles, recognizing that the agency has $63,658 remaining in their motor vehicle purchasing budget. State General Funds $86,342 201.100-Fire Safety Appropriation (HB 75) 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 $6,467,561 $6,467,561 $6,553,903 State General Funds $6,467,561 $6,467,561 $6,553,903 TOTAL FEDERAL FUNDS $1,342,698 $1,342,698 $1,342,698 Federal Funds Not Itemized $1,342,698 $1,342,698 $1,342,698 TOTAL AGENCY FUNDS $5,000 $5,000 $5,000 Sales and Services $5,000 $5,000 $5,000 Sales and Services Not Itemized $5,000 $5,000 $5,000 WEDNESDAY, FEBRUARY 11, 2015 357 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $334,026 $334,026 $334,026 $8,149,285 $334,026 $334,026 $334,026 $8,149,285 $334,026 $334,026 $334,026 $8,235,627 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 $670,948 $670,948 $670,948 State General Funds $670,948 $670,948 $670,948 TOTAL PUBLIC FUNDS $670,948 $670,948 $670,948 202.100 -Industrial Loan Appropriation (HB 75) 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 $670,948 $670,948 $670,948 State General Funds $670,948 $670,948 $670,948 TOTAL PUBLIC FUNDS $670,948 $670,948 $670,948 Insurance Regulation Continuation Budget The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. TOTAL STATE FUNDS $5,277,604 $5,277,604 $5,277,604 State General Funds $5,277,604 $5,277,604 $5,277,604 TOTAL PUBLIC FUNDS $5,277,604 $5,277,604 $5,277,604 203.100 -Insurance Regulation Appropriation (HB 75) 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. 358 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 204.100 -Special Fraud Appropriation (HB 75) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $4,214,365 $4,214,365 $4,214,365 State General Funds $4,214,365 $4,214,365 $4,214,365 TOTAL FEDERAL FUNDS $6,476 $6,476 $6,476 Federal Funds Not Itemized $6,476 $6,476 $6,476 TOTAL PUBLIC FUNDS $4,220,841 $4,220,841 $4,220,841 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $99,943,154 $99,943,154 $99,943,154 $99,943,154 $30,583,872 $30,583,872 $29,592,192 $29,592,192 $991,680 $991,680 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $153,615,262 $153,615,262 $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 WEDNESDAY, FEBRUARY 11, 2015 359 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 Bureau Administration Continuation Budget The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. TOTAL STATE FUNDS $7,683,937 $7,683,937 $7,683,937 State General Funds $7,683,937 $7,683,937 $7,683,937 TOTAL FEDERAL FUNDS $12,600 $12,600 $12,600 Federal Funds Not Itemized $12,600 $12,600 $12,600 TOTAL PUBLIC FUNDS $7,696,537 $7,696,537 $7,696,537 205.100-Bureau Administration Appropriation (HB 75) 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 $7,683,937 $7,683,937 $7,683,937 State General Funds $7,683,937 $7,683,937 $7,683,937 TOTAL FEDERAL FUNDS $12,600 $12,600 $12,600 Federal Funds Not Itemized $12,600 $12,600 $12,600 TOTAL PUBLIC FUNDS $7,696,537 $7,696,537 $7,696,537 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. 360 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 206.100-Criminal Justice Information Services Appropriation (HB 75) 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 $4,221,183 $4,221,183 $4,221,183 State General Funds $4,221,183 $4,221,183 $4,221,183 TOTAL FEDERAL FUNDS $123,685 $123,685 $123,685 Federal Funds Not Itemized $123,685 $123,685 $123,685 TOTAL AGENCY FUNDS $6,308,894 $6,308,894 $6,308,894 Sales and Services $6,308,894 $6,308,894 $6,308,894 Sales and Services Not Itemized $6,308,894 $6,308,894 $6,308,894 TOTAL PUBLIC FUNDS $10,653,762 $10,653,762 $10,653,762 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 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 WEDNESDAY, FEBRUARY 11, 2015 361 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $157,865 $157,865 $31,983,863 $157,865 $157,865 $31,983,863 $157,865 $157,865 $31,983,863 207.100-Forensic Scientific Services Appropriation (HB 75) 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 $31,759,867 $31,759,867 $31,759,867 State General Funds $31,759,867 $31,759,867 $31,759,867 TOTAL FEDERAL FUNDS $66,131 $66,131 $66,131 Federal Funds Not Itemized $66,131 $66,131 $66,131 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 $31,983,863 $31,983,863 $31,983,863 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 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 362 JOURNAL OF THE SENATE 208.100 -Regional Investigative Services Appropriation (HB 75) 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 $33,656,496 $33,656,496 $33,656,496 State General Funds $33,656,496 $33,656,496 $33,656,496 TOTAL FEDERAL FUNDS $1,157,065 $1,157,065 $1,157,065 Federal Funds Not Itemized $1,157,065 $1,157,065 $1,157,065 TOTAL AGENCY FUNDS $71,199 $71,199 $71,199 Sales and Services $71,199 $71,199 $71,199 Sales and Services Not Itemized $71,199 $71,199 $71,199 TOTAL PUBLIC FUNDS $34,884,760 $34,884,760 $34,884,760 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 209.100-Criminal Justice Coordinating Council Appropriation (HB 75) 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 $22,621,671 $22,621,671 $22,621,671 State General Funds $22,621,671 $22,621,671 $22,621,671 WEDNESDAY, FEBRUARY 11, 2015 363 TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 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 Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 Section Total - Continuation $306,918,411 $306,918,411 $306,918,411 $306,918,411 $5,981,599 $5,981,599 $4,450,373 $4,450,373 $1,531,226 $1,531,226 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $313,332,253 $313,332,253 $306,918,411 $306,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $313,332,253 Section Total - Final $303,918,411 $303,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $303,918,411 $303,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $303,918,411 $303,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 364 JOURNAL OF THE SENATE Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $351,158 $351,158 $310,332,253 $351,158 $351,158 $310,332,253 $351,158 $351,158 $310,332,253 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 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 $83,678,879 $83,678,879 $83,678,879 State General Funds $83,678,879 $83,678,879 $83,678,879 TOTAL FEDERAL FUNDS $1,373,480 $1,373,480 $1,373,480 Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $351,158 $351,158 $351,158 Federal Funds Transfers $351,158 $351,158 $351,158 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 TOTAL PUBLIC FUNDS $85,403,517 $85,403,517 $85,403,517 211.1 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds $1,500,000 $1,500,000 $1,500,000 211.100-Community Services Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 365 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $85,178,879 $85,178,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $86,903,517 $85,178,879 $85,178,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $86,903,517 $85,178,879 $85,178,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $86,903,517 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 Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 212.100-Departmental Administration Appropriation (HB 75) 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 $23,236,761 $23,236,761 $23,236,761 State General Funds $23,236,761 $23,236,761 $23,236,761 TOTAL FEDERAL FUNDS $1,004,957 $1,004,957 $1,004,957 Federal Funds Not Itemized $847,211 $847,211 $847,211 Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 TOTAL AGENCY FUNDS $15,299 $15,299 $15,299 Sales and Services $15,299 $15,299 $15,299 366 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,299 $24,257,017 $15,299 $24,257,017 $15,299 $24,257,017 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, 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 PUBLIC FUNDS $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 213.1 Reduce funds for personnel to reflect projected expenditures. State General Funds ($3,000,000) ($3,000,000) ($3,000,000) 213.100 -Secure Commitment (YDCs) Appropriation (HB 75) 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, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $87,797,738 $87,797,738 $87,797,738 State General Funds $87,797,738 $87,797,738 $87,797,738 TOTAL FEDERAL FUNDS $2,035,102 $2,035,102 $2,035,102 Federal Funds Not Itemized $2,035,102 $2,035,102 $2,035,102 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 PUBLIC FUNDS $89,856,429 $89,856,429 $89,856,429 WEDNESDAY, FEBRUARY 11, 2015 367 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, or sentenced to the Short Term 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 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 214.1 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 214.100 -Secure Detention (RYDCs) Appropriation (HB 75) 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, or sentenced to the Short Term Program. TOTAL STATE FUNDS $107,705,033 $107,705,033 $107,705,033 State General Funds $107,705,033 $107,705,033 $107,705,033 TOTAL FEDERAL FUNDS $1,568,060 $1,568,060 $1,568,060 Federal Funds Not Itemized $1,568,060 $1,568,060 $1,568,060 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 TOTAL PUBLIC FUNDS $109,315,290 $109,315,290 $109,315,290 368 JOURNAL OF THE SENATE 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $12,692,804 $12,692,804 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $136,826,607 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $12,692,804 $12,692,804 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 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 $1,600,435 $1,600,435 $1,600,435 $1,600,435 $1,600,435 $1,600,435 WEDNESDAY, FEBRUARY 11, 2015 369 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 215.100 -Department of Labor Administration Appropriation (HB 75) 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 $1,600,435 $1,600,435 $1,600,435 State General Funds $1,600,435 $1,600,435 $1,600,435 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,053,000 $33,053,000 $33,053,000 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 $2,249,873 216.100 -Labor Market Information Appropriation (HB 75) 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 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 370 JOURNAL OF THE SENATE Unemployment Insurance Continuation Budget The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 217.1 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program for Regulation of Youth Employment operations. State General Funds ($201,439) ($201,439) ($201,439) 217.100 -Unemployment Insurance Appropriation (HB 75) 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 $4,163,561 $4,163,561 $4,163,561 State General Funds $4,163,561 $4,163,561 $4,163,561 TOTAL FEDERAL FUNDS $34,599,186 $34,599,186 $34,599,186 Federal Funds Not Itemized $34,599,186 $34,599,186 $34,599,186 TOTAL PUBLIC FUNDS $38,762,747 $38,762,747 $38,762,747 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 WEDNESDAY, FEBRUARY 11, 2015 371 Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,069,666 $62,559,548 $1,069,666 $62,559,548 $1,069,666 $62,559,548 218.1 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program for Regulation of Youth Employment operations. State General Funds $201,439 $201,439 $201,439 218.100 -Workforce Solutions Appropriation (HB 75) 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 $6,928,808 $6,928,808 $6,928,808 State General Funds $6,928,808 $6,928,808 $6,928,808 TOTAL FEDERAL FUNDS $54,762,513 $54,762,513 $54,762,513 Federal Funds Not Itemized $54,762,513 $54,762,513 $54,762,513 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,069,666 $1,069,666 $1,069,666 Agency Funds Transfers $1,069,666 $1,069,666 $1,069,666 Agency Fund Transfers Not Itemized $1,069,666 $1,069,666 $1,069,666 TOTAL PUBLIC FUNDS $62,760,987 $62,760,987 $62,760,987 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 TOTAL PUBLIC FUNDS Section Total - Continuation $21,242,362 $21,242,362 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $61,429,477 $61,429,477 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 372 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 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 TOTAL PUBLIC FUNDS $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 220.100 -Law, Department of Appropriation (HB 75) 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 $19,958,526 $19,958,526 $19,958,526 WEDNESDAY, FEBRUARY 11, 2015 373 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 TOTAL PUBLIC FUNDS $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 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 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 221.100 -Medicaid Fraud Control Unit Appropriation (HB 75) 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 $1,283,836 $1,283,836 $1,283,836 State General Funds $1,283,836 $1,283,836 $1,283,836 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 $4,883,937 $4,883,937 $4,883,937 374 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 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 TOTAL PUBLIC FUNDS Section Total - Continuation $101,016,923 $101,016,923 $101,016,923 $101,016,923 $46,510,538 $46,510,538 $46,498,931 $46,498,931 $11,607 $11,607 $96,232,484 $96,232,484 $1,074,536 $1,074,536 $1,074,536 $1,074,536 $577,695 $577,695 $577,695 $577,695 $13,907 $13,907 $13,907 $13,907 $54,540 $54,540 $54,540 $54,540 $94,511,806 $94,511,806 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $243,789,945 $243,789,945 $101,016,923 $101,016,923 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945 Section Total - Final TOTAL STATE FUNDS $101,791,453 State General Funds $101,791,453 TOTAL FEDERAL FUNDS $46,510,538 Federal Funds Not Itemized $46,498,931 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 TOTAL AGENCY FUNDS $96,232,484 Contributions, Donations, and Forfeitures $1,074,536 Contributions, Donations, and Forfeitures Not Itemized $1,074,536 Intergovernmental Transfers $577,695 $101,791,453 $101,791,453 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $101,791,453 $101,791,453 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 WEDNESDAY, FEBRUARY 11, 2015 375 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 TOTAL PUBLIC FUNDS $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $244,564,475 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $244,564,475 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $244,564,475 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 376 JOURNAL OF THE SENATE 222.100 -Coastal Resources Appropriation (HB 75) 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 $2,100,911 $2,100,911 $2,100,911 State General Funds $2,100,911 $2,100,911 $2,100,911 TOTAL FEDERAL FUNDS $5,054,621 $5,054,621 $5,054,621 Federal Funds Not Itemized $5,054,621 $5,054,621 $5,054,621 TOTAL AGENCY FUNDS $107,925 $107,925 $107,925 Contributions, Donations, and Forfeitures $63,760 $63,760 $63,760 Contributions, Donations, and Forfeitures Not Itemized $63,760 $63,760 $63,760 Royalties and Rents $37,165 $37,165 $37,165 Royalties and Rents Not Itemized $37,165 $37,165 $37,165 Sales and Services $7,000 $7,000 $7,000 Sales and Services Not Itemized $7,000 $7,000 $7,000 TOTAL PUBLIC FUNDS $7,263,457 $7,263,457 $7,263,457 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 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 223.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support for all programs of the department. WEDNESDAY, FEBRUARY 11, 2015 377 TOTAL 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 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 Environmental Protection Continuation Budget The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 378 JOURNAL OF THE SENATE 224.100 -Environmental Protection Appropriation (HB 75) The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS $29,550,306 $29,550,306 $29,550,306 State General Funds $29,550,306 $29,550,306 $29,550,306 TOTAL FEDERAL FUNDS $24,910,777 $24,910,777 $24,910,777 Federal Funds Not Itemized $24,910,777 $24,910,777 $24,910,777 TOTAL AGENCY FUNDS $55,793,855 $55,793,855 $55,793,855 Intergovernmental Transfers $551,768 $551,768 $551,768 Intergovernmental Transfers Not Itemized $551,768 $551,768 $551,768 Sales and Services $55,242,087 $55,242,087 $55,242,087 Sales and Services Not Itemized $55,242,087 $55,242,087 $55,242,087 TOTAL PUBLIC FUNDS $110,254,938 $110,254,938 $110,254,938 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 $4,027,423 $4,027,423 $4,027,423 State General Funds $4,027,423 $4,027,423 $4,027,423 TOTAL PUBLIC FUNDS $4,027,423 $4,027,423 $4,027,423 225.100 -Hazardous Waste Trust Fund Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 379 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 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 $1,603,878 $1,603,878 $1,603,878 State General Funds $1,603,878 $1,603,878 $1,603,878 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 $2,624,665 $2,624,665 $2,624,665 226.100-Historic Preservation Appropriation (HB 75) 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 $1,603,878 $1,603,878 $1,603,878 State General Funds $1,603,878 $1,603,878 $1,603,878 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 $2,624,665 $2,624,665 $2,624,665 Law Enforcement Continuation Budget The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. 380 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 227.1 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds $161,098 $161,098 $161,098 227.100 -Law Enforcement Appropriation (HB 75) The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. TOTAL STATE FUNDS $17,651,124 $17,651,124 $17,651,124 State General Funds $17,651,124 $17,651,124 $17,651,124 TOTAL FEDERAL FUNDS $2,248,458 $2,248,458 $2,248,458 Federal Funds Not Itemized $2,248,458 $2,248,458 $2,248,458 TOTAL AGENCY FUNDS $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 $3,657 TOTAL PUBLIC FUNDS $19,903,239 $19,903,239 $19,903,239 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 $14,710,117 $14,710,117 $14,710,117 $14,710,117 $14,710,117 $14,710,117 WEDNESDAY, FEBRUARY 11, 2015 381 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 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 228.1 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds ($161,098) ($161,098) ($161,098) 228.100 -Parks, Recreation and Historic Sites Appropriation (HB 75) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,549,019 $14,549,019 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $47,873,039 $14,549,019 $14,549,019 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $47,873,039 $14,549,019 $14,549,019 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $47,873,039 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. 382 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 229.100 -Solid Waste Trust Fund Appropriation (HB 75) The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. TOTAL STATE FUNDS $2,720,775 $2,720,775 $2,720,775 State General Funds $2,720,775 $2,720,775 $2,720,775 TOTAL PUBLIC FUNDS $2,720,775 $2,720,775 $2,720,775 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 WEDNESDAY, FEBRUARY 11, 2015 383 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $30,000 $30,000 $30,000 $37,324,542 $30,000 $30,000 $30,000 $37,324,542 $30,000 $30,000 $30,000 $37,324,542 230.1 Increase funds for the Wildlife Endowment Fund based on actual lifetime sportsman's license revenues in FY2014 and for prior years. State General Funds $774,530 $774,530 $774,530 230.100 -Wildlife Resources Appropriation (HB 75) 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS $17,939,215 $17,939,215 $17,939,215 State General Funds $17,939,215 $17,939,215 $17,939,215 TOTAL FEDERAL FUNDS $11,461,866 $11,461,866 $11,461,866 Federal Funds Not Itemized $11,461,866 $11,461,866 $11,461,866 TOTAL AGENCY FUNDS $8,667,991 $8,667,991 $8,667,991 Contributions, Donations, and Forfeitures $99,286 $99,286 $99,286 Contributions, Donations, and Forfeitures Not Itemized $99,286 $99,286 $99,286 Intergovernmental Transfers $25,927 $25,927 $25,927 Intergovernmental Transfers Not Itemized $25,927 $25,927 $25,927 Rebates, Refunds, and Reimbursements $10,250 $10,250 $10,250 Rebates, Refunds, and Reimbursements Not Itemized $10,250 $10,250 $10,250 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $8,515,153 $8,515,153 $8,515,153 Sales and Services Not Itemized $8,515,153 $8,515,153 $8,515,153 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 $38,099,072 $38,099,072 $38,099,072 384 JOURNAL OF THE SENATE Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department. 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 $54,171,545 $54,171,545 $54,171,545 $54,171,545 $806,050 $806,050 $806,050 $806,050 $54,977,595 $54,977,595 $54,171,545 $54,171,545 $806,050 $806,050 $54,977,595 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $54,322,792 $54,322,792 $806,050 $806,050 $55,128,842 $54,322,792 $54,322,792 $806,050 $806,050 $55,128,842 $54,322,792 $54,322,792 $806,050 $806,050 $55,128,842 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 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 231.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,085,089 State General Funds $5,085,089 TOTAL PUBLIC FUNDS $5,085,089 Appropriation (HB 75) $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 WEDNESDAY, FEBRUARY 11, 2015 385 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 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 232.100 -Clemency Decisions Appropriation (HB 75) 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 $12,179,555 $12,179,555 $12,179,555 State General Funds $12,179,555 $12,179,555 $12,179,555 TOTAL PUBLIC FUNDS $12,179,555 $12,179,555 $12,179,555 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 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 233.1 Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative. State General Funds $116,783 $116,783 $116,783 233.2 Increase funds for personnel for one reentry housing coordinator position. State General Funds $34,464 $34,464 $34,464 386 JOURNAL OF THE SENATE 233.100 -Parole Supervision Appropriation (HB 75) 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 $36,585,652 $36,585,652 $36,585,652 State General Funds $36,585,652 $36,585,652 $36,585,652 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $37,391,702 $37,391,702 $37,391,702 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 for victims to the state corrections system. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 234.100-Victim Services Appropriation (HB 75) 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 STATE FUNDS $472,496 $472,496 $472,496 State General Funds $472,496 $472,496 $472,496 TOTAL PUBLIC FUNDS $472,496 $472,496 $472,496 Section 35: Properties Commission, State Section Total - Continuation TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 WEDNESDAY, FEBRUARY 11, 2015 387 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,699,337 $1,699,337 $1,699,337 $1,750,000 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 235.100-Properties Commission, State Appropriation (HB 75) 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. 388 JOURNAL OF THE SENATE 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $0 236.1 Reduce funds for payment to the Office of the State Treasurer from $845,934 to $595,934 to provide additional trooper support for Capitol Police. (Total Funds: $595,934)(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 $42,672,664 $42,672,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $43,012,664 $43,012,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $43,012,664 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Section Total - Final $46,957,226 $46,957,226 $340,000 $340,000 $46,957,226 $46,957,226 $340,000 $340,000 $46,957,226 $46,957,226 $340,000 $340,000 WEDNESDAY, FEBRUARY 11, 2015 389 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $47,297,226 $340,000 $47,297,226 $340,000 $47,297,226 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 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 237.1 Increase funds for one-time funding for the replacement of aging computer equipment no longer supported by Microsoft. State General Funds $284,562 $284,562 $284,562 237.2 Transfer funds from the Governor's Emergency Fund program to the Public Defender Standards Council program for contracts for capital conflict cases. State General Funds $375,000 $375,000 $375,000 237.100 -Public Defender Standards Council Appropriation (HB 75) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $7,224,421 $7,224,421 $340,000 $340,000 $340,000 $7,564,421 $7,224,421 $7,224,421 $340,000 $340,000 $340,000 $7,564,421 $7,224,421 $7,224,421 $340,000 $340,000 $340,000 $7,564,421 390 JOURNAL OF THE SENATE Public Defenders Continuation Budget The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 238.1 Transfer funds from the Governor's Emergency Fund program to the Public Defenders program for contracts for conflict cases. State General Funds $3,625,000 $3,625,000 $3,625,000 238.100 -Public Defenders Appropriation (HB 75) 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 $39,732,805 $39,732,805 $39,732,805 State General Funds $39,732,805 $39,732,805 $39,732,805 TOTAL PUBLIC FUNDS $39,732,805 $39,732,805 $39,732,805 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 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Section Total - Continuation $232,260,878 $232,260,878 $216,758,954 $216,758,954 $13,717,860 $13,717,860 $1,784,064 $1,784,064 $395,911,567 $395,911,567 $366,238,853 $366,238,853 $16,864,606 $16,864,606 $2,403,579 $2,403,579 $10,404,529 $10,404,529 $9,700,967 $9,700,967 $232,260,878 $216,758,954 $13,717,860 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 WEDNESDAY, FEBRUARY 11, 2015 391 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures 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 Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 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 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Final $232,912,775 $217,410,851 $13,717,860 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $232,912,775 $217,410,851 $13,717,860 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $232,912,775 $217,410,851 $13,717,860 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 392 JOURNAL OF THE SENATE Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $190,517 $190,517 $639,296,826 $190,517 $190,517 $639,296,826 $190,517 $190,517 $639,296,826 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 239.1 Increase funds to replace the loss of federal funds. State General Funds $651,897 $651,897 $651,897 239.100-Adolescent and Adult Health Promotion Appropriation (HB 75) 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 $11,194,348 $11,194,348 $11,194,348 State General Funds $4,337,169 $4,337,169 $4,337,169 Tobacco Settlement Funds $6,857,179 $6,857,179 $6,857,179 WEDNESDAY, FEBRUARY 11, 2015 393 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $31,407,129 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $31,407,129 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $31,407,129 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 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 240.100 -Adult Essential Health Treatment Services Appropriation (HB 75) 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 $6,613,249 $6,613,249 $6,613,249 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 $6,913,249 $6,913,249 $6,913,249 394 JOURNAL OF THE SENATE 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 241.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $21,816,322 $21,816,322 $21,816,322 State General Funds $21,684,527 $21,684,527 $21,684,527 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $8,312,856 $8,312,856 $8,312,856 Federal Funds Not Itemized $7,045,918 $7,045,918 $7,045,918 Preventive Health & Health Services Block Grant CFDA93.991 $1,266,938 $1,266,938 $1,266,938 TOTAL AGENCY FUNDS $3,945,000 $3,945,000 $3,945,000 Rebates, Refunds, and Reimbursements $3,500,000 $3,500,000 $3,500,000 Rebates, Refunds, and Reimbursements Not Itemized $3,500,000 $3,500,000 $3,500,000 Sales and Services $445,000 $445,000 $445,000 Sales and Services Not Itemized $445,000 $445,000 $445,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $190,517 $190,517 $190,517 WEDNESDAY, FEBRUARY 11, 2015 395 Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $190,517 $190,517 $34,264,695 $190,517 $190,517 $34,264,695 $190,517 $190,517 $34,264,695 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 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 242.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 75) 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 $2,531,764 $2,531,764 $2,531,764 State General Funds $2,531,764 $2,531,764 $2,531,764 TOTAL FEDERAL FUNDS $23,675,473 $23,675,473 $23,675,473 Federal Funds Not Itemized $23,125,473 $23,125,473 $23,125,473 Maternal & Child Health Services Block Grant CFDA93.994 $350,000 $350,000 $350,000 Preventive Health & Health Services Block Grant CFDA93.991 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $976 $976 $976 Sales and Services $976 $976 $976 396 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 $171,000 $171,000 $171,000 $26,379,213 $976 $171,000 $171,000 $171,000 $26,379,213 $976 $171,000 $171,000 $171,000 $26,379,213 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 PUBLIC FUNDS $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 243.100 -Epidemiology Appropriation (HB 75) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,382,990 $4,382,990 $4,382,990 State General Funds $4,267,353 $4,267,353 $4,267,353 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,749,343 $6,749,343 $6,749,343 Federal Funds Not Itemized $6,552,593 $6,552,593 $6,552,593 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 PUBLIC FUNDS $11,157,489 $11,157,489 $11,157,489 WEDNESDAY, FEBRUARY 11, 2015 397 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 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 244.100 -Immunization Appropriation (HB 75) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance. TOTAL STATE FUNDS $2,520,627 $2,520,627 $2,520,627 State General Funds $2,520,627 $2,520,627 $2,520,627 TOTAL FEDERAL FUNDS $2,061,486 $2,061,486 $2,061,486 Federal Funds Not Itemized $2,061,486 $2,061,486 $2,061,486 TOTAL AGENCY FUNDS $4,649,702 $4,649,702 $4,649,702 Rebates, Refunds, and Reimbursements $4,649,702 $4,649,702 $4,649,702 Rebates, Refunds, and Reimbursements Not Itemized $4,649,702 $4,649,702 $4,649,702 TOTAL PUBLIC FUNDS $9,231,815 $9,231,815 $9,231,815 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 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 398 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $84,403 $84,403 $84,403 $43,580,606 $84,403 $84,403 $84,403 $43,580,606 $84,403 $84,403 $84,403 $43,580,606 245.100-Infant and Child Essential Health Treatment Services Appropriation (HB 75) 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 $20,750,225 $20,750,225 $20,750,225 State General Funds $20,750,225 $20,750,225 $20,750,225 TOTAL FEDERAL FUNDS $22,745,978 $22,745,978 $22,745,978 Federal Funds Not Itemized $14,008,298 $14,008,298 $14,008,298 Maternal & Child Health Services Block Grant CFDA93.994 $8,605,171 $8,605,171 $8,605,171 Preventive Health & Health Services Block Grant CFDA93.991 $132,509 $132,509 $132,509 TOTAL AGENCY FUNDS $84,403 $84,403 $84,403 Contributions, Donations, and Forfeitures $84,403 $84,403 $84,403 Contributions, Donations, and Forfeitures Not Itemized $84,403 $84,403 $84,403 TOTAL PUBLIC FUNDS $43,580,606 $43,580,606 $43,580,606 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 WEDNESDAY, FEBRUARY 11, 2015 399 246.100 -Infant and Child Health Promotion Appropriation (HB 75) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,760,063 $12,760,063 $12,760,063 State General Funds $12,760,063 $12,760,063 $12,760,063 TOTAL FEDERAL FUNDS $263,629,246 $263,629,246 $263,629,246 Federal Funds Not Itemized $256,236,639 $256,236,639 $256,236,639 Maternal & Child Health Services Block Grant CFDA93.994 $7,392,607 $7,392,607 $7,392,607 TOTAL AGENCY FUNDS $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures Not Itemized $86,587 $86,587 $86,587 TOTAL PUBLIC FUNDS $276,475,896 $276,475,896 $276,475,896 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 247.100 -Infectious Disease Control Appropriation (HB 75) 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 $31,510,791 $31,510,791 $31,510,791 State General Funds $31,510,791 $31,510,791 $31,510,791 TOTAL FEDERAL FUNDS $47,927,661 $47,927,661 $47,927,661 Federal Funds Not Itemized $47,927,661 $47,927,661 $47,927,661 TOTAL AGENCY FUNDS $13,009 $13,009 $13,009 400 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $13,009 $13,009 $79,451,461 $13,009 $13,009 $79,451,461 $13,009 $13,009 $79,451,461 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, and swimming pools. TOTAL STATE FUNDS State General 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 PUBLIC FUNDS $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 248.100-Inspections and Environmental Hazard Control Appropriation (HB 75) 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 STATE FUNDS State General 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 PUBLIC FUNDS $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 WEDNESDAY, FEBRUARY 11, 2015 401 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 PUBLIC FUNDS $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 249.100 -Public Health Formula Grants to Counties Appropriation (HB 75) 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 $93,242,955 $93,242,955 $93,242,955 State General Funds $93,242,955 $93,242,955 $93,242,955 TOTAL PUBLIC FUNDS $93,242,955 $93,242,955 $93,242,955 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 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 250.100-Vital Records Appropriation (HB 75) 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 $3,729,971 $3,729,971 $3,729,971 State General Funds $3,729,971 $3,729,971 $3,729,971 TOTAL FEDERAL FUNDS $530,680 $530,680 $530,680 Federal Funds Not Itemized $530,680 $530,680 $530,680 TOTAL PUBLIC FUNDS $4,260,651 $4,260,651 $4,260,651 402 JOURNAL OF THE SENATE Brain and Spinal Injury Trust Fund Continuation Budget The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. TOTAL STATE FUNDS State General Funds Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 251.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 75) 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 $1,784,064 $1,784,064 $1,784,064 Brain & Spinal Injury Trust Fund $1,784,064 $1,784,064 $1,784,064 TOTAL PUBLIC FUNDS $1,784,064 $1,784,064 $1,784,064 Georgia Trauma Care Network Commission Continuation Budget The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 252.100-Georgia Trauma Care Network Commission Appropriation (HB 75) The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS $16,360,468 $16,360,468 $16,360,468 State General Funds $16,360,468 $16,360,468 $16,360,468 TOTAL PUBLIC FUNDS $16,360,468 $16,360,468 $16,360,468 WEDNESDAY, FEBRUARY 11, 2015 403 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $130,656,876 $130,656,876 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $45,092,735 $45,092,735 $26,519,089 $26,519,089 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $17,773,646 $17,773,646 $800,000 $800,000 $800,000 $800,000 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $200,326,921 $200,326,921 Section Total - Final $136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181 $136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921 $136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181 404 JOURNAL OF THE SENATE 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 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 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 253.100 -Aviation Appropriation (HB 75) 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 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 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 WEDNESDAY, FEBRUARY 11, 2015 405 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 $7,372,499 254.100 -Capitol Police Services Appropriation (HB 75) 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 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 406 JOURNAL OF THE SENATE 255.100-Departmental Administration Appropriation (HB 75) 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 $8,483,941 $8,483,941 $8,483,941 State General Funds $8,483,941 $8,483,941 $8,483,941 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 $8,629,022 $8,629,022 $8,629,022 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 256.1 Increase funds for personnel and operations to meet projected expenditures. State General Funds $3,183,005 $3,183,005 $3,183,005 WEDNESDAY, FEBRUARY 11, 2015 407 256.100-Field Offices and Services Appropriation (HB 75) 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 $93,064,112 $93,064,112 $93,064,112 State General Funds $93,064,112 $93,064,112 $93,064,112 TOTAL FEDERAL FUNDS $2,611,501 $2,611,501 $2,611,501 Federal Funds Not Itemized $2,611,501 $2,611,501 $2,611,501 TOTAL AGENCY FUNDS $14,257,745 $14,257,745 $14,257,745 Intergovernmental Transfers $13,407,745 $13,407,745 $13,407,745 Intergovernmental Transfers Not Itemized $13,407,745 $13,407,745 $13,407,745 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 Sanctions, Fines, and Penalties $800,000 $800,000 $800,000 Sanctions, Fines, and Penalties Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $109,933,358 $109,933,358 $109,933,358 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 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 408 JOURNAL OF THE SENATE 257.100-Motor Carrier Compliance Appropriation (HB 75) 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 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 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 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 258.100 -Troop J Specialty Units Appropriation (HB 75) 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 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 WEDNESDAY, FEBRUARY 11, 2015 409 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 firefighters. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 259.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 75) 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 STATE FUNDS $679,657 $679,657 $679,657 State General Funds $679,657 $679,657 $679,657 TOTAL PUBLIC FUNDS $679,657 $679,657 $679,657 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 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 410 JOURNAL OF THE SENATE 260.1 Increase funds based on prior year's collections for driver education and training in accordance with Joshua's Law SB231 (2013 Session). State General Funds $2,751,255 $2,751,255 $2,751,255 260.100 -Highway Safety, Office of Appropriation (HB 75) 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 $6,234,974 $6,234,974 $6,234,974 State General Funds $6,234,974 $6,234,974 $6,234,974 TOTAL FEDERAL FUNDS $17,358,120 $17,358,120 $17,358,120 Federal Funds Not Itemized $17,358,120 $17,358,120 $17,358,120 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 $199,180 $199,180 $199,180 State Funds Transfers $199,180 $199,180 $199,180 Agency to Agency Contracts $199,180 $199,180 $199,180 TOTAL PUBLIC FUNDS $24,129,376 $24,129,376 $24,129,376 Peace Officer Standards and Training Council, Georgia Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 261.1 Increase funds for operations to meet projected expenditures. State General Funds $80,000 $80,000 $80,000 WEDNESDAY, FEBRUARY 11, 2015 411 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 75) 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 STATE FUNDS $1,940,222 $1,940,222 $1,940,222 State General Funds $1,940,222 $1,940,222 $1,940,222 TOTAL AGENCY FUNDS $558,051 $558,051 $558,051 Sales and Services $558,051 $558,051 $558,051 Sales and Services Not Itemized $558,051 $558,051 $558,051 TOTAL PUBLIC FUNDS $2,498,273 $2,498,273 $2,498,273 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 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 262.100-Public Safety Training Center, Georgia Appropriation (HB 75) 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. 412 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $8,056,996 $8,056,996 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $9,400,096 $9,400,096 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096 $8,132,763 $8,132,763 $1,343,100 $1,343,100 $9,475,863 $8,117,763 $8,117,763 $1,343,100 $1,343,100 $9,460,863 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 $1,167,057 $1,167,057 $1,167,057 $1,167,057 $1,167,057 $1,167,057 WEDNESDAY, FEBRUARY 11, 2015 413 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $83,500 $83,500 $1,250,557 $83,500 $83,500 $1,250,557 263.1 Increase funds for aging and outdated hardware for information technology infrastructure. State General Funds $30,767 $83,500 $83,500 $1,250,557 $30,767 263.100-Commission Administration Appropriation (HB 75) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,167,057 $1,197,824 $1,197,824 State General Funds $1,167,057 $1,197,824 $1,197,824 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 TOTAL PUBLIC FUNDS $1,250,557 $1,281,324 $1,281,324 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 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 264.100-Facility Protection Appropriation (HB 75) 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 $1,008,888 $1,008,888 $1,008,888 State General Funds $1,008,888 $1,008,888 $1,008,888 TOTAL FEDERAL FUNDS $1,231,100 $1,231,100 $1,231,100 Federal Funds Not Itemized $1,231,100 $1,231,100 $1,231,100 TOTAL PUBLIC FUNDS $2,239,988 $2,239,988 $2,239,988 414 JOURNAL OF THE SENATE Utilities Regulation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 265.1 Increase funds for personnel for one cost review analyst for the Plant Vogtle project. State General Funds $45,000 $30,000 265.100 -Utilities Regulation Appropriation (HB 75) 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 $5,881,051 $5,926,051 $5,911,051 State General Funds $5,881,051 $5,926,051 $5,911,051 TOTAL FEDERAL FUNDS $28,500 $28,500 $28,500 Federal Funds Not Itemized $28,500 $28,500 $28,500 TOTAL PUBLIC FUNDS $5,909,551 $5,954,551 $5,939,551 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 Section Total - Continuation $1,939,087,764 $1,939,087,764 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,767,772,976 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,859,226 $4,859,226 WEDNESDAY, FEBRUARY 11, 2015 415 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 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 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 $1,944,489,217 $1,944,489,217 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,712,262,193 $1,944,489,217 $1,944,489,217 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,712,262,193 $1,944,489,217 $1,944,489,217 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,712,262,193 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 $36,858,936 $36,858,936 $36,858,936 $36,858,936 $36,858,936 $36,858,936 416 JOURNAL OF THE SENATE 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 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 266.100-Agricultural Experiment Station Appropriation (HB 75) 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 $36,858,936 $36,858,936 $36,858,936 State General Funds $36,858,936 $36,858,936 $36,858,936 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 $9,552,919 $9,552,919 $9,552,919 Rebates, Refunds, and Reimbursements Not Itemized $9,552,919 $9,552,919 $9,552,919 Sales and Services $6,000,000 $6,000,000 $6,000,000 Sales and Services Not Itemized $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $74,411,855 $74,411,855 $74,411,855 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 Sales and Services $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 WEDNESDAY, FEBRUARY 11, 2015 417 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,410,273 $5,785,273 $5,410,273 $5,785,273 $5,410,273 $5,785,273 267.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 75) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 268.100 -Cooperative Extension Service Appropriation (HB 75) 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 $30,465,088 $30,465,088 $30,465,088 418 JOURNAL OF THE SENATE 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 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 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 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 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 269.100 -Enterprise Innovation Institute Appropriation (HB 75) 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 $7,274,703 $7,274,703 $7,274,703 State General Funds $7,274,703 $7,274,703 $7,274,703 TOTAL AGENCY FUNDS $10,475,000 $10,475,000 $10,475,000 WEDNESDAY, FEBRUARY 11, 2015 419 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 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 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 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 270.100-Forestry Cooperative Extension Appropriation (HB 75) The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. TOTAL STATE FUNDS $502,941 $502,941 $502,941 State General Funds $502,941 $502,941 $502,941 TOTAL AGENCY FUNDS $575,988 $575,988 $575,988 Intergovernmental Transfers $475,988 $475,988 $475,988 University System of Georgia Research Funds $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 $1,078,929 $1,078,929 $1,078,929 420 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 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 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 271.100-Forestry Research Appropriation (HB 75) 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 $2,651,747 $2,651,747 $2,651,747 State General Funds $2,651,747 $2,651,747 $2,651,747 TOTAL AGENCY FUNDS $10,250,426 $10,250,426 $10,250,426 Intergovernmental Transfers $9,000,000 $9,000,000 $9,000,000 University System of Georgia Research Funds $9,000,000 $9,000,000 $9,000,000 Rebates, Refunds, and Reimbursements $590,634 $590,634 $590,634 Rebates, Refunds, and Reimbursements Not Itemized $590,634 $590,634 $590,634 Sales and Services $659,792 $659,792 $659,792 Sales and Services Not Itemized $659,792 $659,792 $659,792 TOTAL PUBLIC FUNDS $12,902,173 $12,902,173 $12,902,173 Georgia Archives Continuation Budget 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. WEDNESDAY, FEBRUARY 11, 2015 421 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 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 272.100-Georgia Archives Appropriation (HB 75) 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 $4,627,469 $4,627,469 $4,627,469 State General Funds $4,627,469 $4,627,469 $4,627,469 TOTAL AGENCY FUNDS $689,281 $689,281 $689,281 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 $667,381 $667,381 $667,381 Record Center Storage Fees $592,381 $592,381 $592,381 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,316,750 $5,316,750 $5,316,750 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 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 422 JOURNAL OF THE SENATE 273.100 -Georgia Radiation Therapy Center Appropriation (HB 75) 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 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 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 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 274.100-Georgia Tech Research Institute Appropriation (HB 75) The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. TOTAL STATE FUNDS $5,629,947 $5,629,947 $5,629,947 State General Funds $5,629,947 $5,629,947 $5,629,947 TOTAL AGENCY FUNDS $314,011,962 $314,011,962 $314,011,962 Intergovernmental Transfers $208,042,709 $208,042,709 $208,042,709 WEDNESDAY, FEBRUARY 11, 2015 423 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 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 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 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 275.100 -Marine Institute Appropriation (HB 75) 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 $728,632 $728,632 $728,632 State General Funds $728,632 $728,632 $728,632 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 University System of Georgia Research Funds $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 $1,214,913 $1,214,913 $1,214,913 424 JOURNAL OF THE SENATE 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 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 276.100 -Marine Resources Extension Center Appropriation (HB 75) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,214,511 $1,214,511 $1,214,511 State General Funds $1,214,511 $1,214,511 $1,214,511 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 University System of Georgia Research Funds $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $655,529 $655,529 $655,529 Sales and Services Not Itemized $655,529 $655,529 $655,529 TOTAL PUBLIC FUNDS $2,560,040 $2,560,040 $2,560,040 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. WEDNESDAY, FEBRUARY 11, 2015 425 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 277.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 75) 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 $28,569,119 $28,569,119 $28,569,119 State General Funds $28,569,119 $28,569,119 $28,569,119 TOTAL PUBLIC FUNDS $28,569,119 $28,569,119 $28,569,119 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 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 278.100 -Public Libraries Appropriation (HB 75) The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. TOTAL STATE FUNDS $32,310,084 $32,310,084 $32,310,084 State General Funds $32,310,084 $32,310,084 $32,310,084 TOTAL AGENCY FUNDS $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers $5,222,400 $5,222,400 $5,222,400 University System of Georgia Research Funds $5,222,400 $5,222,400 $5,222,400 TOTAL PUBLIC FUNDS $37,532,484 $37,532,484 $37,532,484 426 JOURNAL OF THE SENATE Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 279.1 Add funds to provide for clinical trials on cannabidiol for children with medication resistant epilepsy. State General Funds $4,885,853 $4,885,853 $4,885,853 279.2 Add funds to establish the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System. State General Funds $515,600 $515,600 $515,600 279.100 -Public Service / Special Funding Initiatives Appropriation (HB 75) 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 $30,927,573 $30,927,573 $30,927,573 State General Funds $30,927,573 $30,927,573 $30,927,573 TOTAL PUBLIC FUNDS $30,927,573 $30,927,573 $30,927,573 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 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 280.100 -Regents Central Office Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 427 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 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 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 281.100 -Skidaway Institute of Oceanography Appropriation (HB 75) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,240,167 $1,240,167 $1,240,167 State General Funds $1,240,167 $1,240,167 $1,240,167 TOTAL AGENCY FUNDS $3,800,620 $3,800,620 $3,800,620 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 $500,000 $500,000 $500,000 Rebates, Refunds, and Reimbursements Not Itemized $500,000 $500,000 $500,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,040,787 $5,040,787 $5,040,787 428 JOURNAL OF THE SENATE 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 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 282.100 -Teaching Appropriation (HB 75) 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 $1,729,907,930 $1,729,907,930 $1,729,907,930 State General Funds $1,729,907,930 $1,729,907,930 $1,729,907,930 TOTAL AGENCY FUNDS $4,333,156,042 $4,333,156,042 $4,333,156,042 Intergovernmental Transfers $1,890,808,653 $1,890,808,653 $1,890,808,653 University System of Georgia Research Funds $1,751,586,909 $1,751,586,909 $1,751,586,909 Intergovernmental Transfers Not Itemized $139,221,744 $139,221,744 $139,221,744 Rebates, Refunds, and Reimbursements $127,468,332 $127,468,332 $127,468,332 Rebates, Refunds, and Reimbursements Not Itemized $127,468,332 $127,468,332 $127,468,332 Sales and Services $2,314,879,057 $2,314,879,057 $2,314,879,057 Sales and Services Not Itemized $499,339,510 $499,339,510 $499,339,510 Tuition and Fees for Higher Education $1,815,539,547 $1,815,539,547 $1,815,539,547 TOTAL PUBLIC FUNDS $6,063,063,972 $6,063,063,972 $6,063,063,972 WEDNESDAY, FEBRUARY 11, 2015 429 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 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 283.100 -Veterinary Medicine Experiment Station Appropriation (HB 75) 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 $2,618,043 $2,618,043 $2,618,043 State General Funds $2,618,043 $2,618,043 $2,618,043 TOTAL PUBLIC FUNDS $2,618,043 $2,618,043 $2,618,043 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 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 284.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 75) 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. 430 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 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 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 285.100-Payments to Georgia Military College Appropriation (HB 75) 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 $2,329,780 $2,329,780 $2,329,780 State General Funds $2,329,780 $2,329,780 $2,329,780 TOTAL PUBLIC FUNDS $2,329,780 $2,329,780 $2,329,780 Payments to Georgia Public Telecommunications Commission 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 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 286.100-Payments to Georgia Public Telecommunications Commission Appropriation (HB 75) 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. WEDNESDAY, FEBRUARY 11, 2015 431 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 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 PUBLIC FUNDS Section Total - Continuation $177,733,395 $177,733,395 $177,299,612 $177,299,612 $433,783 $433,783 $819,087 $819,087 $567,580 $567,580 $251,507 $251,507 $178,552,482 $178,552,482 $177,733,395 $177,299,612 $433,783 $819,087 $567,580 $251,507 $178,552,482 Section Total - Final TOTAL STATE FUNDS $191,102,838 State General Funds $190,669,055 Tobacco Settlement Funds $433,783 TOTAL FEDERAL FUNDS $819,087 Federal Funds Not Itemized $567,580 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 TOTAL PUBLIC FUNDS $191,921,925 $191,102,838 $190,669,055 $433,783 $819,087 $567,580 $251,507 $191,921,925 $191,102,838 $190,669,055 $433,783 $819,087 $567,580 $251,507 $191,921,925 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 432 JOURNAL OF THE SENATE 287.100 -Customer Service Appropriation (HB 75) The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. TOTAL STATE FUNDS $13,398,198 $13,398,198 $13,398,198 State General Funds $13,398,198 $13,398,198 $13,398,198 TOTAL FEDERAL FUNDS $225,580 $225,580 $225,580 Federal Funds Not Itemized $225,580 $225,580 $225,580 TOTAL PUBLIC FUNDS $13,623,778 $13,623,778 $13,623,778 Departmental Administration Continuation Budget The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 288.100-Departmental Administration Appropriation (HB 75) 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 $7,916,507 $7,916,507 $7,916,507 State General Funds $7,916,507 $7,916,507 $7,916,507 TOTAL PUBLIC FUNDS $7,916,507 $7,916,507 $7,916,507 Forestland 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 O.C.G.A. 48-5A-2, the Forestland Protection Act, created by HB 1211 and HB 1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 WEDNESDAY, FEBRUARY 11, 2015 433 289.1 Increase funds for Forestland Protection Act grant reimbursements. State General Funds $15,000,000 $15,000,000 $15,000,000 289.100-Forestland Protection Grants Appropriation (HB 75) 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 STATE FUNDS $29,072,351 $29,072,351 $29,072,351 State General Funds $29,072,351 $29,072,351 $29,072,351 TOTAL PUBLIC FUNDS $29,072,351 $29,072,351 $29,072,351 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 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 290.100 -Fraud Detection and Prevention Appropriation (HB 75) 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 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 Industry Regulation Continuation Budget The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; and 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 $5,943,212 $5,509,429 $433,783 $5,943,212 $5,509,429 $433,783 $5,943,212 $5,509,429 $433,783 434 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $371,507 $120,000 $251,507 $6,314,719 $371,507 $120,000 $251,507 $6,314,719 $371,507 $120,000 $251,507 $6,314,719 291.100 -Industry Regulation Appropriation (HB 75) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; 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 PUBLIC FUNDS $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 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 PUBLIC FUNDS $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 292.100-Local Government Services Appropriation (HB 75) 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 PUBLIC FUNDS $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 WEDNESDAY, FEBRUARY 11, 2015 435 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 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 293.1 Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures. State General Funds ($1,630,557) ($1,630,557) ($1,630,557) 293.100 -Local Tax Officials Retirement and FICA Appropriation (HB 75) 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 $11,228,502 $11,228,502 $11,228,502 $11,228,502 $11,228,502 $11,228,502 $11,228,502 $11,228,502 $11,228,502 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 PUBLIC FUNDS $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 294.100 -Motor Vehicle Registration and Titling Appropriation (HB 75) 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 PUBLIC FUNDS $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 436 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 295.100 -Office of Special Investigations Appropriation (HB 75) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts. TOTAL STATE FUNDS $3,892,721 $3,892,721 $3,892,721 State General Funds $3,892,721 $3,892,721 $3,892,721 TOTAL PUBLIC FUNDS $3,892,721 $3,892,721 $3,892,721 Revenue Processing Continuation Budget The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 296.100-Revenue Processing Appropriation (HB 75) 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 $13,398,047 $13,398,047 $13,398,047 State General Funds $13,398,047 $13,398,047 $13,398,047 TOTAL PUBLIC FUNDS $13,398,047 $13,398,047 $13,398,047 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 $52,663,327 $52,663,327 $52,663,327 $52,663,327 $52,663,327 $52,663,327 WEDNESDAY, FEBRUARY 11, 2015 437 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $222,000 $222,000 $52,885,327 $222,000 $222,000 $52,885,327 $222,000 $222,000 $52,885,327 297.100-Tax Compliance Appropriation (HB 75) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $52,663,327 $52,663,327 $52,663,327 State General Funds $52,663,327 $52,663,327 $52,663,327 TOTAL FEDERAL FUNDS $222,000 $222,000 $222,000 Federal Funds Not Itemized $222,000 $222,000 $222,000 TOTAL PUBLIC FUNDS $52,885,327 $52,885,327 $52,885,327 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 PUBLIC FUNDS $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 298.100 -Tax Policy Appropriation (HB 75) 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 $3,064,001 $3,064,001 $3,064,001 State General Funds $3,064,001 $3,064,001 $3,064,001 TOTAL PUBLIC FUNDS $3,064,001 $3,064,001 $3,064,001 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. 438 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 299.100 -Technology Support Services Appropriation (HB 75) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,710,887 $24,710,887 $24,710,887 State General Funds $24,710,887 $24,710,887 $24,710,887 TOTAL PUBLIC FUNDS $24,710,887 $24,710,887 $24,710,887 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $21,877,971 $21,877,971 $21,877,971 $21,877,971 $85,000 $85,000 $85,000 $85,000 $4,723,849 $4,723,849 $20,000 $20,000 $20,000 $20,000 $4,703,849 $4,703,849 $4,703,849 $4,703,849 $26,686,820 $26,686,820 $21,877,971 $21,877,971 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Section Total - Final $22,051,090 $22,051,090 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $22,016,503 $22,016,503 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $22,009,032 $22,009,032 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 WEDNESDAY, FEBRUARY 11, 2015 439 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,703,849 $26,859,939 $4,703,849 $26,825,352 $4,703,849 $26,817,881 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 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 300.100 -Corporations Appropriation (HB 75) 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 $40,514 $40,514 $40,514 State General Funds $40,514 $40,514 $40,514 TOTAL AGENCY FUNDS $3,775,096 $3,775,096 $3,775,096 Sales and Services $3,775,096 $3,775,096 $3,775,096 Sales and Services Not Itemized $3,775,096 $3,775,096 $3,775,096 TOTAL PUBLIC FUNDS $3,815,610 $3,815,610 $3,815,610 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 $5,226,157 $5,226,157 $85,000 $85,000 $5,226,157 $5,226,157 $85,000 $85,000 $5,226,157 $5,226,157 $85,000 $85,000 440 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $5,361,157 $50,000 $50,000 $50,000 $5,361,157 $50,000 $50,000 $50,000 $5,361,157 301.1 Increase funds for personnel for four positions and for operations. (H and S:Increase funds for personnel for four positions and operations for four months) State General Funds $173,119 $138,532 $131,061 301.100 -Elections Appropriation (HB 75) 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 $5,399,276 $5,364,689 $5,357,218 State General Funds $5,399,276 $5,364,689 $5,357,218 TOTAL FEDERAL FUNDS $85,000 $85,000 $85,000 Federal Funds Not Itemized $85,000 $85,000 $85,000 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Sales and Services $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $5,534,276 $5,499,689 $5,492,218 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 WEDNESDAY, FEBRUARY 11, 2015 441 303.100 -Office Administration Appropriation (HB 75) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,980,705 $5,980,705 $5,980,705 State General Funds $5,980,705 $5,980,705 $5,980,705 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $5,995,705 $5,995,705 $5,995,705 Professional Licensing Boards Continuation Budget The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 304.100 -Professional Licensing Boards Appropriation (HB 75) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $6,818,847 $6,818,847 $6,818,847 State General Funds $6,818,847 $6,818,847 $6,818,847 TOTAL AGENCY FUNDS $813,753 $813,753 $813,753 Sales and Services $813,753 $813,753 $813,753 Sales and Services Not Itemized $813,753 $813,753 $813,753 TOTAL PUBLIC FUNDS $7,632,600 $7,632,600 $7,632,600 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. 442 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 305.100 -Securities Appropriation (HB 75) 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 $604,458 $604,458 $604,458 State General Funds $604,458 $604,458 $604,458 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 $654,458 $654,458 $654,458 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 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 306.100-Commission on the Holocaust, Georgia Appropriation (HB 75) 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 $258,600 $258,600 $258,600 WEDNESDAY, FEBRUARY 11, 2015 443 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $20,000 $20,000 $20,000 $278,600 Real Estate Commission Continuation Budget 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 307.100-Real Estate Commission Appropriation (HB 75) 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 STATE FUNDS $2,948,690 $2,948,690 $2,948,690 State General Funds $2,948,690 $2,948,690 $2,948,690 TOTAL PUBLIC FUNDS $2,948,690 $2,948,690 $2,948,690 Section 43: Soil and Water Conservation Commission, State 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 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $2,620,072 $2,620,072 $2,620,072 $2,620,072 $359,145 $359,145 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $4,477,136 $4,477,136 $2,620,072 $2,620,072 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136 444 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 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $2,620,072 $2,620,072 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136 $2,551,614 $2,551,614 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,408,678 $2,620,072 $2,620,072 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136 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 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 308.100-Commission Administration Appropriation (HB 75) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $724,705 $724,705 $724,705 State General Funds $724,705 $724,705 $724,705 TOTAL PUBLIC FUNDS $724,705 $724,705 $724,705 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 $240,208 $240,208 $240,208 $240,208 $240,208 $240,208 WEDNESDAY, FEBRUARY 11, 2015 445 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 309.100 -Conservation of Agricultural Water Supplies Appropriation (HB 75) 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 $240,208 $240,208 $240,208 State General Funds $240,208 $240,208 $240,208 TOTAL FEDERAL FUNDS $192,737 $192,737 $192,737 Federal Funds Not Itemized $192,737 $192,737 $192,737 TOTAL AGENCY FUNDS $1,190,182 $1,190,182 $1,190,182 Intergovernmental Transfers $1,190,182 $1,190,182 $1,190,182 Intergovernmental Transfers Not Itemized $1,190,182 $1,190,182 $1,190,182 TOTAL PUBLIC FUNDS $1,623,127 $1,623,127 $1,623,127 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 446 JOURNAL OF THE SENATE Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 310.1 Reduce funds for personnel for two vacant positions. State General Funds $307,737 $1,897,082 $307,737 $1,897,082 $307,737 $1,897,082 ($68,458) $0 310.100 -Conservation of Soil and Water Resources Appropriation (HB 75) 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 $1,422,937 $1,354,479 $1,422,937 State General Funds $1,422,937 $1,354,479 $1,422,937 TOTAL FEDERAL FUNDS $166,408 $166,408 $166,408 Federal Funds Not Itemized $166,408 $166,408 $166,408 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $307,737 $307,737 $307,737 Federal Funds Transfers $307,737 $307,737 $307,737 Federal Fund Transfers Not Itemized $307,737 $307,737 $307,737 TOTAL PUBLIC FUNDS $1,897,082 $1,828,624 $1,897,082 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 311.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 75) 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 WEDNESDAY, FEBRUARY 11, 2015 447 State General Funds TOTAL PUBLIC FUNDS $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 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 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 312.100 -Water Resources and Land Use Planning Appropriation (HB 75) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $133,720 $133,720 $133,720 State General Funds $133,720 $133,720 $133,720 TOTAL PUBLIC FUNDS $133,720 $133,720 $133,720 Section 44: Student Finance Commission and Authority, Georgia 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 - Continuation $682,506,450 $682,506,450 $48,858,430 $48,858,430 $633,648,020 $633,648,020 $713,673 $713,673 $230,950 $230,950 $230,950 $230,950 $482,723 $482,723 $482,723 $482,723 $683,220,123 $683,220,123 $682,506,450 $48,858,430 $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $683,220,123 TOTAL STATE FUNDS State General Funds Section Total - Final $689,118,523 $55,470,503 $689,118,523 $55,470,503 $689,118,523 $55,470,503 448 JOURNAL OF THE SENATE Lottery Proceeds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196 $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196 $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196 Accel Continuation Budget The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 313.1 Increase funds to meet the projected need. State General Funds $5,802,134 $5,802,134 $5,802,134 313.100 -Accel Appropriation (HB 75) 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 $16,303,779 $16,303,779 $16,303,779 State General Funds $16,303,779 $16,303,779 $16,303,779 TOTAL PUBLIC FUNDS $16,303,779 $16,303,779 $16,303,779 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 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 WEDNESDAY, FEBRUARY 11, 2015 449 314.1 Increase funds to meet the projected need. State General Funds $138,750 $138,750 $138,750 314.100 -Engineer Scholarship Appropriation (HB 75) 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 $924,000 $924,000 $924,000 State General Funds $924,000 $924,000 $924,000 TOTAL PUBLIC FUNDS $924,000 $924,000 $924,000 Georgia Military College Scholarship Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 315.1 Increase funds to meet the projected need. State General Funds $67,749 $67,749 $67,749 315.100-Georgia Military College Scholarship Appropriation (HB 75) 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 $1,162,611 $1,162,611 $1,162,611 State General Funds $1,162,611 $1,162,611 $1,162,611 TOTAL PUBLIC FUNDS $1,162,611 $1,162,611 $1,162,611 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. 450 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 $800,000 316.100 -HERO Scholarship Appropriation (HB 75) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 317.100-HOPE Administration Appropriation (HB 75) 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 $8,143,119 $8,143,119 $8,143,119 Lottery Proceeds $8,143,119 $8,143,119 $8,143,119 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 $8,374,069 $8,374,069 $8,374,069 WEDNESDAY, FEBRUARY 11, 2015 451 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 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 318.100 -HOPE GED Appropriation (HB 75) 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 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 319.100 -HOPE Grant Appropriation (HB 75) 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 $109,059,989 $109,059,989 $109,059,989 Lottery Proceeds $109,059,989 $109,059,989 $109,059,989 TOTAL PUBLIC FUNDS $109,059,989 $109,059,989 $109,059,989 452 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 320.100-HOPE Scholarships - Private Schools Appropriation (HB 75) 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 $47,916,330 $47,916,330 $47,916,330 Lottery Proceeds $47,916,330 $47,916,330 $47,916,330 TOTAL PUBLIC FUNDS $47,916,330 $47,916,330 $47,916,330 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 321.100 -HOPE Scholarships - Public Schools Appropriation (HB 75) 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 $446,598,286 $446,598,286 $446,598,286 Lottery Proceeds $446,598,286 $446,598,286 $446,598,286 TOTAL PUBLIC FUNDS $446,598,286 $446,598,286 $446,598,286 WEDNESDAY, FEBRUARY 11, 2015 453 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 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 322.100 -Low Interest Loans Appropriation (HB 75) 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 $19,000,000 $19,000,000 $19,000,000 Lottery Proceeds $19,000,000 $19,000,000 $19,000,000 TOTAL PUBLIC FUNDS $19,000,000 $19,000,000 $19,000,000 Low Interest Loans for Technical Colleges Continuation Budget The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 323.100 -Low Interest Loans for Technical Colleges Appropriation (HB 75) The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS $10,000,000 $10,000,000 $10,000,000 State General Funds $9,000,000 $9,000,000 $9,000,000 Lottery Proceeds $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 454 JOURNAL OF THE SENATE North Georgia Military Scholarship Grants Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 324.1 Increase funds to meet the projected need. State General Funds $240,940 $240,940 $240,940 324.100 -North Georgia Military Scholarship Grants Appropriation (HB 75) 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 $1,758,217 $1,758,217 $1,758,217 State General Funds $1,758,217 $1,758,217 $1,758,217 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $2,240,940 $2,240,940 $2,240,940 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 $875,000 325.1 Increase funds to meet the projected need. State General Funds $362,500 $362,500 $362,500 WEDNESDAY, FEBRUARY 11, 2015 455 325.100 -North Georgia ROTC Grants Appropriation (HB 75) 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 $1,237,500 $1,237,500 $1,237,500 $1,237,500 $1,237,500 $1,237,500 $1,237,500 $1,237,500 $1,237,500 Public Safety Memorial 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 $376,761 326.98 Change the name of Public Memorial Safety Grant program to Public Safety Memorial Grant. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 326.100-Public Safety Memorial Grant Appropriation (HB 75) 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 REACH Georgia Scholarship Continuation Budget The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. 456 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 327.100 -REACH Georgia Scholarship Appropriation (HB 75) The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. TOTAL STATE FUNDS $2,000,000 $2,000,000 $2,000,000 State General Funds $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 Tuition Equalization Grants Continuation Budget The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 328.100 -Tuition Equalization Grants Appropriation (HB 75) 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 $21,119,952 $21,119,952 State General Funds $21,119,952 $21,119,952 $21,119,952 TOTAL PUBLIC FUNDS $21,119,952 $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 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 WEDNESDAY, FEBRUARY 11, 2015 457 329.100-Nonpublic Postsecondary Education Commission Appropriation (HB 75) 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 $787,683 $787,683 $787,683 State General Funds $787,683 $787,683 $787,683 TOTAL PUBLIC FUNDS $787,683 $787,683 $787,683 Section 45: 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 $412,000 $412,000 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $34,768,709 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 Local/Floor COLA 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 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 458 JOURNAL OF THE SENATE 330.100 -Local/Floor COLA Appropriation (HB 75) 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 $412,000 $412,000 $412,000 State General Funds $412,000 $412,000 $412,000 TOTAL PUBLIC FUNDS $412,000 $412,000 $412,000 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 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 331.100-System Administration Appropriation (HB 75) 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 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 13.15% for State Fiscal Year 2015. WEDNESDAY, FEBRUARY 11, 2015 459 Section 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 $331,854,904 $331,854,904 $331,854,904 $331,854,904 $80,482,813 $80,482,813 $78,261,138 $78,261,138 $2,221,675 $2,221,675 $346,781,463 $346,781,463 $3,393,556 $3,393,556 $3,393,556 $3,393,556 $200,000 $200,000 $200,000 $200,000 $343,187,907 $343,187,907 $73,321,471 $73,321,471 $269,866,436 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $760,479,180 $760,479,180 $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 Section Total - Final $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 460 JOURNAL OF THE SENATE Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 Adult Education 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, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 332.1 Utilize existing funds in Adult Education to recognize savings in the program and fund maintenance and repairs ($150,000). (S:YES) State General Funds $0 332.100 -Adult Education Appropriation (HB 75) The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. TOTAL STATE FUNDS $14,311,851 $14,311,851 $14,311,851 State General Funds $14,311,851 $14,311,851 $14,311,851 TOTAL FEDERAL FUNDS $18,428,331 $18,428,331 $18,428,331 WEDNESDAY, FEBRUARY 11, 2015 461 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 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 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 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 333.100-Departmental Administration Appropriation (HB 75) The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. TOTAL STATE FUNDS $8,478,091 $8,478,091 $8,478,091 State General Funds $8,478,091 $8,478,091 $8,478,091 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements Not Itemized $200,000 $200,000 $200,000 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 $8,788,091 $8,788,091 $8,788,091 462 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 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 334.100 -Quick Start and Customized Services Appropriation (HB 75) 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 $12,843,082 $12,843,082 $12,843,082 State General Funds $12,843,082 $12,843,082 $12,843,082 TOTAL FEDERAL FUNDS $441,458 $441,458 $441,458 Federal Funds Not Itemized $441,458 $441,458 $441,458 TOTAL AGENCY FUNDS $9,789,701 $9,789,701 $9,789,701 Sales and Services $9,789,701 $9,789,701 $9,789,701 Sales and Services Not Itemized $9,789,701 $9,789,701 $9,789,701 TOTAL PUBLIC FUNDS $23,074,241 $23,074,241 $23,074,241 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 postsecondary education or training to increase their competitiveness in the workplace. TOTAL STATE FUNDS State General Funds $296,221,880 $296,221,880 $296,221,880 $296,221,880 $296,221,880 $296,221,880 WEDNESDAY, FEBRUARY 11, 2015 463 TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 335.100 -Technical Education Appropriation (HB 75) 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 STATE FUNDS $296,221,880 $296,221,880 $296,221,880 State General Funds $296,221,880 $296,221,880 $296,221,880 TOTAL FEDERAL FUNDS $61,613,024 $61,613,024 $61,613,024 Federal Funds Not Itemized $59,391,349 $59,391,349 $59,391,349 FFIND Child Care and Development Block Grant CFDA93.575 $2,221,675 $2,221,675 $2,221,675 TOTAL AGENCY FUNDS $330,153,886 $330,153,886 $330,153,886 Sales and Services $330,153,886 $330,153,886 $330,153,886 Sales and Services Not Itemized $60,287,450 $60,287,450 $60,287,450 Tuition and Fees for Higher Education $269,866,436 $269,866,436 $269,866,436 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 $689,238,790 $689,238,790 $689,238,790 Section 47: Transportation, Department of TOTAL STATE FUNDS Section Total - Continuation $864,106,198 $864,106,198 $864,106,198 464 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,028,477 $849,077,721 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,546,819,211 $15,028,477 $849,077,721 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,546,819,211 $15,028,477 $849,077,721 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,546,819,211 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331 $868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331 $868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331 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 $213,393,476 $0 $213,393,476 $213,393,476 $0 $213,393,476 $213,393,476 $0 $213,393,476 WEDNESDAY, FEBRUARY 11, 2015 465 TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 336.100 -Capital Construction Projects Appropriation (HB 75) 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 $925,252,699 $925,252,699 $925,252,699 Federal Highway Admin.-Planning & Construction CFDA20.205 $925,252,699 $925,252,699 $925,252,699 TOTAL AGENCY FUNDS $55,300,430 $55,300,430 $55,300,430 Sales and Services $55,300,430 $55,300,430 $55,300,430 Sales and Services Not Itemized $55,300,430 $55,300,430 $55,300,430 TOTAL PUBLIC FUNDS $1,193,946,605 $1,193,946,605 $1,193,946,605 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 466 JOURNAL OF THE SENATE 337.100 -Capital Maintenance Projects Appropriation (HB 75) 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 $183,218,385 $183,218,385 $183,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205 $183,218,385 $183,218,385 $183,218,385 TOTAL AGENCY FUNDS $350,574 $350,574 $350,574 Sales and Services $350,574 $350,574 $350,574 Sales and Services Not Itemized $350,574 $350,574 $350,574 TOTAL PUBLIC FUNDS $244,129,109 $244,129,109 $244,129,109 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 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 338.100-Construction Administration Appropriation (HB 75) 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 $81,565,819 $81,565,819 $81,565,819 State Motor Fuel Funds $81,565,819 $81,565,819 $81,565,819 TOTAL FEDERAL FUNDS $68,642,990 $68,642,990 $68,642,990 WEDNESDAY, FEBRUARY 11, 2015 467 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 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 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 339.100-Data Collection, Compliance and Reporting Appropriation (HB 75) 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 $2,815,060 $2,815,060 $2,815,060 State Motor Fuel Funds $2,815,060 $2,815,060 $2,815,060 TOTAL FEDERAL FUNDS $10,270,257 $10,270,257 $10,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,270,257 $10,270,257 $10,270,257 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 $13,147,574 $13,147,574 $13,147,574 468 JOURNAL OF THE SENATE 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 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 340.100-Departmental Administration Appropriation (HB 75) 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 $55,480,776 $55,480,776 $55,480,776 State Motor Fuel Funds $55,480,776 $55,480,776 $55,480,776 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 $67,219,569 $67,219,569 $67,219,569 Intermodal Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $15,028,477 $15,028,477 $66,861,369 $15,028,477 $15,028,477 $66,861,369 $15,028,477 $15,028,477 $66,861,369 WEDNESDAY, FEBRUARY 11, 2015 469 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 341.1 Reduce funds for one-time expenses incurred in FY2014. State General Funds $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 ($29,111) ($29,111) ($29,111) 341.100 -Intermodal Appropriation (HB 75) 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 $14,999,366 $14,999,366 $14,999,366 State General Funds $14,999,366 $14,999,366 $14,999,366 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 $782,232 $782,232 $782,232 Intergovernmental Transfers $681,643 $681,643 $681,643 Intergovernmental Transfers Not Itemized $681,643 $681,643 $681,643 Sales and Services $100,589 $100,589 $100,589 Sales and Services Not Itemized $100,589 $100,589 $100,589 TOTAL PUBLIC FUNDS $82,642,967 $82,642,967 $82,642,967 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 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 470 JOURNAL OF THE SENATE 342.100 -Local Maintenance and Improvement Grants Appropriation (HB 75) 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 $122,470,000 $122,470,000 $122,470,000 State Motor Fuel Funds $122,470,000 $122,470,000 $122,470,000 TOTAL PUBLIC FUNDS $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 343.100 -Local Road Assistance Administration Appropriation (HB 75) 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 $4,346,461 $4,346,461 $4,346,461 State Motor Fuel Funds $4,346,461 $4,346,461 $4,346,461 TOTAL FEDERAL FUNDS $91,655,917 $91,655,917 $91,655,917 Federal Highway Admin.-Planning & Construction CFDA20.205 $91,655,917 $91,655,917 $91,655,917 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Sales and Services $595,233 $595,233 $595,233 Sales and Services Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $96,597,611 $96,597,611 $96,597,611 WEDNESDAY, FEBRUARY 11, 2015 471 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 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 344.100 -Planning Appropriation (HB 75) 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 $2,263,226 $2,263,226 $2,263,226 State Motor Fuel Funds $2,263,226 $2,263,226 $2,263,226 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 $16,947,030 $16,947,030 $16,947,030 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 $194,580,109 $0 $194,580,109 $25,086,452 $194,580,109 $0 $194,580,109 $25,086,452 $194,580,109 $0 $194,580,109 $25,086,452 472 JOURNAL OF THE SENATE Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 345.1 Increase funds for additional service agreements. State Motor Fuel Funds 345.2 Reduce funds. State Motor Fuel Funds $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $4,382,231 $4,382,231 $0 ($1,211,939) 345.100 -Routine Maintenance Appropriation (HB 75) 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 $198,962,340 $198,962,340 $193,368,170 State Motor Fuel Funds $198,962,340 $198,962,340 $193,368,170 TOTAL FEDERAL FUNDS $25,086,452 $25,086,452 $25,086,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $25,086,452 $25,086,452 $25,086,452 TOTAL AGENCY FUNDS $5,078,904 $5,078,904 $5,078,904 Sales and Services $5,078,904 $5,078,904 $5,078,904 Sales and Services Not Itemized $5,078,904 $5,078,904 $5,078,904 TOTAL PUBLIC FUNDS $229,127,696 $229,127,696 $223,533,526 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. WEDNESDAY, FEBRUARY 11, 2015 473 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 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 346.100-Traffic Management and Control Appropriation (HB 75) 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 $19,756,231 $19,756,231 $19,756,231 State Motor Fuel Funds $19,756,231 $19,756,231 $19,756,231 TOTAL FEDERAL FUNDS $46,110,542 $46,110,542 $46,110,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $46,110,542 $46,110,542 $46,110,542 TOTAL AGENCY FUNDS $25,534,484 $25,534,484 $25,534,484 Sales and Services $25,534,484 $25,534,484 $25,534,484 Sales and Services Not Itemized $25,534,484 $25,534,484 $25,534,484 TOTAL PUBLIC FUNDS $91,401,257 $91,401,257 $91,401,257 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 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 474 JOURNAL OF THE SENATE 347.1 Utilize existing funds of $5,594,170 in the Georgia Transportation Infrastructure Bank program for debt service due in FY2016. (G:YES)(H:YES)(S:YES) State Motor Fuel Funds $0 $0 $0 347.2 Increase funds for the Georgia Transportation Infrastructure Bank. State Motor Fuel Funds $5,594,170 347.100-Payments to the State Road and Tollway Authority Appropriation (HB 75) 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 $91,846,413 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $97,440,583 $97,440,583 $150,524,072 $150,524,072 $247,964,655 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. WEDNESDAY, FEBRUARY 11, 2015 475 Section 48: Veterans Service, 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 PUBLIC FUNDS Section Total - Continuation $20,501,201 $20,501,201 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $41,182,139 $41,182,139 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $41,182,139 TOTAL 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 $19,615,368 $19,615,368 $15,119,717 $15,119,717 $4,158,613 $4,158,613 $4,158,613 $38,893,698 $19,599,341 $19,599,341 $15,119,717 $15,119,717 $4,158,613 $4,158,613 $4,158,613 $38,877,671 $19,599,341 $19,599,341 $15,119,717 $15,119,717 $4,158,613 $4,158,613 $4,158,613 $38,877,671 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 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 348.100 -Administration Appropriation (HB 75) 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 $1,758,956 $1,758,956 $1,758,956 476 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 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 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 349.1 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion. State General Funds $184,000 $184,000 349.100-Georgia Veterans Memorial Cemetery Appropriation (HB 75) 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 $554,697 $738,697 $738,697 State General Funds $554,697 $738,697 $738,697 TOTAL FEDERAL FUNDS $178,004 $178,004 $178,004 Federal Funds Not Itemized $178,004 $178,004 $178,004 TOTAL PUBLIC FUNDS $732,701 $916,701 $916,701 Georgia War Veterans Nursing Homes 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 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $11,929,755 $11,929,755 $13,459,125 $13,459,125 WEDNESDAY, FEBRUARY 11, 2015 477 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,416,369 $2,416,369 $2,416,369 $27,805,249 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $2,416,369 $2,416,369 $2,416,369 $27,805,249 350.1 Reduce funds due to lowered average daily patient census. (H and S:Reduce funds due to lowered average daily patient census and transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($885,833) ($1,144,852) ($257,756) ($2,288,441) ($1,085,860) ($1,144,852) ($257,756) ($2,488,468) ($1,085,860) ($1,144,852) ($257,756) ($2,488,468) 350.100 -Georgia War Veterans Nursing Homes Appropriation (HB 75) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,043,922 $10,843,895 $10,843,895 State General Funds $11,043,922 $10,843,895 $10,843,895 TOTAL FEDERAL FUNDS $12,314,273 $12,314,273 $12,314,273 Federal Funds Not Itemized $12,314,273 $12,314,273 $12,314,273 TOTAL AGENCY FUNDS $2,158,613 $2,158,613 $2,158,613 Sales and Services $2,158,613 $2,158,613 $2,158,613 Sales and Services Not Itemized $2,158,613 $2,158,613 $2,158,613 TOTAL PUBLIC FUNDS $25,516,808 $25,316,781 $25,316,781 Veterans Benefits Continuation Budget The purpose of this appropriation is to serve Georgia's veterans, their dependents, and survivors in all matters pertaining to veterans' benefits by informing the veterans and their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $6,257,793 $6,257,793 $2,627,440 $2,627,440 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $6,257,793 $6,257,793 $2,627,440 $2,627,440 478 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $10,885,233 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $2,000,000 $2,000,000 $2,000,000 $10,885,233 351.100 -Veterans Benefits Appropriation (HB 75) 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 $6,257,793 $6,257,793 $6,257,793 State General Funds $6,257,793 $6,257,793 $6,257,793 TOTAL FEDERAL FUNDS $2,627,440 $2,627,440 $2,627,440 Federal Funds Not Itemized $2,627,440 $2,627,440 $2,627,440 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $10,885,233 $10,885,233 $10,885,233 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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $22,529,716 $22,529,716 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $23,053,548 $23,053,548 Section Total - Final $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 WEDNESDAY, FEBRUARY 11, 2015 479 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 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 352.100-Administer the Workers' Compensation Laws Appropriation (HB 75) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,985,822 $11,985,822 $11,985,822 State General Funds $11,985,822 $11,985,822 $11,985,822 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 $12,444,175 $12,444,175 $12,444,175 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 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 480 JOURNAL OF THE SENATE 353.100 -Board Administration Appropriation (HB 75) The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS $10,543,894 $10,543,894 $10,543,894 State General Funds $10,543,894 $10,543,894 $10,543,894 TOTAL AGENCY FUNDS $65,479 $65,479 $65,479 Sales and Services $65,479 $65,479 $65,479 Sales and Services Not Itemized $65,479 $65,479 $65,479 TOTAL PUBLIC FUNDS $10,609,373 $10,609,373 $10,609,373 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 $1,116,960,788 $1,116,960,788 $960,280,975 $960,280,975 $156,679,813 $156,679,813 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,135,221,621 $1,135,221,621 $1,116,960,788 $960,280,975 $156,679,813 $18,260,833 $18,260,833 $1,135,221,621 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,083,144,820 $939,272,181 $143,872,639 $18,260,833 $18,260,833 $1,101,405,653 $1,083,144,820 $939,272,181 $143,872,639 $18,260,833 $18,260,833 $1,101,405,653 $1,091,530,499 $947,657,860 $143,872,639 $18,260,833 $18,260,833 $1,109,791,332 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 WEDNESDAY, FEBRUARY 11, 2015 481 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $18,260,833 $18,260,833 $18,260,833 $1,036,463,536 $1,036,463,536 $1,036,463,536 354.1 Replace funds for debt service on road and bridge projects. State General Funds State Motor Fuel Funds Total Public Funds: $12,807,174 ($12,807,174) $0 $12,807,174 ($12,807,174) $0 $12,807,174 ($12,807,174) $0 354.2 Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales. State General Funds ($33,815,968) ($33,815,968) ($33,815,968) 354.3 Increase funds for debt service due in FY2016. State General Funds $8,385,679 354.100 -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 $984,386,735 $842,439,696 $141,947,039 $18,260,833 $18,260,833 $1,002,647,568 Appropriation (HB 75) $984,386,735 $992,772,414 $842,439,696 $850,825,375 $141,947,039 $141,947,039 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,002,647,568 $1,011,033,247 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 355.1 Transfer authorization for $1,350,000 in 5-year taxable bonds for equipment for the Athens and Tifton Veterinary Diagnostic Laboratories (HB744, Bond #113, page 134, line 4017) from the Department of Agriculture to the Board of Regents. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 482 JOURNAL OF THE SENATE 355.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $98,758,085 $96,832,485 $1,925,600 $98,758,085 Appropriation (HB 75) $98,758,085 $98,758,085 $96,832,485 $96,832,485 $1,925,600 $1,925,600 $98,758,085 $98,758,085 [Bond # 1] From State General Funds, $16,062,412 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 $187,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $1,395,280 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 $16,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 3] From State General Funds, $2,374,544 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 $27,740,000 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, $154,080 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 5] From State General Funds, $462,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 6] From State General Funds, $2,656,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 7] From State General Funds, $64,200 is specifically appropriated for the purpose of financing projects and facilities WEDNESDAY, FEBRUARY 11, 2015 483 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 $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 # 8] From State General Funds, $3,239,600 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 9] From State General Funds, $252,948 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 $2,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 10] From State General Funds, $1,619,800 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 $7,000,000 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, $671,060 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 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, $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 sixty months. [Bond # 13] From State General Funds, $3,424,000 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 $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and 484 JOURNAL OF THE SENATE forty months. [Bond # 14] From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 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, $3,826,320 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 $44,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 16] 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 sixty months. [Bond # 17] From State General Funds, $813,200 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 $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $393,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 19] From State General Funds, $578,500 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 sixty months. WEDNESDAY, FEBRUARY 11, 2015 485 [Bond # 20] From State General Funds, $462,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 # 21] From State General Funds, $67,106 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $290,000 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, $2,075,658 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,970,000 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, $847,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24] From State General Funds, $663,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 25] From State General Funds, $423,720 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 $4,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 26] From State General Funds, $385,200 is specifically appropriated for the purpose of financing projects and 486 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 27] 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 # 28] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 29] From State General Funds, $64,200 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 $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 # 30] From State General Funds, $1,044,200 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 $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 # 31] From State General Funds, $578,500 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 WEDNESDAY, FEBRUARY 11, 2015 487 principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 32] From State General Funds, $363,200 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 two hundred and forty months. [Bond # 33] 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 sixty months. [Bond # 34] From State General Funds, $247,598 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,070,000 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, $376,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 36] From State General Funds, $162,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] From State General Funds, $333,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in 488 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 # 38] 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 # 39] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 40] 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 # 41] 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 sixty months. [Bond # 42] From State General Funds, $118,128 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 43] From State General Funds, $77,040 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 two hundred and forty months. WEDNESDAY, FEBRUARY 11, 2015 489 [Bond # 44] From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 45] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 46] From State General Funds, $908,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 47] From State General Funds, $42,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $265,600 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 one hundred and twenty months. [Bond # 49] From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 50] From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and 490 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 51] From State General Funds, $477,841 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 $2,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 52] From State General Funds, $571,558 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 $2,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 53] From State General Funds, $342,472 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 $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 54] From State General Funds, $893,204 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 $3,860,000 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, $531,063 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 $2,295,000 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, $200,161 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 $865,000 in principal amount of WEDNESDAY, FEBRUARY 11, 2015 491 General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 57] From State General Funds, $166,608 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 $720,000 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, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $650,000 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, $466,271 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 $2,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 60] From State General Funds, $131,898 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 $570,000 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, $599,200 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 $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 # 62] From State General Funds, $283,465 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 $1,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 63] From State General Funds, $393,380 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, 492 JOURNAL OF THE SENATE enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 64] From State General Funds, $291,040 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 65] From State General Funds, $439,660 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 66] From State General Funds, $208,260 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 $900,000 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, $208,260 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 68] From State General Funds, $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 # 69] From State General Funds, $50,504 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 $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two WEDNESDAY, FEBRUARY 11, 2015 493 hundred and forty months. [Bond # 70] From State General Funds, $184,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 71] From State General Funds, $85,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 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, $47,936 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 73] From State General Funds, $94,160 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $462,800 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 $2,000,000 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, $847,440 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 76] From State General Funds, $261,080 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 494 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 $3,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 77] From State General Funds, $1,093,365 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 $4,725,000 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, $856,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 79] From State General Funds, $309,872 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 $3,620,000 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, $23,540 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 $275,000 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, $22,256 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 $260,000 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, $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 sixty months. WEDNESDAY, FEBRUARY 11, 2015 495 [Bond # 83] From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $190,000 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, $101,864 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 85] From State General Funds, $80,990 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 sixty months. [Bond # 86] From State General Funds, $273,052 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,180,000 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, $193,219 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 $835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 88] From State General Funds, $1,050,312 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 $12,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 89] From State General Funds, $1,062,296 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 496 JOURNAL OF THE SENATE personal, necessary or useful in connection therewith, through the issuance of not more than $12,410,000 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, $127,270 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 $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 91] From State General Funds, $1,249,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 92] From State General Funds, $517,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] From State General Funds, $1,249,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 94] From State General Funds, $59,920 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 $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 95] From State General Funds, $188,591 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 96] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and WEDNESDAY, FEBRUARY 11, 2015 497 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 97] From State General Funds, $1,464,762 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 $6,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 98] From State General Funds, $124,956 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 $540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 99] From State General Funds, $92,560 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 sixty months. [Bond # 100] From State General Funds, $205,946 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 101] From State General Funds, $146,804 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 $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 102] From State General Funds, $20,972 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 $245,000 in principal amount of General 498 JOURNAL OF THE SENATE Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 103] From State General Funds, $108,712 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 $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 104] From State General Funds, $113,386 is specifically appropriated for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 105] From State General Funds, $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 106] From State General Funds, $1,070,000 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 107] From State General Funds, $171,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 108] From State General Funds, $642,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 109] From State General Funds, $925,600 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 WEDNESDAY, FEBRUARY 11, 2015 499 improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 110] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Secretary of State by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 111] From State General Funds, $275,578 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 112] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 113] From State General Funds, $312,390 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance 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 # 114] From State General Funds, $1,651,652 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 $18,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 115] From State General Funds, $1,543,600 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have 500 JOURNAL OF THE SENATE maturities not in excess of two hundred and forty months. [Bond # 116] From State General Funds, $99,880 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 117] From State General Funds, $517,179 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 118] From State General Funds, $181,600 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 119] From State General Funds, $817,384 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 120] From State General Funds, $96,300 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 $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 121] From State General Funds, $1,767,640 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. WEDNESDAY, FEBRUARY 11, 2015 501 [Bond # 122] From State General Funds, $736,160 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $8,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 123] From State General Funds, $1,884,100 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose 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 # 124] From State General Funds, $1,342,120 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 $5,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 125] From State General Funds, $46,280 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 $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 126] From State General Funds, $773,616 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 127] From State General Funds, $374,096 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 128] From State General Funds, $913,448 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 $10,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 502 JOURNAL OF THE SENATE [Bond # 129] From State General Funds, $2,996,000 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 $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 # 130] From State Motor Fuel Funds, $1,925,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 131] From State General Funds, $653,306 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 132] From State General Funds, $90,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows: Education, Department of 379.301 BOND: K - 12 Schools: $44,120,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary) From State General Funds, $4,398,764 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance WEDNESDAY, FEBRUARY 11, 2015 503 of not more than $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: 379.301 BOND: K - 12 Schools: $43,880,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary) From State General Funds, $4,374,836 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 $43,880,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows: Education, Department of 379.302 BOND: K - 12 Schools: $21,820,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $21,820,000 in 20-year bonds) From State General Funds, $2,175,454 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $21,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: Education, Department of 379.302 BOND: K - 12 Schools: $11,330,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional 504 JOURNAL OF THE SENATE Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $11,330,000 in 20-year bonds) From State General Funds, $1,129,601 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 $11,330,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows: Education, Department of 379.303 BOND: K - 12 Schools: $118,650,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $11,829,405 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: Education, Department of 379.303 BOND: K - 12 Schools: $116,450,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $11,610,065 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 $116,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. WEDNESDAY, FEBRUARY 11, 2015 505 The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2014-2015 (Ga. L. 2014, Volume One, Appendix, commencing at p. 1 of 139, 134, Act No. 632, 2014 Regular Session, H.B. 744), which read as follows: [Bond # 113] From State General Funds, $312,390 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 $1,350,000 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 # 113] From State General Funds, $312,390 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance 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. Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) An amount equivalent to 1% of personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014. 506 JOURNAL OF THE SENATE 2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Audits and Accounts, Department of Agriculture, Department of Banking and Finance, Department of Corrections, State Forestry Commission, Georgia Bureau of Investigation, Department of Juvenile Justice, Department of Law, Department of Natural Resources and Prosecuting Attorneys. The amount for this Item is calculated according to an effective date of July 1, 2014. 3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2014. 4.) In lieu of other numbered items, an amount equivalent to 1% of personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014. 5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2014. 6.) In lieu of other numbered items, an amount equivalent to 1% of personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2014. 7.) In lieu of other numbered items, an amount equivalent to 1% of personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014. WEDNESDAY, FEBRUARY 11, 2015 507 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 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 508 JOURNAL OF THE SENATE "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, 53 and 54 contain, constitute, or amend appropriations. Section 56: 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," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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. WEDNESDAY, FEBRUARY 11, 2015 509 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock N Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 1. HB 75, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: February 11, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 75. Had I been present, I would have voted "yes". /s/ N. Orrock District 36 510 JOURNAL OF THE SENATE Senator Hill of the 4th moved that HB 75 be immediately transmitted to the House. On the motion, there was no objection, and HB 75 was immediately transmitted. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, February 12, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m. THURSDAY, FEBRUARY 12, 2015 511 Senate Chamber, Atlanta, Georgia Thursday, February 12, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 47. By Representatives Cooper of the 43rd, Meadows of the 5th, Hawkins of the 27th, Hatchett of the 150th, Beverly of the 143rd and others: A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, so as to authorize certain refills of topical ophthalmic products under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; to provide for related matters; to repeal conflicting laws; and for other purposes. 512 JOURNAL OF THE SENATE HB 86. By Representatives Benton of the 31st, Dempsey of the 13th, England of the 116th and Frye of the 118th: A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; 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 103. By Senators Jackson of the 2nd and Watson of the 1st: 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 allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the board composition to reflect current practice; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banking and Financial Institutions. SB 105. By Senator Jackson of the 2nd: 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 THURSDAY, FEBRUARY 12, 2015 513 Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide for two full-time magistrates for Chatham County; to provide for the appointment of a third full-time magistrate by the Board of Commissioners; to provide for the election and appointment of successor magistrates; to provide for the appointment of pro tempore and part-time magistrates; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 106. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4824), and an Act approved April 11, 2012 (Ga. L. 2012, p. 5296), so as to reconstitute the Chatham Area Transit Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 107. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend an Act authorizing the Board of Commissioners of Chatham County to provide transit services throughout the county, approved March 28, 1986 (Ga. L. 1986, p. 5315), so as to remove exceptions from inclusion of a special district for transit services; to provide for a feasibility study prior to the inclusion of new areas of the county within such special district; to provide for the creation of a special district for transit services by the board; to provide that areas not receiving transit services shall be excluded from the special district; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following House legislation was read the first time and referred to committee: HB 47. By Representatives Cooper of the 43rd, Meadows of the 5th, Hawkins of the 27th, Hatchett of the 150th, Beverly of the 143rd and others: A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, so as to 514 JOURNAL OF THE SENATE authorize certain refills of topical ophthalmic products under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 86. By Representatives Benton of the 31st, Dempsey of the 13th, England of the 116th and Frye of the 118th: A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 43 Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman THURSDAY, FEBRUARY 12, 2015 515 Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 11 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Public Safety 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 Do Pass by substitute Respectfully submitted, Senator Harper of the 7th District, Chairman The following legislation was read the second time: SB 4 SB 18 SB 58 SB 59 SB 62 SB 65 Senator Jones II of the 22nd asked unanimous consent that Senator Parent of the 42nd be excused. The consent was granted, and Senator Parent was excused. Senator Tate of the 38th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. Senator Thompson of the 14th asked unanimous consent that Senator Ligon, Jr. of the 3rd be excused. The consent was granted, and Senator Ligon, Jr. was excused. The following Senators were excused for business outside the Senate Chamber: Seay of the 34th Tolleson of the 20th The roll was called and the following Senators answered to their names: Albers Beach Bethel Henson Hill, H Hill, Jack Miller Mullis Orrock 516 JOURNAL OF THE SENATE Black Burke Butler Cowsert Crane Davenport Dugan Fort Gooch Harbin Harbison Harper Heath Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, E Jones, H Kennedy Kirk Martin McKoon Millar Not answering were Senators: Ginn Ligon (Excused) Ramsey Tolleson (Excused) James Lucas (Excused) Seay (Excused) Rhett Shafer Sims Stone Tate Thompson, B Tippins Unterman Watson Wilkinson Williams, M Williams, T Jones, B. Parent (Excused) Thompson, C. Senator James 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 Tate of the 38th introduced the chaplain of the day, Reverend Lawrence L. Young of Atlanta, Georgia, who offered scripture reading and prayer. Senator Rhett of the 33rd introduced the doctor of the day, Dr. G. Waldon Garriss. Senator Cowsert of the 46th recognized Athens Community Career Academy for winning Career Academy of the Year at the Lieutenant Governor's Business and Education Summit, commended by SR 144, adopted previously. CEO Katy Arrowood and Student Jasmine Kidd addressed the Senate briefly. Senator Cowsert of the 46th recognized Caterpillar, Athens, for winning Business Partner of the Year at the Lieutenant Governor's Business and Education Summit, commended by SR 145, adopted previously. Human Resources Manager Mike White and Student Brian Scott addressed the Senate briefly. THURSDAY, FEBRUARY 12, 2015 517 Senator Shafer of the 48th recognized Georgia Gwinnett College for its commitment to educational excellence and for its rapid expansion, commended by SR 187, adopted previously. President Dr. Stanley "Stas" Preczewski addressed the Senate briefly. Senator Unterman of the 45th recognized February 12, 2015, as Domestic Minor Sex Trafficking Awareness Day at the state capitol, commended by SR 176, adopted previously. Georgia Cares Executive Director and Co-Founder Heather Stockdale addressed the Senate briefly. Senator Seay of the 34th recognized Mr. Miguel Southwell and the employees of Hartsfield-Jackson Atlanta International Airport and declared February 12, 2015, as Aviation Day at the state capitol, commended by SR 180, adopted previously. Mr. Miguel Southwell addressed the Senate briefly. The following resolutions were read and adopted: SR 195. By Senator Tippins of the 37th: A RESOLUTION Commending the Professional Association of Georgia Educators (PAGE) and Georgia Association of Educational Leaders (GAEL) and recognizing February 17, 2015, as PAGE and GAEL Day at the state capitol; and for other purposes. SR 196. By Senators Williams of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending Doug Sorrells on the grand occasion of his retirement; and for other purposes. SR 197. By Senators Orrock of the 36th, Parent of the 42nd, James of the 35th, Butler of the 55th, Davenport of the 44th and others: A RESOLUTION commending One Billion Rising and recognizing February 14, 2015, as One Billion Rising Revolution Day; and for other purposes. SR 198. By Senators Orrock of the 36th, Parent of the 42nd, Davenport of the 44th, Hill of the 6th, Fort of the 39th and others: A RESOLUTION Commending LEAD Atlanta for their work in empowering young leaders and recognizing February 19, 2015, as LEAD Atlanta Day at the state capitol; and for other purposes. 518 JOURNAL OF THE SENATE SR 199. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION commending the Esther F. Garrison Wind Ensemble; and for other purposes. SR 200. By Senator Harbison of the 15th: A RESOLUTION commending Angela Capers for outstanding contributions to education in Georgia; and for other purposes. SR 201. By Senator Harbison of the 15th: A RESOLUTION commending Rebecca Willis-Powell for outstanding contributions to education in Georgia; and for other purposes. SR 202. By Senator Harbison of the 15th: A RESOLUTION commending Forrest Parker for outstanding contributions to education in Georgia; and for other purposes. SR 203. By Senator Harbison of the 15th: A RESOLUTION commending Mary Thompson for outstanding contributions to education in Georgia; and for other purposes. SR 204. By Senator Harbison of the 15th: A RESOLUTION commending Eleanore Camacho for outstanding contributions to education in Georgia; and for other purposes. SR 205. By Senator Harbison of the 15th: A RESOLUTION commending Gaye Haynes for outstanding contributions to education in Georgia; and for other purposes. SR 206. By Senator Harbison of the 15th: A RESOLUTION commending Jennifer Dobbins for outstanding contributions to education in Georgia; and for other purposes. SR 207. By Senator Harbison of the 15th: A RESOLUTION commending Jeremy White for outstanding contributions to education in Georgia; and for other purposes. THURSDAY, FEBRUARY 12, 2015 519 SR 208. By Senator Harbison of the 15th: A RESOLUTION commending Stan Shively for outstanding contributions to education in Georgia; and for other purposes. SR 209. By Senator Harbison of the 15th: A RESOLUTION commending Kylie Holloway for outstanding contributions to education in Georgia; and for other purposes SR 210. By Senator Harbison of the 15th: A RESOLUTION commending Shannon Wooldridge for outstanding contributions to education in Georgia; and for other purposes. SR 211. By Senator Harbison of the 15th: A RESOLUTION commending Sherry Bell for outstanding contributions to education in Georgia; and for other purposes. SR 212. By Senator Harbison of the 15th: A RESOLUTION commending Diana Allen for outstanding contributions to education in Georgia; and for other purposes. SR 213. By Senator Harbison of the 15th: A RESOLUTION commending Tracie Urness for outstanding contributions to education in Georgia; and for other purposes. SR 214. By Senator Harbison of the 15th: A RESOLUTION commending Cholana Foley for outstanding contributions to education in Georgia; and for other purposes. SR 215. By Senator Harbison of the 15th: A RESOLUTION commending Ebony Robinson for outstanding contributions to education in Georgia; and for other purposes. SR 216. By Senator Harbison of the 15th: A RESOLUTION commending Harrold Hines for outstanding contributions to education in Georgia; and for other purposes. 520 JOURNAL OF THE SENATE SR 217. By Senator Harbison of the 15th: A RESOLUTION commending Benita Laughlin for outstanding contributions to education in Georgia; and for other purposes. SR 218. By Senator Harbison of the 15th: A RESOLUTION commending Tiffany Perrine for outstanding contributions to education in Georgia; and for other purposes. SR 219. By Senator Harbison of the 15th: A RESOLUTION commending Jason Thorne for outstanding contributions to education in Georgia; and for other purposes. SR 220. By Senator Harbison of the 15th: A RESOLUTION commending Isiah Harper for outstanding contributions to education in Georgia; and for other purposes. SR 221. By Senator Harbison of the 15th: A RESOLUTION commending Marie Epting for outstanding contributions to education in Georgia; and for other purposes. SR 222. By Senator Harbison of the 15th: A RESOLUTION commending Shannon Williamson for outstanding contributions to education in Georgia; and for other purposes. SR 223. By Senator Harbison of the 15th: A RESOLUTION commending Kelli Kelley for outstanding contributions to education in Georgia; and for other purposes. SR 224. By Senator Harbison of the 15th: A RESOLUTION commending Rosalyn Shavers for outstanding contributions to education in Georgia; and for other purposes. SR 225. By Senator Harbison of the 15th: A RESOLUTION commending Ronica Forte for outstanding contributions to education in Georgia; and for other purposes. THURSDAY, FEBRUARY 12, 2015 521 SR 226. By Senator Harbison of the 15th: A RESOLUTION commending Cara Humphries for outstanding contributions to education in Georgia; and for other purposes. SR 227. By Senator Harbison of the 15th: A RESOLUTION commending Aleatha Thrush for outstanding contributions to education in Georgia; and for other purposes. SR 228. By Senator Harbison of the 15th: A RESOLUTION commending Lori Carson for outstanding contributions to education in Georgia; and for other purposes. SR 229. By Senator Harbison of the 15th: A RESOLUTION commending Jeffrey Pearce for outstanding contributions to education in Georgia; and for other purposes. SR 230. By Senator Harbison of the 15th: A RESOLUTION commending Amanda Martin for outstanding contributions to education in Georgia; and for other purposes. SR 231. By Senator Harbison of the 15th: A RESOLUTION commending Casey McKinney for outstanding contributions to education in Georgia; and for other purposes. SR 232. By Senator Harbison of the 15th: A RESOLUTION commending Pagianna Boykin for outstanding contributions to education in Georgia; and for other purposes. SR 233. By Senator Harbison of the 15th: A RESOLUTION commending Cecille Cooper for outstanding contributions to education in Georgia; and for other purposes. SR 234. By Senator Harbison of the 15th: A RESOLUTION commending Victoria Vialva Griffin for outstanding contributions to education in Georgia; and for other purposes. 522 JOURNAL OF THE SENATE SR 235. By Senator Harbison of the 15th: A RESOLUTION commending Beth Horner for outstanding contributions to education in Georgia; and for other purposes. SR 236. By Senator Harbison of the 15th: A RESOLUTION commending Kelly Williams for outstanding contributions to education in Georgia; and for other purposes SR 237. By Senator Harbison of the 15th: A RESOLUTION commending Polly Ann Propst Everritt for outstanding contributions to education in Georgia; and for other purposes. SR 238. By Senator Harbison of the 15th: A RESOLUTION commending Anthony Shelton for outstanding contributions to education in Georgia; and for other purposes. SR 239. By Senator Harbison of the 15th: A RESOLUTION commending Fredrick Weldon for outstanding contributions to education in Georgia; and for other purposes. SR 240. By Senator Harbison of the 15th: A RESOLUTION commending Oliver Ellis for outstanding contributions to education in Georgia; and for other purposes. SR 241. By Senator Harbison of the 15th: A RESOLUTION commending Suzanne Butler for outstanding contributions to education in Georgia; and for other purposes. SR 242. By Senator Harbison of the 15th: A RESOLUTION commending Jeannie Cole for outstanding contributions to education in Georgia; and for other purposes SR 243. By Senator Harbison of the 15th: A RESOLUTION commending Kristi Shorter-Crawford for outstanding contributions to education in Georgia; and for other purposes. THURSDAY, FEBRUARY 12, 2015 523 SR 244. By Senator Harbison of the 15th: A RESOLUTION commending Linda Purter for outstanding contributions to education in Georgia; and for other purposes. SR 245. By Senator Harbison of the 15th: A RESOLUTION commending Sheryl Green for outstanding contributions to education in Georgia; and for other purposes. SR 246. By Senator Harbison of the 15th: A RESOLUTION commending Susan Franks for outstanding contributions to education in Georgia; and for other purposes. SR 247. By Senator Harbison of the 15th: A RESOLUTION commending Natalie Kelly for outstanding contributions to education in Georgia; and for other purposes. SR 248. By Senator Harbison of the 15th: A RESOLUTION commending Stacy Lacy for outstanding contributions to education in Georgia; and for other purposes. SR 249. By Senator Harbison of the 15th: A RESOLUTION commending Jessica Thorne for outstanding contributions to education in Georgia; and for other purposes. SR 250. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing February 24, 2015, as Columbus State University and Columbus Day at the state capitol; and for other purposes. SR 251. By Senator Harbison of the 15th: A RESOLUTION commending Julie Wood for outstanding contributions to education in Georgia; and for other purposes. 524 JOURNAL OF THE SENATE SENATE RULES CALENDAR THURSDAY, FEBRUARY 12, 2015 FIFTEENTH LEGISLATIVE DAY SR 7 Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses- CA (Substitute)(JUDYNC-45th) SB 8 Crimes and Offenses: children who have been sexually exploited; make provisions; create Safe Harbor for Sexually Exploited Children Fund Commission (Substitute)(JUDYNC-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: SR 7. By Senator Unterman of the 45th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy and may provide for the allocation of such additional penalties or fees to the Safe Harbor for Sexually Exploited Children Fund, as provided by law, for the purpose of providing care and rehabilitative and social services to citizens of this state who have been sexually exploited; 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 may provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual THURSDAY, FEBRUARY 12, 2015 525 servitude, sexual exploitation of children, or sodomy; and such appropriated amount shall not lapse as required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph. The General Assembly may provide by general law for the allocation of such additional penalties or fees to the Safe Harbor for Sexually Exploited Children Fund for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative and social services to citizens of this state who have been sexually exploited. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended to allow additional fees for criminal cases in which a person is adjudged guilty of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, or sodomy to fund the Safe Harbor for Sexually Exploited Children Fund to pay for care and rehabilitative and social services for Georgia citizens who have been sexually exploited?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Committee on Judiciary Non-Civil offered the following substitute to SR 7: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children; may impose assessments on adult entertainment establishments; and may provide for the allocation of such additional penalties or fees and assessments to the Safe Harbor for Sexually Exploited Children Fund, as provided by law, for the purpose of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited; 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. 526 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows: "(o) The General Assembly may provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and may impose assessments on adult entertainment establishments as defined by law; and such appropriated amount shall not lapse as required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph or Article VII, Section III, Paragraph I(a). The General Assembly may provide by general law for the allocation of such assessments and additional penalties or fees to the Safe Harbor for Sexually Exploited Children Fund for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended to allow additional penalties or fees for criminal cases in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and to allow assessments on adult entertainment establishments to fund the Safe Harbor for Sexually Exploited Children Fund to pay for care and rehabilitative and social services for individuals in this state who have been or may be sexually exploited?" 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 the Senate Committee on Judiciary, Non-civil substitute to SR 7 (LC 29 6299S) by replacing line 23 with the following: THURSDAY, FEBRUARY 12, 2015 527 Paragraph, Article III, Section V, Paragraph II, Article VII, Section III, Paragraph II(a), or Article VII, Section III, Paragraph IV. The General Assembly may provide On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 53, nays 3. SR 7, having received the requisite two-thirds constitutional majority, was adopted by substitute. Senator David Shafer, President Pro Tempore, assumed the Chair. 528 JOURNAL OF THE SENATE SB 8. By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Judiciary Non-civil offered the following substitute to SB 8: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 9, Code Section 15-6-95, Chapter 21 of Title 15, Chapter 6 of Title 16, Code Section 42-1-12, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions, priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, payment and disposition of fines and forfeitures, sexual offenses, the State Sexual Offender Registry, and children and youth services, respectively, so as to increase protection and resources for children who have been sexually exploited; to extend the statute of limitations for actions for childhood sexual abuse; to change provisions relating to the statute of limitations for injuries to the person; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to create the Safe Harbor for Sexually Exploited Children Fund and the Safe Harbor for Sexually Exploited Children Fund Commission; to provide for definitions; to provide for appointment of members of the commission and personnel; to provide for duties of the commission and allow for expenses; to provide for recommendations of changes in state programs, laws, and policies; to provide for acceptance of federal funds and individual donations; to provide for fines and penalties; to provide for collection of fines and disposition of moneys collected; to impose a state regulatory fee on adult entertainment establishments; to provide for the powers, duties, and authority of the Department of Revenue and the commissioner of revenue; to provide for a duty to collect; to provide for the priority of the fund when partial payments are made; to expand forfeiture proceedings involving pimping under certain circumstances to include keeping a place of prostitution, pimping, pandering, and pandering by compulsion; to require registration on the State Sexual Offender Registry when an individual is convicted of trafficking a person for sexual servitude; to require the Department of Human Services to implement a plan to provide services to sexually exploited children; to provide for a short title; to provide for THURSDAY, FEBRUARY 12, 2015 529 legislative findings and a purpose statement; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. This Act shall be known and may be cited as the "Safe Harbor/Rachel's Law Act." SECTION 1-2. (a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable fees and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that provide to their patrons performances and interaction involving various forms of nudity. (b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing fees and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state. PART II SECTION 2-1. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by revising Code Section 9-3-33, relating to limitations for actions for injuries to the person, as follows: "9-3-33. Except as otherwise provided in this article, actions Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues." 530 JOURNAL OF THE SENATE SECTION 2-2. Said chapter is further amended by revising Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, as follows: "9-3-33.1. (a)(1) As used in this Code section subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years of age and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2; (C) Statutory rape, as prohibited in Code Section 16-6-3; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5; (F) Pandering, as prohibited in Code Section 16-6-12; (G) Pandering by compulsion, as prohibited in Code Section 16-6-14; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; (I) Incest, as prohibited in Code Section 16-6-22; (J) Sexual battery, as prohibited in Code Section 16-6-22.1; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. (b)(2) Notwithstanding Code Section 9-3-33, any Any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced within five years of on or before the date the plaintiff attains the age of majority 23. (b)(1) As used in this subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-546; (B) Rape, as prohibited in Code Section 16-6-1; (C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2; (E) Child molestation or aggravated child molestation, as prohibited in Code THURSDAY, FEBRUARY 12, 2015 531 Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; (G) Incest, as prohibited in Code Section 16-6-22; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 25." SECTION 2-3. Said chapter is further amended by revising Code Section 9-3-90, relating to persons under disability or imprisoned when cause of action accrues, as follows: "9-3-90. (a) Individuals Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. (b)(c) No action accruing to a person an individual imprisoned at the time of its accrual which, prior: (1) Prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would; or (2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985." SECTION 2-4. Said chapter is further amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows: "9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or 532 JOURNAL OF THE SENATE otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1." PART III SECTION 3-1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding a new article to read as follows: "ARTICLE 11 15-21-200. This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the Constitution, which provision authorizes additional penalty assessments for violations relating to certain sexual crimes, authorizes fees on certain businesses, and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative and social services for certain citizens of this state who have been sexually exploited. 15-21-201. As used in this article, 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 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) 'Commission' means the Safe Harbor for Sexually Exploited Children Fund Commission. (3) 'Fund' means the Safe Harbor for Sexually Exploited Children Fund. (4) 'Safe house' means a licensed residential facility that provides safe and secure THURSDAY, FEBRUARY 12, 2015 533 shelter. (5) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (6) 'Sexually exploited child' means a person who is younger than 18 years of age who: (A) Has been the victim of trafficking of persons for sexual servitude in violation of Code Section 16-5-46; (B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for hire; or (C) Has been the victim of sexually explicit conduct for the purpose of producing any print or visual medium. (7) '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. (8) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12100. 15-21-202. (a) There is established the Safe Harbor for Sexually Exploited Children Fund Commission which is assigned to the Division of Family and Children Services of the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) There is created the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and shall invest the fund moneys in the same manner as authorized for investing other moneys in the state treasury. (c) The commission may authorize the disbursement of available money from the fund, after appropriation thereof, for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children and to a person, entity, or program eligible pursuant to criteria to be set by the commission. The commission shall also consider disbursement of available money from the fund to a person, entity, or program devoted to awareness and prevention of becoming a sexually exploited child. The commission may also authorize the disbursement of fund money for the actual and necessary operating expenses that the commission incurs in performing its duties; provided, however, that such disbursements shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to disburse money to provide care and rehabilitative and social services for sexually exploited children. (d) No funds shall be disbursed from the fund to any person, entity, or program or for any purpose authorized in subsection (c) of this Code section until approved by the Governor; provided, however, that the Governor shall not authorize the disbursement of funds to a person, entity, or program which the commission has not recommended for a grant. 534 JOURNAL OF THE SENATE 15-21-203. (a) The commission shall consist of eight members. Seven of the members shall serve for terms of two years, except that with respect to the first members appointed, two members shall be appointed for terms of three years, four members for terms of two years, and one member for a term of one year. The director of the Division of Family and Children Services of the Department of Human Services shall be a permanent member of the commission. The chairperson of the Criminal Justice Coordinating Council, the commissioner of behavioral health and developmental disabilities, and the director of the Division of Family and Children Services of the Department of Human Services shall each appoint one member of the commission; the remaining four members shall be appointed by the Governor. The Governor shall establish initial terms of office for all members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article. 15-21-204. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the fund. 15-21-205. (a) The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; THURSDAY, FEBRUARY 12, 2015 535 (4) Accept applications for disbursements of available money from the fund; (5) Develop a state-wide protocol for helping to coordinate the delivery of services to sexually exploited children; (6) Provide oversight and accountability for any program that receives disbursements from the fund; (7) Maintain records of all its expenditures, funds received as gifts and donations, and disbursements made from the fund; and (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable. 15-21-206. The commission may recommend to the Governor and the General Assembly changes in state programs, laws, policies, budgets, and standards relating to the care and rehabilitation of sexually exploited children, changes to improve coordination among state agencies that provide care and rehabilitative and social services to sexually exploited children, and changes to improve the condition of sexually exploited children who are in need of rehabilitative and social services. 15-21-207. The commission may accept and solicit federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All such funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit into the fund to be disbursed as other moneys in the fund. 15-21-208. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any violation of Code Section 16-6-10, 16-6-11, 16-6-12, 166-14, 16-6-15, 16-6-16, or 16-12-100, there shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age or older at the time of the offense. (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 chapter. (c) The sums provided for in this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually 536 JOURNAL OF THE SENATE Exploited Children Fund. (d) Any person whose duty it is to collect and remit the sums provided for in this Code section who refuses to so remit shall be guilty of a misdemeanor. 15-21-209. (a) By January 30 of each calendar year, each adult entertainment establishment shall pay to the Department of Revenue a state operation fee equal to the greater of 1 percent of the previous year's gross revenue or $5,000.00. This state fee shall be in addition to any other fees required by the county or municipality authorizing the operation of an adult entertainment business. (b) The previous year's gross revenue of an adult entertainment establishment shall be determined based upon tax returns filed with the Department of Revenue. The commissioner of revenue may audit the returns of an adult entertainment establishment if he or she determines an audit to be necessary. The commissioner of revenue shall provide for conducting periodic compliance audits by the Department of Revenue to verify compliance with the requirements of this Code section. (c) The fees collected pursuant to this Code section shall be remitted to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) The commissioner of revenue shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section, including the method of appeal by an adult entertainment establishment that is assessed a fee pursuant to this Code section." SECTION 3-2. Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, is amended by deleting "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14), and by adding a new paragraph (15) to read as follows: "(15) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund." PART IV SECTION 4-1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising subsection (c) of Code Section 16-6-13.2, relating to forfeiture and seizure of property and in rem actions, as follows: "(c)(1) Any motor vehicle operated by a person to facilitate a violation of Code Section 16-6-10, 16-6-11, 16-6-12, or 16-6-14 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-6- THURSDAY, FEBRUARY 12, 2015 537 12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (2) For the purpose of this subsection, a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 involving a motor vehicle shall mean a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 in which a motor vehicle is used to violate said Code section or in which the violation occurred." SECTION 4-2. Said chapter is further amended by revising subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, as follows: "(a) Any proceeds or money which is used, intended for use, used, directly or indirectly, used or intended for use in any manner to facilitate, or derived from a violation of Code Section 16-6-10, 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is 16-6-12, or 16-6-14 is declared to be contraband and shall be forfeited to the state and no person shall have a property interest in it such proceeds or money. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment." SECTION 4-3. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended in paragraph (10) of subsection (a) by revising subparagraph (a)(10)(B) and adding a new subparagraph to read as follows: "(B) 'Dangerous sexual offense' with respect to convictions occurring after June 30, between July 1, 2006, and June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the 538 JOURNAL OF THE SENATE person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.1) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Trafficking a person for sexual servitude in violation of Code Section 16-546, (v) Rape in violation of Code Section 16-6-1; (vi) Sodomy in violation of Code Section 16-6-2; (vii) Aggravated sodomy in violation of Code Section 16-6-2; (viii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (ix) Child molestation in violation of Code Section 16-6-4; (x) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (xi) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xii) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xiii) Incest in violation of Code Section 16-6-22; (xiv) A second conviction for sexual battery in violation of Code Section 16-622.1; THURSDAY, FEBRUARY 12, 2015 539 (xv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xvi) Sexual exploitation of children in violation of Code Section 16-12-100; (xvii) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xviii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xix) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xx) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor." SECTION 4-4. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising Code Section 49-5-8, relating to the powers and duties of department, by adding a new subsection to read as follows: "(d)(1) As used in this subsection, the term 'sexually exploited child' shall have the same meaning as set forth in Code Section 15-21-201. (2) The department, in consultation with the Office of the Child Advocate for the Protection of Children, the Criminal Justice Coordinating Council, and law enforcement officials, shall develop a plan for the delivery of services to sexually exploited children, victims of trafficking of persons for labor servitude, and such children and persons who are at risk of becoming victims of such offenses. In developing such plan, the department shall work with state and federal agencies, public and private entities, and other stakeholders as it deems appropriate and shall periodically review such plans to ensure appropriate services are being delivered. Such plan shall include: (A) Identifying children who need services; (B) Providing assistance with applications for federal and state benefits, compensation, and services; (C) Coordinating the delivery of physical and mental health, housing, education, job training, child care, legal, and other services; (D) Preparing and disseminating educational and training materials to increase awareness of available services; (E) Developing and maintaining community based services; (F) Providing assistance with family reunification or repatriation to a country of origin; and (G) Providing law enforcement officials assistance in identifying children in need of such services." PART V SECTION 5-1. Parts 1, 2, and 4 and this part of this Act shall become effective on July 1, 2015. Part 3 of this Act shall become effective on January 1, 2017, provided that a constitutional 540 JOURNAL OF THE SENATE amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. If such an amendment to the Constitution of Georgia is not so ratified, then Part 3 of this Act shall not become effective and shall stand repealed by operation of law. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. Senators Parent of the 42nd and Unterman of the 45th offered the following amendment #1: Amend the Senate Committee on Judiciary, Non-civil substitute to SB 8 (LC 29 6353S) by replacing line 44 with the following: their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. On the adoption of the amendment, there were no objections, and the Parent, Unterman amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport 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 Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate THURSDAY, FEBRUARY 12, 2015 541 Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 3. SB 8, having received the requisite constitutional majority, was passed by substitute. Senator Tolleson of the 20th recognized Amanda Miliner, a former Miss Georgia, for her accomplishment of winning the 2015 Georgia Teacher of the Year award, commended by SR 127, adopted previously. Amanda Miliner addressed the Senate briefly. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Tuesday, February 17, 2015; the motion prevailed, and at 12:21 p.m. the President announced the Senate adjourned. 542 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 17, 2015 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. At 10:00 a.m. the President announced that the Senate would stand in recess until 11:00 a.m. due to inclement weather. At 11:00 a.m. the President called the Senate to order. 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 38. By Representative Taylor of the 173rd: A BILL to be entitled an Act to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 52. By Representatives Quick of the 117th, Caldwell of the 131st, Jones of the 62nd, Oliver of the 82nd, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, so as to change provisions requiring parenting plans to be incorporated into final orders involving the custody of a child; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 17, 2015 543 HB 65. HB 91. HB 251. HB 254. By Representatives Caldwell of the 20th, Ramsey of the 72nd, Teasley of the 37th, Turner of the 21st, Dudgeon of the 25th 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 require local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; to require that a summary of the proposed and adopted annual operating budget be posted on the Internet; to require that the detailed annual operating budget be made available upon request; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th 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 the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 544 JOURNAL OF THE SENATE 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 257. By Representatives Taylor of the 173rd and Powell of the 171st: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 258. By Representatives Taylor of the 173rd and Powell of the 171st: A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 319. By Representatives Carson of the 46th, Parsons of the 44th, Pruett of the 149th and Dollar of the 45th: A RESOLUTION honoring the lives and memory of Elrey "Bud" and June Runion; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 108. By Senators Martin of the 9th, McKoon of the 29th, Harbison of the 15th, Jones of the 25th, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide the requirements for maintaining a risk management framework and provide guidance and instructions for filing for an Own Risk and Solvency Assessment and report with the Commissioner; to provide for legislative intent; to provide for a purpose; to provide for definitions; to TUESDAY, FEBRUARY 17, 2015 545 provide for standards and timing of reports; to provide for exemptions; to provide for confidentiality of reports; to provide for the Commissioner's duties and powers; to provide for penalties; to provide for the redesignation of certain code provisions and conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 109. By Senators Orrock of the 36th and Unterman of the 45th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 110. By Senators Bethel of the 54th, Stone of the 23rd, Cowsert of the 46th, Hill of the 32nd, McKoon of the 29th and others: A BILL to be entitled an Act to amend Code Section 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal the sunset and legislative review provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A.d, relating to general hunting provisions, so as to prohibit 546 JOURNAL OF THE SENATE the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. SB 113. By Senator McKoon of the 29th: 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 create a new class of motor vehicles to be known as autonomous vehicles; to provide for definitions; to provide for requirements to operate an autonomous vehicle; to provide for the operation of autonomous vehicles on public highways for testing purposes; to provide for indemnity to vehicle manufacturers in certain instances; to provide for the regulation of autonomous vehicles; to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. SB 114. By Senators Hufstetler of the 52nd and Kirk of the 13th: 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 number of advanced practice registered nurses a delegating physician can enter into a protocol agreement with at any one time; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 115. By Senators Hufstetler of the 52nd, Orrock of the 36th and Kirk of the 13th: 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 authority to prescribe Schedule II controlled substances; to provide for limitations and conditions; to provide for additional continuing education TUESDAY, FEBRUARY 17, 2015 547 requirements regarding Schedule II controlled substances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 116. By Senators Ligon, Jr. of the 3rd, Gooch of the 51st, Millar of the 40th, Shafer of the 48th, Cowsert of the 46th 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. Referred to the Committee on Education and Youth. SB 117. By Senators Stone of the 23rd, McKoon of the 29th, Hufstetler of the 52nd, Williams of the 27th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Code Section 44-3-109 of the Official Code of Georgia Annotated, relating to liens for assessments for condominium owners, so as to require the purchaser of a condominium development at a foreclosure sale to take title subject to a lien in favor of the condominium under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 118. By Senators Butler of the 55th, Henson of the 41st, Parent of the 42nd and Davenport of the 44th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for a referendum; to provide for contingent effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 548 JOURNAL OF THE SENATE SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. SB 120. By Senators Parent of the 42nd, Henson of the 41st, Butler of the 55th, Davenport of the 44th and Jones of the 10th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 121. By Senators Parent of the 42nd, Henson of the 41st, Butler of the 55th, Davenport of the 44th and Jones of the 10th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 122. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a TUESDAY, FEBRUARY 17, 2015 549 special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. SR 259. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Charity Health Care Organization Tax Credit Study Committee; and for other purposes. Referred to the Committee on Finance. The following House legislation was read the first time and referred to committee: HB 38. By Representative Taylor of the 173rd: A BILL to be entitled an Act to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 52. By Representatives Quick of the 117th, Caldwell of the 131st, Jones of the 62nd, Oliver of the 82nd, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, so as to change provisions requiring parenting plans to be incorporated into final orders involving the custody of a child; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 65. By Representatives Caldwell of the 20th, Ramsey of the 72nd, Teasley of the 37th, Turner of the 21st, Dudgeon of the 25th 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 require local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; to require 550 JOURNAL OF THE SENATE that a summary of the proposed and adopted annual operating budget be posted on the Internet; to require that the detailed annual operating budget be made available upon request; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 91. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th 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 the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 251. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 254. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that TUESDAY, FEBRUARY 17, 2015 551 court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 257. By Representatives Taylor of the 173rd and Powell of the 171st: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 258. By Representatives Taylor of the 173rd and Powell of the 171st: A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 51 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 552 JOURNAL OF THE SENATE HB 36 Do Pass HB 188 Do Pass HB 181 Do Pass HB 189 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 11 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: SB 72 SR 11 SR 43 Senator Seay of the 34th asked unanimous consent that Senator Parent of the 42nd be excused. The consent was granted, and Senator Parent was excused. Senator Henson of the 41st 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: Hill of the 32nd Jackson of the 2nd Tolleson of the 20th The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Henson Hill, H Hill, Jack Hufstetler Jackson, B James Jeffares Jones, B Jones, E Jones, H Miller Mullis Orrock Ramsey Rhett Seay Shafer Sims Stone Thompson, B TUESDAY, FEBRUARY 17, 2015 553 Fort Ginn Gooch Harbin Harbison Harper Heath Kennedy Kirk Ligon Lucas Martin McKoon Millar Not answering were Senators: Hill, Judson (Excused) Tate (Excused) Jackson, L. (Excused) Tolleson (Excused) Thompson, C Tippins Unterman Watson Wilkinson Williams, M Williams, T Parent (Excused) Senator Hill of the 32nd 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 Kirk of the 13th introduced the chaplain of the day, Pastor Bud Womack of Americus, Georgia, who offered scripture reading and prayer. Senator Stone of the 23rd recognized February 17, 2015, as Medical College of Georgia Day at the state capitol, commended by SR 15, adopted previously. Dr. Paul Wallach addressed the Senate briefly. Senator Jackson of the 24th introduced the doctor of the day, Dr. Thad Wilkins. The following resolutions were read and adopted: SR 252. By Senator Harper of the 7th: A RESOLUTION recognizing and commending the Irwin County Women's tennis team on winning the Class A State Championship; and for other purposes. SR 253. By Senator Harper of the 7th: A RESOLUTION recognizing and commending the Irwin County Senior 4-H Poultry Judging Team; and for other purposes. 554 JOURNAL OF THE SENATE SR 254. By Senators Orrock of the 36th, Unterman of the 45th, Butler of the 55th, Tate of the 38th, Hufstetler of the 52nd and others: A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes. SR 255. By Senator Harbison of the 15th: A RESOLUTION commending Sasha Smith for outstanding contributions to education in Georgia; and for other purposes. SR 256. By Senator Harbison of the 15th: A RESOLUTION commending Victoria Neal for outstanding contributions to education in Georgia; and for other purposes. SR 257. By Senator Harbison of the 15th: A RESOLUTION commending Karen McDavid for outstanding contributions to education in Georgia; and for other purposes. SR 258. By Senator Harbison of the 15th: A RESOLUTION commending Lynn Robertson for outstanding contributions to education in Georgia; and for other purposes. SR 260. By Senators Thompson of the 14th and Hufstetler of the 52nd: A RESOLUTION Recognizing and commending Mr. Walter Gordon on the occasion of his retirement; and for other purposes. SR 261. By Senators Beach of the 21st, Shafer of the 48th, Cowsert of the 46th, Jones of the 25th, Jackson of the 24th and others: A RESOLUTION recognizing and commending Mr. David Andrews; and for other purposes. SR 262. By Senators Harper of the 7th, Albers of the 56th, Gooch of the 51st, Mullis of the 53rd, Shafer of the 48th and others: A RESOLUTION commending the Emergency Management Association of Georgia and recognizing February 25, 2015, as Emergency Management Association Day at the capitol; and for other purposes. TUESDAY, FEBRUARY 17, 2015 555 SR 263. By Senators Henson of the 41st, Parent of the 42nd, Millar of the 40th, Ramsey, Sr. of the 43rd and Butler of the 55th: A RESOLUTION commending Tom Ulbricht for his service with Northlake Community Alliance; and for other purposes. Senator James of the 35th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 17, 2015 Sixteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 36 Kennedy of the 18th Jones of the 25th Lucas of the 26th MACON WATER COMMISSIONER A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes. HB 181 Harbison of the 15th CITY OF MARSHALLVILLE IN MACON COUNTY A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 188 Black of the 8th LANIER COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 556 JOURNAL OF THE SENATE 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 189 Black of the 8th LANIER COUNTY A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T TUESDAY, FEBRUARY 17, 2015 557 On the passage of the local legislation, the yeas were 50, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR TUESDAY, FEBRUARY 17, 2015 SIXTEENTH LEGISLATIVE DAY SB 18 Technical College System of Georgia; establish policies for granting academic credit for college level learning from military service, work experience (Substitute)(H ED-15th) SB 62 Probate Courts; remove certain limitations on the jurisdiction of the probate courts over the game and fish violations (NR&E-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 18. By Senators Harbison of the 15th, Davenport of the 44th, Jones of the 10th, Fort of the 39th, James of the 35th 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 provide that the Technical College System of Georgia shall establish policies for granting academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study; 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 558 JOURNAL OF THE SENATE GREG S. GRIFFIN State Auditor (404) 656-2174 December 19, 2014 Honorable Steve Henson State Senator 121-B State Capitol Atlanta, Georgia 30334 Dear Senator Henson: SUBJECT: Fiscal Note Senate Bill 18 (LC 41 0284) This bill requires the Technical College System of Georgia to establish policies for granting academic credit to students for college level learning acquired prior to their enrollment. This prior learning could come from military service, work experience, service in the community, or from independent study. The bill's total fiscal impact would be approximately $241,500 for fiscal year 2016. According to the Technical College System of Georgia (TCSG), this cost includes $115,000 for one additional staff person (salary and fringe) to manage the program; $101,500 for a Prior Learning Assessment (PLA) contract to determine how various military and occupational experiences apply to TCSG programs and to train staff; and $25,000 for the updates that would be required to TCSG's computer databases and website. The $115,000 cost of the additional staff person would be an on-going cost. The PLA contract and computer update costs would be one-time costs. However, additional costs could be incurred if the program expands beyond the program areas covered by the initial PLA. Additionally, it should be noted that the TCSG might lose some tuition revenue from students who are awarded academic credits through this program. However, TCSG believes the loss would be minor and could be offset by an increase in enrollment due to the availability of the program. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget TUESDAY, FEBRUARY 17, 2015 559 The Senate Committee on Higher Education offered the following substitute to SB 18: 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 provide that the Technical College System of Georgia shall maintain policies for granting academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows: "20-4-38. The State Board of the Technical College System of Georgia shall maintain a policy by which institutions of the Technical College System of Georgia shall grant academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone 560 JOURNAL OF THE SENATE Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. SB 18, having received the requisite constitutional majority, was passed by substitute. SB 62. By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson TUESDAY, FEBRUARY 17, 2015 561 Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 1. SB 62, 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 Finance Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 February 17, 2015 David Cook Secretary of the Senate Room 353 CAP Atlanta, GA 30334 Dear Secretary Cook: I, Senator Sims, request that my name be removed from SB 124 as of today. Sincerely, /s/ Freddie Powell Sims Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 18, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:07 p.m. 562 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 18, 2015 Seventeenth 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 172. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Caldwell of the 131st, Tanner of the 9th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to revise the types of vessels that are applicable to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 294. By Representatives Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th, Welch of the 110th, Knight of the 130th and others: A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 18, 2015 563 HB 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 301. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; 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 123. By Senators Lucas of the 26th, Butler of the 55th, Orrock of the 36th, Thompson of the 5th, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, risks, and reinsurance, so as to provide for certain requirements by any insurer under a 564 JOURNAL OF THE SENATE liability insurance policy covering automobile liability or motor vehicle liability insurance policies issued in this state; to provide for certain rental car reimbursement requirements; to provide for disclosure; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 124. By Senators Fort of the 39th, Orrock of the 36th, Henson of the 41st, Rhett of the 33rd, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for Sustainable Community School Operational Grants; to provide for definitions; to provide for planning and implementation of grants; to provide for applications for grants; to require the development of Sustainable Community School Plans; to provide for requirements for recipients of grants; to delineate the purposes for which grant funds may be used; to provide for reports; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Committee on Education and Youth. SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 126. By Senators 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 Official Code of Georgia Annotated, relating to pharmacists and pharmacies; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to WEDNESDAY, FEBRUARY 18, 2015 565 the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 128. By Senators Kennedy of the 18th, Bethel of the 54th, Hill of the 32nd, Jones II of the 22nd and Parent of the 42nd: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 14 of the O.C.G.A., relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 129. By Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Crane of the 28th, Bethel of the 54th, Harbin of the 16th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of 566 JOURNAL OF THE SENATE religious freedom; to provide for legislative findings; to provide for definitions; to provide for the granting of relief; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th: A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions and Property. SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th: A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions and Property. The following House legislation was read the first time and referred to committee: HB 172. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Caldwell of the 131st, Tanner of the 9th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to revise the types of vessels that are applicable to the operation of watercraft while under the WEDNESDAY, FEBRUARY 18, 2015 567 influence of alcohol, toxic vapors, or drugs; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. HB 294. By Representatives Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th, Welch of the 110th, Knight of the 130th and others: A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge 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 Committee on State and Local Governmental Operations. HB 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 301. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 568 JOURNAL OF THE SENATE HB 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions 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 by substitute Respectfully submitted, Senator Jones of the 25th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 34 Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, FEBRUARY 18, 2015 569 SB 89 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 67 HB 203 SB 93 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: SB 11 SB 51 The President recognized John Ratzenberger and the National Educational Initiative. John Ratzenberger addressed the Senate briefly. Senator Tate of the 38th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. 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 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 Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. was excused. Senator Harper of the 7th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. 570 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Ginn Gooch Harbin Harbison Harper Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Miller Mullis Parent Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Fort (Excused) Orrock (Excused) Henson (Excused) Ramsey (Excused) Lucas (Excused) Tippins (Excused) Senator Tippins 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 James of the 35th introduced the chaplain of the day, Dr. Joseph M. Ripley, Sr. of College Park, Georgia, who offered scripture reading and prayer. Senator Parent of the 42nd introduced the doctor of the day, Dr. Harvey "James" Hamrick, Jr. Senator Hill of the 6th honored all Vietnam era and Vietnam War veterans and their families and recognized the week of May 6-12, 2015 as the 40th anniversary observance of the ending of the Vietnam War, commended by SR 96, adopted previously. Colonel Paul Longgrear and Sergeant Roger Wise, Jr. addressed the Senate briefly. WEDNESDAY, FEBRUARY 18, 2015 571 Senator Wilkinson of the 50th recognized Habersham County and declared February 18, 2015, as Habersham County Day at the State Capitol, commended by SR 151, adopted previously. Alan NeSmith addressed the Senate briefly. Senator Miller of the 49th recognized and congratulated Ben Johnson, Jennifer Johnson, Shelley Sweet, and Todd Ginsberg on being named Georgia's Restaurateurs of the Year, commended by SR 129, adopted previously. Karen I. Bremer, Executive Director of the Georgia Restaurant Association, addressed the Senate briefly. Senator James of the 35th recognized Ansel Ahabue on his placement as a top 10 finalist in the 2014 National Geographic Bee, commended by SR 75, adopted previously. Ansel Ahabue addressed the Senate briefly. Senator Butler of the 55th recognized the League of Women Voters of Georgia and the affiliated local Leagues in the State of Georgia on the occasion of their 95th anniversary and declared February 18, 2015, as League of Women Voters of Georgia Day at the capitol, commended by SR 139, adopted previously. Elizabeth Poythress addressed the Senate briefly. The following resolutions were read and adopted: SR 264. By Senator Jones II of the 22nd: A RESOLUTION recognizing Tuesday, February 24, 2015, as Math Day at the capitol; and for other purposes. SR 265. By Senators Williams of the 27th, Gooch of the 51st, Crane of the 28th, Wilkinson of the 50th, Harper of the 7th and others: A RESOLUTION commending the Forsyth County Sheriff's Department; and for other purposes. SR 268. By Senators Hufstetler of the 52nd, Burke of the 11th, Watson of the 1st and Orrock of the 36th: A RESOLUTION recognizing the Anesthesiology Assistants of Georgia; and for other purposes. SR 269. By Senators Gooch of the 51st, Beach of the 21st, Hill of the 4th, Wilkinson of the 50th, Miller of the 49th and others: A RESOLUTION commending Bill Elliott for his amazing racing career; and for other purposes. 572 JOURNAL OF THE SENATE SR 270. By Senators Gooch of the 51st, Beach of the 21st, Jeffares of the 17th, Harper of the 7th, Heath of the 31st and others: A RESOLUTION commending Chase Elliott on his excellence in the field of NASCAR; and for other purposes. SR 271. By Senators Gooch of the 51st, Jeffares of the 17th, Mullis of the 53rd, Harper of the 7th, Heath of the 31st and others: A RESOLUTION commending Atlanta Motor Speedway for stimulating the economy and providing entertainment and enjoyment to NASCAR fans across the State of Georgia and recognizing February 26, 2015, as Atlanta Motor Speedway Day at the capitol; and for other purposes. SR 272. By Senators Jackson of the 2nd and Harper of the 7th: A RESOLUTION honoring the life and memory of Dr. Freddie Marie Liggins Pippen; and for other purposes. SR 273. By Senator Dugan of the 30th: A RESOLUTION commending the University of West Georgia football team for their record-breaking season; and for other purposes. SR 274. By Senators Hill of the 32nd, Tippins of the 37th, Thompson of the 14th and Hill of the 6th: A RESOLUTION commending Leadership Cobb and the Leadership Cobb Class of 2015; and for other purposes. HR 319. By Representatives Carson of the 46th, Parsons of the 44th, Pruett of the 149th and Dollar of the 45th: A RESOLUTION honoring the lives and memory of Elrey "Bud" and June Runion; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 18, 2015 Seventeenth Legislative Day WEDNESDAY, FEBRUARY 18, 2015 573 (The names listed are the Senators whose districts are affected by the legislation.) SB 93 Burke of the 11th SEMINOLE COUNTY A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 67 Jones of the 25th MILLEDGEVILLE-BALDWIN COUNTY A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 203 Cowsert of the 46th TOWN OF BISHOP A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Hill, Jack N Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James Y Jeffares Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims 574 JOURNAL OF THE SENATE N Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath E Henson Y Hill, H Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the local legislation, the yeas were 45, nays 6. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2015 SEVENTEENTH LEGISLATIVE DAY SB 58 'Georgia Leadership and Service Admission Act' (H ED-6th) SB 79 Victim Compensation; expand the Criminal Justice Coordinating Council's powers and duties relative to claims (Substitute)(JUDYNC-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 58. By Senators Hill of the 6th, Thompson of the 14th, Williams of the 19th, Albers of the 56th, Harbison of the 15th and others: 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. WEDNESDAY, FEBRUARY 18, 2015 575 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin 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 Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. SB 58, having received the requisite constitutional majority, was passed. SB 79. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Judiciary Non-civil offered the following substitute to SB 79: 576 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; 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 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by revising subparagraph (a)(1)(E) and paragraph (1) of subsection (b) of Code Section 17-15-7, relating to persons eligible for awards, as follows: "(E) Is a dependent spouse, or parent, step-parent, child, or step-child of a person who is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime;" "(b)(1) Victims may be legal residents or nonresidents of this state. A surviving spouse, parent, or step-parent, child, or step-child who is legally dependent for his or her principal support upon a deceased victim shall be entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or step-parent, child, or step-child." SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (c) and subsection (j) of Code Section 17-15-8, relating to required findings and amount of award, as follows: "(2) No award under this chapter for the following losses shall exceed the maximum amount authorized: Category ....................................................................................... Maximum Award Lost wages..............................................................................................$ 10,000.00 Funeral expenses ..........................................................................3,000.00 6,000.00 Financial hardship or loss of support ........................................................10,000.00 Medical ...................................................................................................... 15,000.00 Counseling ................................................................................................... 3,000.00 Crime scene sanitization ........................................................................... 1,500.00" WEDNESDAY, FEBRUARY 18, 2015 577 "(j) In any case where a crime results in death, the spouse, children, parents, or stepparents, children, step-children, siblings, or step-siblings of such deceased victim may be considered eligible for an award for the cost of psychological counseling which is deemed necessary as a direct result of said criminal incident. The maximum award for said counseling expenses shall not exceed $3,000.00 for each claimant identified in this subsection." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch N Harbin Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 3. SB 79, having received the requisite constitutional majority, was passed by substitute. 578 JOURNAL OF THE SENATE Senator Davenport of the 44th recognized Clayton State University and recognizing February 18, 2015, as Clayton State University Day at the state capitol, commended by SR 174, adopted previously. President Dr. Tim Hynes addressed the Senate briefly. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, February 19, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:48 a.m. THURSDAY, FEBRUARY 19, 2015 579 Senate Chamber, Atlanta, Georgia Thursday, February 19, 2015 Eighteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Jeffares of the 17th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 87. By Representative Willard of the 51st: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes. 580 JOURNAL OF THE SENATE HB 104. By Representatives Dunahoo of the 30th, Sims of the 123rd, Greene of the 151st, Maxwell of the 17th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to clarify applicability of public bidding processes for certain conveyances; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 119. By Representatives Reeves of the 34th, Willard of the 51st, Fleming of the 121st and Mabra of the 63rd: A BILL to be entitled an Act to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 254. By Senators Orrock of the 36th, Unterman of the 45th, Butler of the 55th, Tate of the 38th, Hufstetler of the 52nd and others: A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 130. By Senators Thompson of the 14th, Unterman of the 45th, Stone of the 23rd, Henson of the 41st, Seay of the 34th 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 the uniform rules of the road, so as to provide that any person in control of a motor vehicle who smokes or permits another occupant to smoke when a person under the age of 15 is in the vehicle shall be guilty of a misdemeanor; to provide for secondary enforcement; to define a certain term; to provide a penalty; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. THURSDAY, FEBRUARY 19, 2015 581 SB 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SR 278. By Senators Cowsert of the 46th, Hill of the 32nd, Shafer of the 48th and Ginn of the 47th: A RESOLUTION encouraging the United States Congress to support equity and sales tax fairness; and for other purposes. Referred to the Committee on Finance. 582 JOURNAL OF THE SENATE SR 282. By Senators Albers of the 56th and Mullis of the 53rd: A RESOLUTION creating the Joint Peace Officer and Firefighter Occupational Disease Study Committee; and for other purposes. Referred to the Committee on Public Safety. SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Education and Youth. The following House legislation was read the first time and referred to committee: HB 87. By Representative Willard of the 51st: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. THURSDAY, FEBRUARY 19, 2015 583 HB 104. By Representatives Dunahoo of the 30th, Sims of the 123rd, Greene of the 151st, Maxwell of the 17th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to clarify applicability of public bidding processes for certain conveyances; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions and Property. HB 119. By Representatives Reeves of the 34th, Willard of the 51st, Fleming of the 121st and Mabra of the 63rd: A BILL to be entitled an Act to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. The following committee reports were read by the Secretary: Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 88 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Public Safety 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 by substitute Respectfully submitted, Senator Harper of the 7th District, Chairman 584 JOURNAL OF THE SENATE Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 38 Do Pass HB 257 Do Pass HB 148 Do Pass HB 258 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: SB 34 SB 89 SB 95 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 Jeffares of the 17th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused. Senator Jones of the 25th asked unanimous consent that Senator Martin of the 9th be excused. The consent was granted, and Senator Martin was excused. Senator Tippins of the 37th asked unanimous consent that Senator Hufstetler of the 52nd be excused. The consent was granted, and Senator Hufstetler was excused. Senator Tate of the 38th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. The following Senators were excused for business outside the Senate Chamber: Hill of the 6th Hill of the 32nd The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Henson Hill, Jack Jackson, L James Jeffares Jones, B Ramsey Rhett Seay Shafer Sims Stone THURSDAY, FEBRUARY 19, 2015 585 Cowsert Crane Davenport Dugan Ginn Gooch Harbin Harbison Harper Heath Jones, E Jones, H Kennedy Kirk Ligon Lucas McKoon Millar Miller Parent (Excused) Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Fort (Excused) Hufstetler (Excused) Mullis (Excused) Hill, H. (Excused) Jackson, B. Orrock (Excused) Hill, Judson (Excused) Martin (Excused) Senator Jackson of the 24th was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Ramsey, Sr. of the 43rd introduced the chaplain of the day, Dr. Aldren Sadler, Sr. of Conyers, Georgia, who offered scripture reading and prayer. Senator Jackson of the 2nd recognized Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and declared February 19, 2015, as Alpha Phi Alpha Day at the state capitol, commended by SR 173, adopted previously. District Director Ellis B. Albright addressed the Senate briefly. Senator Wilkinson of the 50th recognized February 19, 2015, as Georgia Farm Bureau Federation Day at the state capitol, commended by SR 88, adopted previously. President and CEO Zippy Duvall addressed the Senate briefly. Senator Parent of the 42nd recognized LEAD Atlanta for their work in empowering young leaders and declared February 19, 2015, as LEAD Atlanta Day at the state capitol, commended by SR 198, adopted previously. Senator Cowsert of the 46th recognized February 19, 2015, as University of Georgia Day at the state capitol and congratulated the University of Georgia on its 230th anniversary of becoming the first state-chartered institution in the United States of America, commended by SR 184, adopted previously. President Jere W. Morehead addressed the Senate briefly. 586 JOURNAL OF THE SENATE Senator Butler of the 55th introduced the doctor of the day, Dr. Raulnina Uzzle. The following resolutions were read and adopted: SR 275. By Senators Harper of the 7th and Ligon, Jr. of the 3rd: A RESOLUTION congratulating the Charlton County High School baseball team on winning the 2014 GHSA Class A Public State Championship; and for other purposes. SR 276. By Senators Miller of the 49th, Hill of the 4th, Millar of the 40th, Tippins of the 37th, Wilkinson of the 50th and others: A RESOLUTION commending the Georgia Inclusive Post-Secondary Education Consortium; and for other purposes. SR 277. By Senator Miller of the 49th: A RESOLUTION commending Will Crain for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes. SR 279. By Senators Thompson of the 5th, Tippins of the 37th, Unterman of the 45th, Harbin of the 16th and Sims of the 12th: A RESOLUTION commending Georgia State University student-athlete Ronald Jordan "R. J." Hunter for setting the school's all-time men's basketball scoring record; and for other purposes. SR 280. By Senators Seay of the 34th, Tate of the 38th, Butler of the 55th, Sims of the 12th, Harbison of the 15th and others: A RESOLUTION commending Mary Nathaniel Long for her many achievements; and for other purposes. SR 281. By Senators Seay of the 34th, Davenport of the 44th, Butler of the 55th, Tate of the 38th, Sims of the 12th and others: A RESOLUTION honoring and celebrating the 110th birthday of Maggie Katie Brown-Kidd, and for other purposes. THURSDAY, FEBRUARY 19, 2015 587 SR 283. By Senators Williams of the 27th, Gooch of the 51st, Bethel of the 54th, Wilkinson of the 50th, Crane of the 28th and others: A RESOLUTION congratulating the Lambert High School girls swimming team on winning the State Championship Title three years in a row; and for other purposes. SR 284. By Senators Beach of the 21st, Thompson of the 14th, Kennedy of the 18th, Seay of the 34th, Parent of the 42nd and others: A RESOLUTION recognizing February 24, 2015, as Health Information Technology Day at the state capitol; and for other purposes. SR 285. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Seay of the 34th, Jones II of the 22nd and others: A RESOLUTION commending Georgia State University student-athlete Ryann Austin Green for being selected as a candidate for the 2015 Senior CLASS Award; and for other purposes. SR 286. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Seay of the 34th, Jones II of the 22nd and others: A RESOLUTION congratulating Alfreda Stephens Macon on the grand occasion of her 100th birthday; and for other purposes. SR 288. By Senators Harbin of the 16th, Ramsey, Sr. of the 43rd, Kennedy of the 18th, Dugan of the 30th, Jackson of the 24th and others: A RESOLUTION recognizing and commending Pastor Eddie L. Ellison; and for other purposes. SR 289. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the National Council of Negro Women, Inc., and Chairwoman Ingrid Saunders Jones; 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: 588 JOURNAL OF THE SENATE SENATE LOCAL CONSENT CALENDAR Thursday February 19, 2015 Eighteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 38 Burke of the 11th MAGISTRATE COURT OF GRADY COUNTY A BILL to be entitled an Act to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 148 Kennedy of the 18th CITY OF BYRON A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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 257 Burke of the 11th DECATUR COUNTY A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 258 Burke of the 11th DECATUR COUNTY A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 19, 2015 589 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller E Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 48, nays 3. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The President recognized U.S. Representative Doug Collins who addressed the Senate briefly. SENATE RULES CALENDAR THURSDAY, FEBRUARY 19, 2015 EIGHTEENTH LEGISLATIVE DAY SB 51 Pharmacists and Pharmacies; provide for substitutions of interchangeable biological products (Substitute)(H&HS-11th) SB 65 Property; change provisions relating to an exemption (JUDY-23rd) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee 590 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 51: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising Code Section 26-4-5, relating to definitions, by adding new paragraphs to read as follows: "(1.1) 'Biological product' means a biological product as defined in subsection (i) of Section 351 of the Public Health Service Act, 42 U.S.C. Section 262." "(18.2) 'Interchangeable biological product' means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration." SECTION 2. Said chapter is further amended by revising Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows: "26-4-81. (a) In accordance with this Code section, a pharmacist may substitute: (1) A a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or THURSDAY, FEBRUARY 19, 2015 591 (2) A biological product with an interchangeable biological product. (b) If a practitioner of the healing arts prescribes: (1) A a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product by its nonproprietary name, the pharmacist shall dispense the lowest retail priced interchangeable biological product which is in stock. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced: (1) Drug drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent; or (2) Interchangeable biological product which is in stock. (d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product or interchangeable biological product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board. (3) If a pharmacist substitutes an interchangeable biological product for a prescribed biological product when dispensing a prescribed medication, the name of the interchangeable biological product, with an explanation of 'interchangeable biological product for (insert name of prescribed biological product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the biological product may not appear upon the prescription label; provided, however, that this paragraph shall not apply to biological products dispensed for in-patient hospital services or to biological products in specialty packaging for dosing purposes as defined by the board. (e) The substitution of any drug or biological product by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug or biological product order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product. 592 JOURNAL OF THE SENATE (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug or biological product order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug or biological product order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug or biological product order, a generic drug or interchangeable biological product shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record. (h) Within 48 hours, excluding weekends and holidays, following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescriber the specific product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy record that is electronically accessible by the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber, using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where: (1) There is no federal Food and Drug Administration approved interchangeable biological product for the prescribed product; or (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (i) The State Board of Pharmacy shall maintain a link on its website to the current list of all biological products determined by the federal Food and Drug Administration to be interchangeable with a specific biological product." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 19, 2015 593 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller E Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 1. SB 51, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: 2/19/15 Due to business outside the Senate Chamber, I missed the vote on SB 51. Had I been present, I would have voted "yes". /s/ Burt Jones District 25 2/19/15 Due to business outside the Senate Chamber, I missed the vote on SB 51. Had I been present, I would have voted "yea". /s/ David E. Lucas, Sr. District 26 594 JOURNAL OF THE SENATE SB 65. By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd and others: A BILL To be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan E Fort Y Ginn N Gooch N Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy N Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller E Mullis Y Orrock Y Parent Y Ramsey Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 5. SB 65, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 2/19/15 THURSDAY, FEBRUARY 19, 2015 595 Due to business outside the Senate Chamber, I missed the vote on SB 65. Had I been present, I would have voted "yes". /s/ Michael "Doc" Rhett District 33 The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 292. By Representatives Knight of the 130th and Powell of the 171st: 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 an effective date and applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes. 596 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: THURSDAY, FEBRUARY 19, 2015 597 The House offered the following amendment: Amend the Senate substitute to HB 75 by inserting the numbered sections and amounts appropriated therefor as contained in the attached document "HB 75 Senate Substitute As Amended By the House" in lieu of the corresponding numbered sections and amounts appropriated therefor as contained in the Senate substitute, which are hereby stricken: HB 75 SENATE SUBSTITUTE AS AMENDED BY THE HOUSE AMENDED FISCAL YEAR 2015 APPROPRIATIONS BILL FUND AVAILABILITY State General Fund Revenue Estimate Motor Fuel Funds Lottery for Education Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Payment Payments from Georgia Ports Authority Payments from Georgia Building Authority Payments from Workers' Compensation GOVERNOR'S RECOMMENDATION $ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320 $ 21,112,906,096 HOUSE $ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320 $ 21,112,906,096 SENATE $ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320 $ 21,112,906,096 HOUSE AMEND TO SENATE SUB $ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320 $ 21,112,906,096 FY 2015A HB 75 - Senate Substitute As Amended By The House Gov's Recommendation House Version Senate Version State Total State Total State Total Funds Funds Funds Funds Funds Funds Section 5: Appeals, Court of 5.1 Court of Appeals 5.1.3. Increase funds to fill one vacant full-time central 37,297 37,297 0 0 37,297 37,297 staff attorney position.(H:No)(S:Yes)(CC:Yes) Sen Sub as Amended State Total Funds Funds 37,297 37,297 598 JOURNAL OF THE SENATE Section 6: Judicial Council 6.4 Judicial Council 6.4.1. Increase funds for three compliance monitor positions and operating expenses to effectively and efficiently register and regulate misdemeanor probation providers.[County and Municipal Probation Advisory Council] (S:Increase funds for personnel for one new compliance monitor position and operations to effectively and efficiently register and regulate misdemeanor probation providers.)(CC:Increase funds for personnel for one new compliance monitor position and operations to effectively and efficiently register and regulate misdemeanor probation providers.) 88,217 88,217 Section 12: Administrative Services, Department of 12.5 Risk Management 12.5.1. Reduce funds from the Peace Officer Indemnification Trust Fund to meet projected need.[Indemnification Fund Support] - - Section 16: Community Affairs, Department of 16.13 Payments to Georgia Regional Transportation Authority 16.13.1 Increase funds for Xpress operations. . 1,554,683 1,554,683 Section 17: Community Health, Department of 17.5 Healthcare Facility Regulation 17.5.2. Increase funds for eight additional nurse surveyors effective April 1, 2015. [Direction and Program Support] (H:No)(S:Yes; Increase funds for personnel for four additional nurse surveyors effective April 1, 2015.)(CC:Yes; Increase funds for personnel for four additional nurse surveyors effective April 1, 2015.) 102,731 205,461 88,217 1,554,683 0 88,217 1,554,683 0 42,022 777,342 51,366 42,022 42,022 42,022 - (1,000,000) (1,000,000) 777,342 777,342 777,342 102,731 51,366 102,731 THURSDAY, FEBRUARY 19, 2015 599 Section 18: Corrections, Department of 18.1 County Jail Subsidy 18.1.1. Reduce funds to meet projected expenditures. 18.2 Departmental Administration 18.2.2. Reduce funds to meet projected expenditures. Section 20: Driver Services, Department of 20.2 License Issuance 20.2.2. Eliminate funds for one-time funding for rent for the Fulton Customer Service Center.[Full Service Centers] (CC:No) Section 22: Economic Development, Department of 22.1 Departmental Administration 22.1.1. Increase funds for one position and operating expenses to support international relations and trade events. 22.8 Tourism 22.8.1. Increase funds for the Georgia Civil War Commission.[Tourism, Marketing and Promotion] Section 23: Education, Department of 23.14 Quality Basic Education Equalization 23.14.1 Provide funds to school systems to avoid a funding . shortfall in FY 2016 and ensure compliance with O.C.G.A. 20-2-165.(S:Consider in the FY 2016 General budget) Section 26: Governor, Office of the 26.9 Governor's Office of Consumer Protection 26.9.1. Reduce funds for personal services to reflect projected expenditures. Section 27: Human Services, Department of 27.6 Child Welfare Services 27.6.2. Provide funds for the Court Appointed Special Advocates (CASA) program to address an increase in the cost of providing criminal background investigations. - 147,037 - (46,753) - - (566,724) (566,724) - - - - - - 147,037 147,037 147,037 - - - - 7,478,573 7,478,573 (46,753) (46,753) (46,753) - 12,500 12,500 (546,724) (20,000) (300,000) 132,037 30,000 0 (78,815) 25,000 (546,724) (20,000) (556,218) (556,218) (20,000) (20,000) (300,000) 0 0 132,037 132,037 132,037 30,000 20,000 20,000 0 8,299,466 8,299,466 (78,815) (46,753) (46,753) 25,000 20,000 20,000 600 JOURNAL OF THE SENATE Section 28: Insurance, Office of the Commission of 28.3 Fire Safety 28.3.2. Increase funds for operations and vehicles, - - - - 86,342 86,342 43,171 43,171 recognizing that the agency has $63,658 remaining in their motor vehicle purchasing budget. 28.3.3. Provide funds for implementation of a fire safety - - - - - - 622,219 622,219 management and reporting system. Section 30: Juvenile Justice, Department of 30.4 Secure Detention (RYDCs) 30.4.2. Reduce funds to meet projected expenditures.[RYDC Services] Section 33: Natural Resources, Department of 33.9 Wildlife Resources 33.9.2. Increase funds to meet projected expenditures in local tax digest payments per Code Section 48-144.[Game Management] Section 39: Public Service Commission 39.3 Utilities Regulation 39.3.1. Increase funds for one cost review analyst for the Plant Vogtle project. - - - - - - (1,000,000) (1,000,000) - - - - - - 105,000 105,000 - - 45,000 45,000 30,000 30,000 30,000 30,000 Section 40: Regents, University System of Georgia 40.14 Public Service/Special Funding Initiatives 40.14.2 . Provide funds to establish the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System.[Workforce Development Digital Media] 515,600 515,600 515,600 515,600 515,600 515,600 647,875 647,875 THURSDAY, FEBRUARY 19, 2015 601 Section 41: Revenue, Department of 41.2 Departmental Administration 41.2.1. 41.5 Transfer funds from the Industry Regulation ($50,000) and Revenue Processing ($100,000) programs to meet projected expenditures. Industry Regulation 41.5.1. 41.6 Transfer funds to the Technology Support Services ($550,000) and Departmental Administration ($50,000) programs to meet projected expenditures.[Licenses and Permits] Local Government Services 41.6.1. 41.8 Transfer funds to the Office of Special Investigations program to meet projected expenditures.[Local Government Services] Motor Vehicle Registration and Titling 41.8.1. 41.9 41.9.1. Increase funds to meet projected expenditures.[Tag and Title Registration] Office of Special Investigations Transfer funds from the Local Government Services program to meet projected expenditures. 41.10 Revenue Processing 41.10.1 . 41.13 41.13.1 . Transfer funds to the Departmental Administration ($100,000) and Motor Vehicle Registration and Titling ($500,000) programs to meet projected expenditures.[Returns Processing] Technology Support Services Transfer funds from the Industry Regulation program to meet projected expenditures. Section 42: Secretary of State 42.2 Elections 42.2.1. Provide funds for four positions and operating expenses.[Election Administration] (H & S:Provide funds for four positions and operating expenses for four months.)(CC:Provide funds for four positions and operating expenses for four months.) - - - - - - - - - - - - - - 173,119 173,119 - 138,532 - 138,532 - 131,061 - 150,000 150,000 - (600,000) (600,000) - (75,000) (75,000) - 1,500,000 1,500,000 - 75,000 75,000 - (600,000) (600,000) - 550,000 550,000 131,061 131,061 131,061 602 JOURNAL OF THE SENATE Section 43: Soil and Water Conservation Commission 43.3 Conservation of Soil and Water Resources 43.3.1. Reduce funding for two vacant positions.[Urban Lands] (S:No)(CC:Yes) - - (68,458) (68,458) 0 0 (37,678) (37,678) Section 46: Technical College System of Georgia 46.1 Adult Education 46.1.1. Utilize existing funds in Adult Education to recognize savings in the program and fund maintenance and repairs ($150,000).[Adult Basic Education] (S:Yes)(CC:No) - - Section 47: Transportation, Department of 47.9 Planning 47.9.1. Transfer $5,594,170 in prior year funds to the Routine Maintenance program. 47.10 Routine Maintenance 47.10.1 . 47.10.2 . 47.12 Increase funds for additional service agreements.[Bridges and Roadways] (CC:Utilize prior year funds.) Reduce funds.[Bridges and Roadways] (CC:Utilize prior year funds.) Payments to State Road and Tollway Authority 47.12.2 Increase funds for the Georgia Transportation . Infrastructure Bank. 4,382,231 - 4,382,231 - Section 50: General Obligation Debt Sinking Fund 50.1 GO Bonds Issued 50.1.3. Provide funds for debt service due in FY 2016.(CC:No) - - - 4,382,231 - - 0 0 0 0 - - - 0 0 4,382,231 0 0 0 4,382,231 - (1,211,939) (1,211,939) (1,211,939) 0 - 5,594,170 5,594,170 5,594,170 5,594,170 - 8,385,679 8,385,679 0 0 THURSDAY, FEBRUARY 19, 2015 603 Senator Hill of the 4th moved that the Senate agree to the House amendment to the Senate substitute to HB 75. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller E Mullis Y Orrock N Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 75. Senator Hill of the 4th moved that HB 75 be immediately transmitted to the House. On the motion, there was no objection, and HB 75 was immediately transmitted. Senator Cowsert of the 46th moved that the Senate adjourn until 9:00 a.m. Friday, February 20, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:55 a.m. 604 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 20, 2015 Nineteenth 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 95. By Representatives Tanner of the 9th, England of the 116th, Peake of the 141st, Carter of the 175th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Code Section 36-83-8 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to provide for a trust fund managed by the state treasurer; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 100. By Representatives Dickson of the 6th, Epps of the 144th, Greene of the 151st, England of the 116th and Coleman of the 97th: 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 change provisions relating to the date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 20, 2015 605 HB 162. HB 164. HB 198. HB 227. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes. By Representatives Martin of the 49th and Casas of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Duncan of the 26th, Martin of the 49th, Rutledge of the 109th, Pak of the 108th, Kelley of the 16th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to remove programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; to provide for an effective date; to repeal conflicting laws; and for other purposes. 606 JOURNAL OF THE SENATE SB 5. By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; 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 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 136. By Senators Harbin of the 16th, Ligon, Jr. of the 3rd, Stone of the 23rd, Jackson of the 24th, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for the "Life Insurance Consumer Disclosure Act"; to provide for written notice to FRIDAY, FEBRUARY 20, 2015 607 certain life insurance policyholders that request the surrender of, a loan against, or accelerated death benefit, nursing home benefit, critical illness benefit, or any other living benefit under a life insurance policy; to provide for a short title, to provide for definitions; to provide for the written notice provisions; to provide that the written notice shall be promulgated by rules and regulations by the Commissioner; to provide for penalties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 137. By Senators Harbin of the 16th, Thompson of the 14th, McKoon of the 29th, Ligon, Jr. of the 3rd, Stone of the 23rd and others: A BILL to be entitled an Act to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to expand the ownership restriction as it relates to the application of the value of the property covered against loss by fire; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. 608 JOURNAL OF THE SENATE SR 290. By Senator Gooch of the 51st: A RESOLUTION dedicating the Appalachian Parkway; and for other purposes. Referred to the Committee on Transportation. SR 292. By Senators Orrock of the 36th, Henson of the 41st, Tate of the 38th, Butler of the 55th, Seay of the 34th and others: A RESOLUTION commending Medicare on its 50th anniversary; and for other purposes. Referred to the Committee on Health and Human Services. SR 296. By Senators Henson of the 41st, Shafer of the 48th, Davenport of the 44th, Hill of the 4th, Butler of the 55th and others: A RESOLUTION recognizing Senator Lawrence (Bud) Stumbaugh and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. The following House legislation was read the first time and referred to committee: HB 95. By Representatives Tanner of the 9th, England of the 116th, Peake of the 141st, Carter of the 175th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Code Section 36-83-8 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to provide for a trust fund managed by the state treasurer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 100. By Representatives Dickson of the 6th, Epps of the 144th, Greene of the 151st, England of the 116th and Coleman of the 97th: 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 change provisions relating to the date by which a child must reach a certain age in order to be eligible for enrollment in certain educational FRIDAY, FEBRUARY 20, 2015 609 programs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 164. By Representatives Martin of the 49th and Casas of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 198. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 610 JOURNAL OF THE SENATE HB 227. By Representatives Duncan of the 26th, Martin of the 49th, Rutledge of the 109th, Pak of the 108th, Kelley of the 16th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to remove programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 292. By Representatives Knight of the 130th and Powell of the 171st: 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 an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 86 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Natural Resources and the Environment has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 26 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman FRIDAY, FEBRUARY 20, 2015 611 Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 300 Do Pass by substitute Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: SB 88 SB 100 Senator Hufstetler of the 52nd asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Martin of the 9th asked unanimous consent that Senator Burke of the 11th be excused. The consent was granted, and Senator Burke 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 Rhett of the 33rd be excused. The consent was granted, and Senator Rhett was excused. Senator Williams of the 19th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Cowsert Crane Davenport Dugan Ginn Gooch Harbin Harbison Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, B Jones, E Jones, H Kennedy Kirk McKoon Millar Miller Mullis Parent Seay Shafer Sims Stone Thompson, B Tolleson Unterman 612 JOURNAL OF THE SENATE Harper Heath Henson Ligon Lucas Martin Watson Wilkinson Williams, M Not answering were Senators: Burke (Excused) James Rhett (Excused) Tippins (Excused) Butler Orrock Tate Williams, T. (Excused) Fort (Excused) Ramsey 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 Unterman of the 45th introduced the chaplain of the day, Rabbi David Spinrad of Atlanta, Georgia, who offered scripture reading and prayer. Serving as the doctor of the day was Dr. Dingane Baruti. The following resolutions were read and adopted: SR 291. By Senators Orrock of the 36th, Tate of the 38th, Butler of the 55th, Seay of the 34th, Jones of the 10th and others: A RESOLUTION recognizing March, 2015, as Women's History Month; and for other purposes. SR 293. By Senators Orrock of the 36th, Butler of the 55th, Jackson of the 2nd, Tate of the 38th, Seay of the 34th and others: A RESOLUTION commending Kelley O'Hara for being named as part of the U.S. Women's National Soccer Team; and for other purposes. SR 294. By Senators Parent of the 42nd, Henson of the 41st, Butler of the 55th and Tate of the 38th: A RESOLUTION recognizing and commending Reverend Jai S. Haithco, Sr., on the occasion of his 30th anniversary of service in the African Methodist Episcopal Church; and for other purposes. FRIDAY, FEBRUARY 20, 2015 613 SR 295. By Senators Parent of the 42nd, Henson of the 41st, Butler of the 55th and Tate of the 38th: A RESOLUTION commending Joseph Sharp and congratulating him upon being named the University of Georgia's Amazing Student; and for other purposes. SR 297. By Senators Jackson of the 24th, Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Heath of the 31st: A RESOLUTION recognizing and commending Lieutenant John Cook on the grand 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 Friday February 20, 2015 Nineteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 300 Butler of the 55th Davenport of the 44th Ramsey, Sr. of the 43rd Parent of the 42nd Jones of the 10th Millar of the 40th COURT OF DEKALB A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE The substitute to the following bill was put upon its adoption: 614 JOURNAL OF THE SENATE *HB 300: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 300: A BILL TO BE ENTITLED AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by designating the existing text of such Act as Part 1 and by adding thereafter a new Part 2 to read as follows: "Part 2 Section 2-1. There is created a division of the State Court of DeKalb County to be known as the 'traffic division.' The traffic division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part. Section 2-2. (a) In addition to all other judges of the state court, there shall be four judges of the traffic division who shall be known as associate judges of the state court. The qualifications and election of the associate judges shall be as provided by general law. (b) The initial associate judges shall be appointed by the Governor. Such initial associate judges shall serve until January 1, 2017, and until their successors are duly elected and qualified. Their successors shall be elected at the 2016 general election to serve terms of four years. All such elections shall be as provided by general law. (c) Except as specifically provided in this part, all provisions of this Act relating to the judges of the state court shall be applicable to the associate judges of the traffic division. (d) The four associate judges of the traffic division are designated as full-time judges and may not engage in the private practice of law. FRIDAY, FEBRUARY 20, 2015 615 (e) Associate judges of the traffic division shall not be eligible to serve as senior judge of the state court. Section 2-3. (a) The traffic division shall have a presiding associate judge who shall be one of the four associate judges provided in Section 2-2. The initial presiding associate judge shall be selected by the senior judge of the state court. (b) The term of the presiding associate judge shall be for two years, or until the person serving as presiding associate judge resigns the position or leaves the court, whichever time is shorter. At the end of each term of the presiding associate judge, the position shall pass for a term as provided in this subsection to the next associate judge as follows: (1) The position of presiding associate judge shall pass to the next associate judge who has served as presiding associate judge the fewest number of terms; and (2) If more than one associate judge meet the criteria of paragraph (1) of this subsection, then among or between them the position shall pass to the next associate judge who has served as associate judge the longest time. For purposes of this paragraph, the order in which the associate judges were first sworn in shall govern. (c) No associate judge shall succeed himself or herself for an additional term as presiding associate judge. (d) The four associate judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the associate judges with respect to such matters, the decision of the presiding associate judge shall govern. (e) Notwithstanding any provision of this part to the contrary, the senior judge of the state court shall have ultimate authority over all matters concerning the administration of the traffic division. Section 2-4. (a) All cases involving violations of the traffic laws of the State of Georgia shall be assigned to the state court. (b) The senior judge of the state court may order that cases involving violations of the traffic laws of the State of Georgia or any other matters within the jurisdiction of the state court be assigned to the traffic division. (c) The provisions of this section shall not limit the power of the associate judges to hear and decide any matter within the jurisdiction of the state court, but the associate judges shall hear and decide only such matters as are assigned to the traffic division by order of the senior judge of the state court. (d) This section shall not limit the power of the associate judges to punish contempts in the same manner as any other judge of the state court. Section 2-5. The associate judges shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia and the 616 JOURNAL OF THE SENATE Constitution of the United States, which oath may be administered by any officer authorized under the laws of this state to administer oaths. Section 2-6. The solicitor of the state court shall be the solicitor of the traffic division. Section 2-7. The clerk of the state court shall be the clerk of the traffic division. All records of the Recorder's Court of DeKalb County shall be transferred to and maintained by the clerk of the state court." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 48, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black E Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Orrock Y Parent Ramsey E Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson FRIDAY, FEBRUARY 20, 2015 617 Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M E Williams, T On the passage of the local bill, the yeas were 48, nays 0. HB 300, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SENATE RULES CALENDAR FRIDAY, FEBRUARY 20, 2015 NINETEENTH LEGISLATIVE DAY SB 4 Urban Redevelopment; provide for use of surface transportation projects; definitions; public contracts with private enterprises for completion (Substitute) (ED&T-51st) SB 72 "Tanja's Law"; provide measure of equivalency in punishment of crimes committed against police dogs in performance of their official duties (Substitute) (PUB SAF-53rd) Respectfully submitted, /s/ Tolleson of the 20th, Vice-Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. 618 JOURNAL OF THE SENATE The Senate Committee on Economic Development and Tourism offered the following substitute to SB 4: A BILL TO BE ENTITLED AN ACT To amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; 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 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, is amended by revising paragraphs (17) and (19) through (22) and adding two new paragraphs to Code Section 36-61-2, relating to definitions, as follows: "(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area or portion thereof, in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen or increase density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities or improvements, including, but not limited to, surface transportation projects; (C) Installation, construction, or reconstruction of streets, transit facilities and improvements, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan." "(19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; FRIDAY, FEBRUARY 20, 2015 619 (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, transit facilities, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other public facilities and improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. (20) 'Sponsoring local government' means the municipality or county which approves and is, directly or indirectly, providing the greatest percentage of the public funding, exclusive of federal funding, for a surface transportation project. (21) 'Surface transportation project' means a project for public improvement and any related public facilities which is planned to impact 10,000 or more acres and at least ten transit miles within the area of operation of the sponsoring local government, including any related facilities, systems, parks, trails, streets, greenspace, and any other integrated public or private development features included within any adopted infrastructure or transportation plan, urban redevelopment plan, strategic implementation plan, redevelopment plan, workable programs, or comprehensive plans. Surface transportation projects may be undertaken under this chapter in areas proximate to, but lying outside of, a designated urban redevelopment area, without regard to any requirement that the area be a slum or blighted area, but only within the territorial limits of the sponsoring local government, provided that: (A) The majority of the applicable surface transportation project is located within one or more urban redevelopment areas; (B) The elements of such surface transportation project lying outside of one or more urban redevelopment areas are a functional component of a redevelopment plan authorized under the provisions of Chapter 44 of this title or a comprehensive development plan adopted in accordance with the rules of the Department of Community Affairs under Chapter 8 of Title 50; and (C) The sponsoring local government determines that the elements of the surface transportation project lying outside of one or more urban redevelopment areas are essential to the full implementation of such project, which legislative determination shall be deemed conclusive. (22) 'Urban redevelopment area' means a slum area which the local governing body designates as appropriate for an urban redevelopment project. (21)(23) 'Urban redevelopment plan' means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall: (A) Conform to the general plan for the municipality or county as a whole; and (B) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban redevelopment area; zoning and planning 620 JOURNAL OF THE SENATE changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (22)(24) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums and may involve slum clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, the implementation of public improvements, including, but not limited to, surface transportation projects, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such the following purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities." SECTION 2. Said chapter is further amended by revising Code Section 36-61-4, relating to the encouragement of private enterprise in urban redevelopment, as follows: "36-61-4. (a) A municipality or county, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. A municipality or county shall give consideration to this objective in exercising its powers under this chapter, including: the formulation of a workable program; the approval of urban redevelopment plans consistent with the general plan for the municipality or county; the adoption and enforcement of ordinances as provided for in Code Section 36-61-11; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements. (b) Notwithstanding anything in this chapter or other provisions of law to the contrary, FRIDAY, FEBRUARY 20, 2015 621 and in order to give effect to the encouragement of private enterprise contemplated in this Code section, the following shall apply to contracts and agreements for surface transportation projects entered into pursuant to this chapter: (1) In addition to other methods of procurement authorized by law, the sponsoring local government, urban redevelopment agency, or other governing body shall be authorized to utilize the procedures of this chapter to provide for the planning, design, finance, construction, acquisition, leasing, operation, and maintenance of surface transportation projects. The provisions of this chapter shall be an alternative to such other methods to be exercised at the option of each sponsoring local government or public body; (2) One or more public bodies may participate in the consideration and implementation of a surface transportation project at the discretion of the sponsoring local government. Where more than one public body agrees to participate in the consideration or implementation of a surface transportation project, the participants may designate one or more representatives of each such participating public body, as agreed to by the sponsoring local government or the urban redevelopment agency; (3)(A) An urban redevelopment agency designated by the sponsoring local government may evaluate a project to determine the appropriate or desirable levels of public and private participation in planning, designing, financing, constructing, operating, maintaining, or facilitating, or any combination thereof, for the execution of such project. Such urban redevelopment agency may designate a public nonprofit, private corporation, body, or entity to perform this function and to otherwise perform the activities contemplated in this Code section. (B) A sponsoring local government or an urban redevelopment agency shall be authorized to issue, individually or in sequenced stages, written requests for expressions of interest, qualifications, or proposals, or any combination thereof, or other similar methods of procurement or solicitation. Such requests shall indicate the scope of the project, the proposed public and private financial participation in the project, including, but not limited to, the rights, responsibilities, obligations, revenue sharing features, any lease, license, availability or other payment rights, and any other allocations of interests and federal and state income tax benefits in respect of real and personal property relating to a project. Such requests shall include the factors to be used in evaluating responses, the relative importance of any applicable evaluation factors, and other contractual terms and conditions expected, including any unique capabilities or qualifications that will be required of respondents, as determined in the sole discretion of the designated representative of the sponsoring local government. Public notice of such requests shall be made at least 30 days prior to the date set for the release of said request by posting a legal notice on the websites of the sponsoring local government and the public body implementing the project, in substantially the same manner utilized by such public bodies in order to solicit requests for proposals, with a copy of such notice provided simultaneously to each affected public body. (C)(i) The public body implementing the project and the sponsoring local 622 JOURNAL OF THE SENATE government, with the participation of any designated representatives of other participating public bodies as determined by the sponsoring local government, may engage in individual discussions and interviews with each respondent deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation as called for in such request. Repetitive interviews may be conducted. Any such interviews shall be deemed to be a part of the procurement process. (ii)(I) At the conclusion of the final stage, on the basis of evaluation factors published in the request and all information developed in the selection process, the public body implementing the surface transportation project, in an open and public meeting subject to the provisions of Chapter 14 of Title 50, shall rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. (II) After ranking the proposals, the public body implementing the project shall begin negotiations with the first ranked private entity. If such public body and first ranked private entity do not reach a comprehensive agreement or interim agreement, such public body may conduct negotiations with the next ranked private entity. Such process shall continue until such public body either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. Negotiations conducted with one or more selected respondent pursuant to this Code section shall continue to be deemed an active procurement until the execution of the final, definitive agreement with the selected respondent or respondents. (iii) The public body implementing the project shall select for approval the respondent offering the most satisfactory and advantageous contract terms for the project based upon a thorough assessment of any one or more of the following: experience and reputation with similar projects; engineering and design quality; value; projected savings during, before, or after construction; and the ability of the final project's characteristics to meet the goals of the sponsoring local government, consistent with applicable plans and programs. The fair market value of any property included as a part of the procurement may be based on the consideration of the above factors, but it shall not be less than the initial cost to obtain the property. Before making such selection, the designated representative shall consult in an open and public meeting subject to the provisions of Chapter 14 of Title 50 with the representatives of any participating local governing authority, participating local authority, participating state agency, department, or authority, and affected local government. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request, the implementing public body may award contracts to more than one respondent. Should the implementing public body determine in writing that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the other respondents under consideration, a contract may be negotiated and FRIDAY, FEBRUARY 20, 2015 623 awarded to that respondent. (iv) Upon approval of the selection by the implementing public body, a contract or contracts not exceeding 50 years in duration may be entered into by the urban redevelopment agency or any one or more of the participating public bodies and the selected respondent or respondents. The private financial information provided by the respondents shall remain exempt from Code Section 50-18-72 during and after the conclusion of the related selection process. (D) A dispute over the award of a contract under this chapter shall be resolved by the filing of a petition in the superior court of the county in which the sponsoring local government is located within 30 days of the awarding of such contract and shall be determined through the use of a special master appointed by the judge of the superior court of the county in which the sponsoring local government is located. The special master shall not be authorized to enjoin or otherwise delay or suspend the execution of the contract and any work to be performed under such contract. The decision of the special master with regard to such dispute shall be appealable for a de novo review to the superior court of the county in which the sponsoring local government is located within 30 days following the decision of the special master. (E) Nothing in this chapter shall require the designated representatives, the sponsoring local government, the implementing public body, or any participating public body to continue negotiations or discussions arising out of any request or any other procurement initiated under the provisions of this Code section. (F) Every public body shall be authorized to promulgate reasonable rules and regulations to assist in its evaluation of responses and to implement the purposes of this chapter; provided, however, that unsolicited proposals shall not be permitted; (4) No public officer, employee, or member of any participating public body, with respect to contracts of such public body, or the General Assembly shall serve as an agent, lobbyist, or board member for any private entity directly or indirectly under a contract or negotiating a contract provided for by this chapter for three years after leaving his or her position as a public officer, employee, or member of the public body or the General Assembly; and (5) Contracts entered into with a private enterprise in respect to the design, construction, operation, financing, or management of the public components of a surface transportation project shall not constitute the acquisition of property for a private use, nor shall such contracts be deemed a sale, lease, or other disposition of the related interests in property under any provisions of this chapter or other provision of applicable law, and such public components of a surface transportation project shall be deemed a public use for all purposes under applicable provisions of law, including, without limitation, Code Sections 36-61-9 and 36-61-10." SECTION 3. Said chapter is further amended by revising Code Section 36-61-6, relating to formulation of a workable program for urban redevelopment, as follows: 624 JOURNAL OF THE SENATE "36-61-6. For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of slums into areas of the municipality or county which are free from slums, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum areas or portions thereof by replanting, removing congestion, providing parks, playgrounds, and other public improvements, including without limitation surface transportation projects, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas or portions thereof." SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 36-61-10, relating to the disposal of property in a redevelopment area, as follows: "(b)(1) A municipality or county may dispose of real property in an urban redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe, or as are provided in this subsection or, solely with respect to and for the benefit of advancing surface transportation projects, as provided in Code Section 36-61-4. A municipality or county, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under this Code section, may invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban redevelopment area or any part thereof. The notice shall identify the area or portion thereof and shall state that such further information as is available may be obtained at such office as shall be designated in the notice. The municipality or county shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the municipality or county in the urban redevelopment area. The municipality or county may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter. The municipality or county may execute contracts in accordance with subsection (a) of this Code section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contracts." FRIDAY, FEBRUARY 20, 2015 625 SECTION 5. Said chapter is further amended by revising Code Section 36-61-12, relating to the issuance of bonds for urban redevelopment projects, as follows: "36-61-12. (a) A municipality or county shall have power to issue bonds, in its discretion, from time to time, to finance the undertaking of any urban redevelopment project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects and shall also have power to issue refunding bonds for the payment of retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality or county derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this chapter; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban redevelopment projects of the municipality or county under this chapter, and by a mortgage of any such urban redevelopment projects or any part thereof, title to which is in the municipality or, county, or redevelopment agency. (b) Bonds issued under this Code section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (c) Bonds issued under this Code section shall be authorized by resolution or ordinance of the local governing body. They may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by the resolution of the local governing body or by the trust indenture or mortgage issued pursuant thereto. (d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality or county may determine or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the federal government or to an institution insured by an agency of the federal government at private sale at not less than par and, in the event that less than all of the authorized principal amount of such bonds is sold to the federal government or to an institution insured by an agency of the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality or county, such 626 JOURNAL OF THE SENATE cost not to exceed the interest cost to the municipality or county of the portion of the bonds sold to the federal government or to an institution insured by an agency of the federal government. All revenue bonds, but not notes or other obligations, issued under this Code section shall be issued and validated under and in accordance with the procedure set forth in Article 3 of Chapter 82 of this title. The provisions of any resolution or ordinance authorizing the issuance of bonds under this Code section shall be a contract with every holder of such bonds and enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (e) If any of the public officials of the municipality or county whose signatures appear on any bonds or coupons issued under this chapter cease to be such officials before the delivery of the bonds, such signatures, nevertheless, shall be valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality or county in connection with an urban redevelopment project, as defined in paragraph (22)(24) of Code Section 36-612, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with this chapter. (g) Any urban redevelopment agency or housing authority which a municipality or county has elected to exercise powers under Code Section 36-61-17 may also issue bonds, as provided in this Code section, in the same manner as a municipality or county, except that such bonds shall be authorized and the terms and conditions thereof shall be prescribed by the commissioners of such urban redevelopment agency or housing authority in lieu of the local governing body." SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 36-61-14, related to property exempt from taxes and from levy and sale by virtue of an execution, as follows: "(b) The property of a municipality, or county, or any other public body, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. Such tax exemption shall terminate when the municipality or county sells, leases, or otherwise disposes of property in an urban redevelopment area to a purchaser or lessee who or which is not a public body." SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 36-61-16, relating to cooperation by public bodies, as follows: FRIDAY, FEBRUARY 20, 2015 627 "(a) For the purpose of aiding in the planning, undertaking, or carrying out of an urban redevelopment project located within the area in which it is authorized to act, any public body, upon such terms, with or without consideration, as it may determine, may: (1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality or county; (2) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this Code section; (3) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban redevelopment plan; (4) Lend, grant, or contribute funds to a municipality or county; (5) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or county or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban redevelopment project and other provisions allocating legal responsibility for matters arising under or in connection with transactions entered into pursuant to Code Section 36-61-4; and (6) Cause public buildings and public facilities, including parks, trails, greenspace, playgrounds, recreational, community, education, transit, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places; plan, replan, zone, or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality or county. If at any time title to or possession of any urban redevelopment project is held by any public body or governmental agency, other than the municipality or county, which is authorized by law to engage in the undertaking, carrying out, or administration of urban redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this subsection shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the terms 'municipality' and 'county' shall also include an urban redevelopment agency or a housing authority vested with all of the urban redevelopment project powers pursuant to Code Section 36-61-17." 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. 628 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black E Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Ramsey E Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate N Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M E Williams, T On the passage of the bill, the yeas were 43, nays 3. SB 4, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: James of the 35th Orrock of the 36th SB 72. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Public Safety offered the following substitute to SB 72: FRIDAY, FEBRUARY 20, 2015 629 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 revise penalties regarding destroying or injuring a police dog or police horse; to provide for definitions; to create the offenses of harming a law enforcement animal in the fourth, third, second, and first degrees; to provide for exceptions; to provide that the autopsy of a law enforcement animal murdered in performance of its official duties shall be conducted by the Georgia Bureau of Investigation; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "Tanja's Law." SECTION 2. 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, is amended by revising Code Section 16-11-107, relating to destroying or injuring a police dog or police horse, as follows: "16-11-107. (a) As used in this Code section, the term: (1) 'Accelerant detection dog' means a dog trained to detect hydrocarbon substances. (2) 'Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (2.1) 'Dangerous weapon' shall have the same meaning as provided for in Code Section 16-11-121. (2.2) 'Firearm' means any handgun, rifle, shotgun, stun gun, taser, or dangerous weapon. (3) 'Firearms detection dog' means a dog trained to locate firearms by scent. (3.1) 'Knowingly' means having knowledge that an animal is a law enforcement animal. (3.2) 'Law enforcement animal' means a police dog, police horse, or any other animal trained to support a peace officer, fire department, or the state fire marshal in performance of law enforcement duties. (4) 'Narcotic detection dog' means a dog trained to locate narcotics by scent. (5) 'Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (6) 'Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (6.1) 'Performance of its duties' means performing law enforcement, fire department, 630 JOURNAL OF THE SENATE or state fire marshal duties as trained. (7) 'Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. Such term 'Police dog' also means a search and rescue dog. (8) 'Police horse' means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. (8.1) 'Search and rescue dog' means any dog that is owned or the services of which are employed by a fire department or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including but not limited to persons who are lost, who are trapped under debris as a result of a natural or manmade disaster, or who are drowning victims. (9) 'Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or debilitating physical injury to a police dog or police horse, knowing said dog to be a police dog or said horse to be a police horse, 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, or a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog or police horse for humane purposes. (b) A person commits the offense of harming a law enforcement animal in the fourth degree when he or she knowingly and intentionally causes physical harm to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both. (c) A person commits the offense of harming a law enforcement animal in the third degree when he or she knowingly and with a deadly weapon causes, or with any object, device, instrument, or body part which, when used offensively against such law enforcement animal, is likely to or actually does cause, serious physical injury to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment for not less than six nor more than 12 months, a fine not to exceed $10,000.00, or both. (d) A person commits the offense of harming a law enforcement animal in the second degree when he or she knowingly and intentionally shoots a law enforcement animal with a firearm or causes debilitating physical injury to a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation 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 five years, a fine not to FRIDAY, FEBRUARY 20, 2015 631 exceed $15,000.00, or both. (e) A person commits the offense of harming a law enforcement animal in the first degree when he or she knowingly and intentionally causes the death of a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 18 months nor more than five years, a fine not to exceed $20,000.00, or both. (f) In addition to any other penalty provided for under this Code section, any person convicted of a violation under this Code section shall pay restitution to the law enforcement agency, fire department, or the state fire marshal which is the owner of, or which owned, such law enforcement animal in the amount of associated veterinary expenses incurred in the treatment of such law enforcement animal pursuant to Article 1 of Chapter 14 of Title 17; provided, however, that if such law enforcement animal died or is no longer able to engage in performance of its duties as a result of a violation of this Code section, the amount paid in restitution shall additionally include the amount of the actual replacement value of the law enforcement animal, which shall include the value of an animal to replace the law enforcement animal and all costs associated with training such animal and its handler or handlers. (g) Nothing in this Code section shall prohibit the killing or euthanasia of a law enforcement animal for humane purposes. (h) Nothing in this Code section shall prohibit the defense of a person against a law enforcement animal that attacks such person without or in spite of commands given by its handler. (i) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall perform forensic pathology services upon any law enforcement animal whose death occurred while in performance of its duties or because of such law enforcement animal's performance of its duties." 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 Beach Y Bethel Y Hill, Jack E Hill, Judson Y Hufstetler E Orrock Y Parent Y Ramsey 632 JOURNAL OF THE SENATE Y Black E Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M E Williams, T On the passage of the bill, the yeas were 46, nays 3. SB 72, having received the requisite constitutional majority, was passed by substitute. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Monday, February 23, 2015; the motion prevailed, and at 10:03 a.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 23, 2015 633 Senate Chamber, Atlanta, Georgia Monday, February 23, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 49. By Representatives Harrell of the 106th, Knight of the 130th, Fludd of the 64th, Powell of the 171st and Houston of the 170th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for electronic service of certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to 634 JOURNAL OF THE SENATE HB 160. HB 202. HB 298. HB 305. HB 320. provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Willard of the 51st, Oliver of the 82nd, Beskin of the 54th, Pak of the 108th and others: A BILL to be entitled an Act to amend Code Section 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal the sunset and legislative review provisions; to provide for related matters; 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 create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 MONDAY, FEBRUARY 23, 2015 635 HB 329. HB 345. HB 371. HB 379. grants, so as to provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Reeves of the 34th, Carson of the 46th, Evans of the 42nd, Setzler of the 35th, Thomas of the 39th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. By Representatives Trammell of the 132nd and Nix of the 69th: A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes. By Representatives Corbett of the 174th, Shaw of the 176th, Sharper of the 177th and Carter of the 175th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dickerson of the 113th, Welch of the 110th, Rutledge of the 109th and Belton of the 112th: A BILL to be entitled an Act to authorize the City of Porterdale 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 636 JOURNAL OF THE SENATE "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 380. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; 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 140. By Senators James of the 35th, Albers of the 56th and Hill of the 6th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for an automatic repeal; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of South Fulton; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 141. By Senators Jones of the 10th, McKoon of the 29th, Seay of the 34th, Butler of the 55th, Sims of the 12th and others: A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 142. By Senators Beach of the 21st and Mullis of the 53rd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to regulate procedures governing MONDAY, FEBRUARY 23, 2015 637 applications for permits for critical infrastructure projects; to regulate local government zoning procedures with respect to critical infrastructure projects; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 143. By Senators Hufstetler of the 52nd, Seay of the 34th, Albers of the 56th, Stone of the 23rd, Watson of the 1st and others: 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 require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and certain hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 144. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to acquisition of property for transportation purposes, so as to provide for attorney's fees and expenses of trial in appeals to condemnation compensation award amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 145. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 31-2-3 of the Official Code of Georgia Annotated, relating to the Board of Community Health, so as to provide that at least one member of the board is also a member of the state health benefit plan; to provide that current members carry out their respective terms; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 638 JOURNAL OF THE SENATE SB 146. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the costs of special primaries or special elections to fill vacancies in public offices shall be paid by this state in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 147. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 and Article 4 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools and bidding for government works projects, respectively, so as to impose requirements on certain contracts and purchases by local boards of education; to require that professional services contracts exceeding $50,000.00 be competitively bid; to require that the guaranteed maximum price submitted by a construction manager at risk to a local board of education not be changed after execution of a contract; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others: A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. MONDAY, FEBRUARY 23, 2015 639 SB 149. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits, so as to provide for creditable service for certain military service; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 150. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits, so as to provide for creditable service for certain military service; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 151. By Senators Martin of the 9th, Black of the 8th, McKoon of the 29th, Williams of the 27th, Hill of the 6th and others: A BILL to be entitled an Act to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers, so as to impose penalties on members of the General Assembly who repeatedly misuse expense funds and reimbursements; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. SB 152. By Senators Hill of the 6th, Millar of the 40th and Thompson of the 5th: A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to provide for the transfer of membership between the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. 640 JOURNAL OF THE SENATE SB 153. By Senators Ginn of the 47th, Martin of the 9th, Cowsert of the 46th, Williams of the 19th, Williams of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages, so as to provide that a person who has all necessary licenses to sell alcoholic beverages by the drink or for consumption on the premises may purchase malt beverages, wine, and distilled spirits from retailers under certain conditions for resale; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 329. By Senators Beach of the 21st, Gooch of the 51st, Cowsert of the 46th, Millar of the 40th and Mullis of the 53rd: A RESOLUTION commending Taiwan for its relations with the United States; and for other purposes. Referred to the Committee on Economic Development and Tourism. SR 330. By Senator McKoon of the 29th: 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 Committee on Ethics. SR 331. 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 Committee on Appropriations. SR 335. By Senators McKoon of the 29th and Crane of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a budget session and a general law session for the General Assembly each MONDAY, FEBRUARY 23, 2015 641 year; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. SR 336. 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 require 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 Committee on Judiciary Non-Civil. SR 337. By Senator McKoon of the 29th: 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 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 Committee on Finance. The following House legislation was read the first time and referred to committee: HB 49. By Representatives Harrell of the 106th, Knight of the 130th, Fludd of the 64th, Powell of the 171st and Houston of the 170th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for electronic service of certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. 642 JOURNAL OF THE SENATE HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 160. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 298. By Representatives Jacobs of the 80th, Willard of the 51st, Oliver of the 82nd, Beskin of the 54th, Pak of the 108th and others: A BILL to be entitled an Act to amend Code Section 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal MONDAY, FEBRUARY 23, 2015 643 the sunset and legislative review provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 305. By Representative Jackson of the 128th: A BILL to be entitled an Act to create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 329. By Representatives Reeves of the 34th, Carson of the 46th, Evans of the 42nd, Setzler of the 35th, Thomas of the 39th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 644 JOURNAL OF THE SENATE HB 345. By Representatives Trammell of the 132nd and Nix of the 69th: A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 371. By Representatives Corbett of the 174th, Shaw of the 176th, Sharper of the 177th and Carter of the 175th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 379. By Representatives Dickerson of the 113th, Welch of the 110th, Rutledge of the 109th and Belton of the 112th: A BILL to be entitled an Act to authorize the City of Porterdale 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 Committee on State and Local Governmental Operations. HB 380. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. MONDAY, FEBRUARY 23, 2015 645 The following committee reports were read by the Secretary: Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate the following action: SB 100 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Committee on Rules to the Senate Committee on Public Safety from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Committee on Science and Technology 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 Do Pass by substitute Respectfully submitted, Senator Beach of the 21st District, Chairman The following legislation was read the second time: HB 86 SR 26 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 Burke of the 11th asked unanimous consent that Senator Sims of the 12th be excused. The consent was granted, and Senator Sims was excused. Senator Henson of the 41st asked unanimous consent that Senator Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. was excused. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Henson Hill, H Hill, Jack Mullis Orrock Parent 646 JOURNAL OF THE SENATE Black Burke Butler Cowsert Crane Davenport Dugan Ginn Gooch Harbin Harbison Harper Heath Hill, Judson Hufstetler Jackson, B Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Rhett Seay Shafer Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Fort Millar (Excused) Sims (Excused) Jackson, L. (Excused) Miller Thompson, C. James Ramsey (Excused) 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 Heath of the 31st introduced the chaplain of the day, Reverend Randy Rooks of Buchanan, Georgia, who offered scripture reading and prayer. Senator Seay of the 34th honored Mary Nathaniel Long for her many achievements, commended by SR 280, adopted previously. Senator Tolleson of the 20th recognized the 4-H Clubs of Georgia; recognizing February 23, 2015, as 4-H Day at the capitol, commended by SR 22, adopted previously. Ben Hancock addressed the Senate briefly. Senator Henson of the 41st honored Deputy Sheriff Cynthia Hall for her bravery and commitment to serving Georgians, commended by SR 41, adopted previously. Deputy Sheriff Cynthia Hall addressed the Senate briefly. Senator Hufstetler of the 52nd recognized the Anesthesiology Assistants of Georgia, commended by SR 268, adopted previously. President Joy Rusmisell addressed the Senate briefly. MONDAY, FEBRUARY 23, 2015 647 Senator Harper of the 7th introduced the doctor of the day, Dr. James W. Barber. Senator Williams of the 19th recognized Great Promise Partnership, commended by SR 78, adopted previously. Former Senator Mike Beatty addressed the Senate briefly. The following resolutions were read and adopted: SR 298. By Senators Millar of the 40th, Kennedy of the 18th and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jeremy S. Jones of Albany State University on Academic Recognition Day for 2015; and for other purposes. SR 299. By Senators Millar of the 40th and Jackson of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Blair Weaver of Armstrong Atlantic State University on Academic Recognition Day for 2015; and for other purposes. SR 300. By Senators Millar of the 40th, Rhett of the 33rd and Orrock of the 36th: A RESOLUTION commending University System of Georgia Outstanding Scholar Michael Patterson of Atlanta Metropolitan State College on Academic Recognition Day for 2015; and for other purposes. SR 301. By Senators Millar of the 40th, Burke of the 11th and Stone of the 23rd: A RESOLUTION commending University System of Georgia Outstanding Scholar April C. McNair of Bainbridge State College on Academic Recognition Day for 2015; and for other purposes. SR 302. By Senators Millar of the 40th and Ligon, Jr. of the 3rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Jedidiah O. Lindborg of College of Coastal Georgia on Academic Recognition Day for 2015; and for other purposes. SR 303. By Senators Millar of the 40th, Ramsey, Sr. of the 43rd and Davenport of the 44th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jeremy Borger of Georgia Perimeter College on Academic Recognition Day for 2015; and for other purposes. 648 JOURNAL OF THE SENATE SR 304. By Senators Millar of the 40th, Jones II of the 22nd and Ginn of the 47th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brittney Melinda Laufer of Georgia Regents University on Academic Recognition Day for 2015; and for other purposes. SR 305. By Senators Millar of the 40th, Albers of the 56th and Orrock of the 36th: A RESOLUTION commending University System of Georgia Outstanding Scholar Fernando Mattos of Georgia State University on Academic Recognition Day for 2015; and for other purposes. SR 306. By Senators Millar of the 40th, Tippins of the 37th and Albers of the 56th: A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine Grace Street of Kennesaw State University on Academic Recognition Day for 2015; and for other purposes. SR 307. By Senators Millar of the 40th, Lucas of the 26th and Tolleson of the 20th: A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah Hollifield of Middle Georgia State College on Academic Recognition Day for 2015; and for other purposes. SR 308. By Senators Millar of the 40th and Jackson of the 24th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brittany Bush of Savannah State University on Academic Recognition Day for 2015; and for other purposes. SR 309. By Senators Millar of the 40th, Williams of the 19th and Harper of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jenna R. Rozier of South Georgia State College on Academic Recognition Day for 2015; and for other purposes. SR 310. By Senators Millar of the 40th and Dugan of the 30th: A RESOLUTION commending University System of Georgia Outstanding Scholar Osayame Gaius-Obaseki of University of West Georgia on Academic Recognition Day for 2015; and for other purposes. MONDAY, FEBRUARY 23, 2015 649 SR 311. By Senators Millar of the 40th, Miller of the 49th and Gooch of the 51st: A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan Chase Strickland of University of North Georgia on Academic Recognition Day for 2015; and for other purposes. SR 312. By Senators Millar of the 40th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Hillary Brooke Bird of Georgia Southern University on Academic Recognition Day for 2015; and for other purposes. SR 313. By Senators Millar of the 40th, Tolleson of the 20th and Kennedy of the 18th: A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley D. Davis of Fort Valley State University on Academic Recognition Day for 2015; and for other purposes. SR 314. By Senators Millar of the 40th, Black of the 8th and Kennedy of the 18th: A RESOLUTION commending University System of Georgia Outstanding Scholar Melanie Alyse Morris of Valdosta State University on Academic Recognition Day for 2015; and for other purposes. SR 315. By Senators Millar of the 40th, Sims of the 12th and Kennedy of the 18th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan Colley of Darton State College on Academic Recognition Day for 2015; and for other purposes. SR 316. By Senators Millar of the 40th, Davenport of the 44th and Harbin of the 16th: A RESOLUTION commending University System of Georgia Outstanding Scholar Rachel S. Mannor of Clayton State University on Academic Recognition Day for 2015; and for other purposes. SR 317. By Senators Millar of the 40th, Dugan of the 30th and Rhett of the 33rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Philip N. Cheek of Southern Polytechnic State University on Academic Recognition Day for 2015; and for other purposes. 650 JOURNAL OF THE SENATE SR 318. By Senators Millar of the 40th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Danielle Donaldson Renew of East Georgia State College on Academic Recognition Day for 2015; and for other purposes. SR 319. By Senators Millar of the 40th and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Zackary H. Cook of Georgia Institute of Technology on Academic Recognition Day for 2015; and for other purposes. SR 320. By Senators Millar of the 40th, Stone of the 23rd, Cowsert of the 46th and Jones II of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Ashlyn D. Burch of Georgia College & State University on Academic Recognition Day for 2015; and for other purposes SR 321. By Senators Millar of the 40th and McKoon of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tuan Anh Nguyen of University of Georgia on Academic Recognition Day for 2015; and for other purposes. SR 322. By Senators Millar of the 40th and McKoon of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Angelin Sara Shajan of Columbus State University on Academic Recognition Day for 2015; and for other purposes. SR 323. By Senators Millar of the 40th and Kirk of the 13th: A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah Allison Rooks of Abraham Baldwin Agricultural College on Academic Recognition Day for 2015; and for other purposes. SR 324. By Senators Millar of the 40th and Bethel of the 54th: A RESOLUTION commending University System of Georgia Outstanding Scholar Hilary N. Stanley of Dalton State College on Academic Recognition Day for 2015; and for other purposes MONDAY, FEBRUARY 23, 2015 651 SR 325. By Senators Millar of the 40th, Unterman of the 45th and Thompson of the 5th: A RESOLUTION commending University System of Georgia Outstanding Scholar Gabrielle Costello of Georgia Gwinnett College on Academic Recognition Day for 2015; and for other purposes SR 326. By Senators Millar of the 40th, Kennedy of the 18th and Harbin of the 16th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amber Byous of Gordon State College on Academic Recognition Day for 2015; and for other purposes. SR 327. By Senators Millar of the 40th and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kelly R. Dekle of Georgia Southwestern State University on Academic Recognition Day for 2015; and for other purposes. SR 328. By Senators Millar of the 40th and Hufstetler of the 52nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Hali Bohannon Burns of Georgia Highlands College on Academic Recognition Day for 2015; and for other purposes SR 332. By Senators Henson of the 41st, Miller of the 49th, Jones of the 25th, Jones of the 10th, Thompson of the 5th and others: A RESOLUTION recognizing and commending Charles Lynn Whittemoore on the grand occasion of his retirement; and for other purposes. SR 333. By Senators Harper of the 7th, Albers of the 56th, Shafer of the 48th, Gooch of the 51st, Mullis of the 53rd and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing February 26, 2015, as Emergency Medical Services Day at the capitol; and for other purposes. SR 334. By Senator Harper of the 7th: A RESOLUTION commending Georgia Partnership for TeleHealth and recognizing February 24, 2015, as TeleHealth Day at the state capitol; and for other purposes. 652 JOURNAL OF THE SENATE SR 338. By Senators Butler of the 55th and Rhett of the 33rd: A RESOLUTION recognizing March 4, 2015, as Children's Day at the state capitol; and for other purposes. SR 339. By Senators Wilkinson of the 50th, Miller of the 49th, Ginn of the 47th and Mullis of the 53rd: A RESOLUTION recognizing September as Dystonia Awareness Month in Georgia; and for other purposes. SR 340. By Senators Wilkinson of the 50th, Tippins of the 37th, Miller of the 49th and Sims of the 12th: A RESOLUTION honoring the staff and students of Cornelia Elementary School for being named a 2014 Georgia Department of Education Reward School in the category of Highest Progress; and for other purposes. SR 341. By Senators Wilkinson of the 50th, Tippins of the 37th, Miller of the 49th, Sims of the 12th and Mullis of the 53rd: A RESOLUTION honoring the staff and students of Level Grove Elementary School for being named a 2014 Georgia Department of Education Reward School in the category of Highest Progress; and for other purposes. SR 342. By Senators Wilkinson of the 50th, Tippins of the 37th, Miller of the 49th, Sims of the 12th and Ginn of the 47th: A RESOLUTION commending the Georgia Association of Family and Consumer Sciences for providing leadership and support for individuals, families, and communities throughout Georgia; and for other purposes. SR 343. By Senators Seay of the 34th and Davenport of the 44th: A RESOLUTION commending Dr. Shawn B. Thomas for her dedicated work in her community; and for other purposes. SR 344. By Senator Jones of the 25th: A RESOLUTION commending the Rock Springs Health Clinic in Milner, Georgia, and its Medical Director, W. Stephen Taunton, M.D.; Administrative Director, Bobbi Riley; and Pharmaceutical Director, Linda Taunton; and for other purposes. MONDAY, FEBRUARY 23, 2015 653 SR 345. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Hunter Lyons; and for other purposes. SR 346. By Senator Unterman of the 45th: A RESOLUTION recognizing March 2, 2015, as Skin Cancer Awareness Day at the state capitol; and for other purposes. SENATE RULES CALENDAR MONDAY, FEBRUARY 23, 2015 TWENTIETH LEGISLATIVE DAY SB 11 Payne City; abolish; provide for disposition of the assets, property, and legal rights (SLGO(G)-26th) SB 89 "Digital Classroom Act"; require instructional materials and content to be in digital or electronic format after a certain date (S&T-56th) SB 95 Real Estate Brokers and Salespersons; provide for acceptance of funds in a separate, federally insured account at financial institution by such persons (Substitute)(B&FI-27th) 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 11. By Senator Lucas of the 26th: 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), as amended, 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 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: 654 JOURNAL OF THE SENATE Y Albers Y Beach N Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 2. SB 11, having received the requisite constitutional majority, was passed. SB 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Albers of the 56th asked unanimous consent that SB 89 be committed to the Senate Committee on Science and Technology from the General Calendar. The consent was granted, and SB 89 was committed to the Senate Committee on Science and Technology. Senator Thompson of the 5th was excused for business outside the Senate Chamber. MONDAY, FEBRUARY 23, 2015 655 SB 95. By Senators Williams of the 27th, Martin of the 9th, Gooch of the 51st, Albers of the 56th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Banking and Financial Institutions offered the following substitute to SB 95: A BILL TO BE ENTITLED AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-20, relating to trust or escrow checking account for real estate business, by revising subsection (a) as follows: "(a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage transaction or whose affiliated licensees accept such trust funds shall maintain a separate, federally insured bank checking account at a financial institution in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment. A broker who does not accept trust funds in real estate brokerage transactions is not required to maintain a designated trust or escrow account; provided, however, that if a broker does not maintain such a trust or escrow account and later receives trust funds in a real estate brokerage transaction, such broker must open the designated trust or escrow account required by this subsection within one business day of the receipt of such trust funds." 656 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended in Code Section 43-40-25, relating to unfair trade practices, by revising paragraphs (5) and (29) of subsection (b) as follows: "(5) Failing to maintain and deposit in a separate, federally insured checking account at a financial institution all money received by said such broker acting in said such capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said such funds have agreed otherwise in writing;" "(29) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account;" 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon E Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T MONDAY, FEBRUARY 23, 2015 657 On the passage of the bill, the yeas were 51, nays 0. SB 95, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: February 23, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 95. Had I been present, I would have voted "yes". /s/ Butch Miller District 49 February 23, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 95. Had I been present, I would have voted "yes". /s/ Curt Thompson District 5 Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 24, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:46 a.m. 658 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 24, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd: 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 gray fox as the official state mammal; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 121. By Representatives Hamilton of the 24th, Powell of the 32nd, Brockway of the 102nd, Fleming of the 121st and Taylor of the 173rd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to require notice of write-in candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and TUESDAY, FEBRUARY 24, 2015 659 deprivation records, so as to provide that certain school personnel who are required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; 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 154. By Senators Stone of the 23rd, Watson of the 1st, Harper of the 7th and Jones II of the 22nd: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 and Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses and grounds for issuance of search warrant and scope of search pursuant to a search warrant, respectively, so as to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 155. By Senators Harbison of the 15th, McKoon of the 29th, Dugan of the 30th, Jeffares of the 17th and Rhett of the 33rd: 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 Committee on Higher Education. SB 156. By Senators Tippins of the 37th, Wilkinson of the 50th, Millar of the 40th, Shafer of the 48th, Stone of the 23rd and others: A BILL to be entitled an Act to amend Article 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state charter schools, so as to authorize the State Charter Schools Commission to establish a nonprofit 660 JOURNAL OF THE SENATE foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 157. By Senators Ligon, Jr. of the 3rd, Hill of the 32nd, Williams of the 19th, McKoon of the 29th, Crane of the 28th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relating to education, so as to establish limitations and requirements regarding student data; to provide for definitions; to provide for limitations on the collection of student information; to provide for limitations on the disclosure of personally identifiable information to third parties; to provide for penalties and enforcement; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 158. By Senators Burke of the 11th, Kirk of the 13th, Watson of the 1st, Hill of the 6th and McKoon of the 29th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain consumer and provider protections regarding health insurance; to provide for definitions; to provide for short titles; to provide for health insurer transparency; to provide for health care providers' right to choose; to provide for health care provider stability; to provide for consumer right to access; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 159. By Senators Stone of the 23rd, Mullis of the 53rd, Cowsert of the 46th, Harper of the 7th and Hill of the 6th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide for the use of no-knock search warrants; to provide for definitions; to change provisions relating to the issuance of search warrants; to provide for written policies relating to no-knock search warrants; to change provisions relating to the use of force in executing a search warrant; to change provisions relating to quashing a search warrant or suppressing evidence due to technical TUESDAY, FEBRUARY 24, 2015 661 deficiencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 33-23; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 161. By Senators Jones of the 10th, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise a provision regarding automatic expulsion for possession of firearms and dangerous weapons at school; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 162. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions regarding student discipline reporting for students less than ten years old; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 163. By Senators Jones of the 10th, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: 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 student 662 JOURNAL OF THE SENATE discipline in elementary and secondary education, so as to provide for disciplinary panels and tribunals; to repeal provisions relative to disciplinary hearing officers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 164. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 165. By Senators Jones of the 10th, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: 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 student discipline in elementary and secondary education, so as to change the requirement for a local board of education to conduct a disciplinary hearing from proposed suspensions longer than ten school days to longer than five school days; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 166. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: 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 increase the maximum fine for parents who violate compulsory attendance laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. TUESDAY, FEBRUARY 24, 2015 663 SB 167. By Senator Jones of the 10th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to disciplinary hearing officers and disciplinary tribunals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SR 350. By Senators Hill of the 32nd, McKoon of the 29th, Heath of the 31st, Thompson of the 14th, Shafer of the 48th 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 Committee on Finance. SR 355. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of E-4 Roger Dorsey, United States Navy, and dedicating an intersection in his memory; and for other purposes. Referred to the Committee on Transportation. The following House legislation was read the first time and referred to committee: HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd: 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 gray fox as the official state mammal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. HB 121. By Representatives Hamilton of the 24th, Powell of the 32nd, Brockway of the 102nd, Fleming of the 121st and Taylor of the 173rd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to require notice of write-in 664 JOURNAL OF THE SENATE candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. The following committee reports were read by the Secretary: Mr. President: The Committee on Agriculture and Consumer Affairs 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 Wilkinson of the 50th District, Chairman Mr. President: The Committee on Government Oversight has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 155 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman TUESDAY, FEBRUARY 24, 2015 665 Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 108 Do Pass Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Judiciary Non-Civil 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 Do Pass by substitute Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 282 Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 64 Do Pass Respectfully submitted, Senator Jones of the 10th District, Vice-Chairman 666 JOURNAL OF THE SENATE Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 294 HB 301 HB 302 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 125 Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: SB 113 Senator Kirk of the 13th asked unanimous consent that Senator Thompson of the 14th be excused. The consent was granted, and Senator Thompson was excused. Senator McKoon of the 29th asked unanimous consent that Senator Dugan of the 30th be excused. The consent was granted, and Senator Dugan was excused. Senator Stone of the 23rd asked unanimous consent that Senator Martin of the 9th be excused. The consent was granted, and Senator Martin was excused. Senator Bethel of the 54th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: TUESDAY, FEBRUARY 24, 2015 667 Albers Beach Bethel Burke Butler Cowsert Crane Davenport Fort Ginn Gooch Harbin Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas McKoon Millar Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Black Martin (Excused) Thompson, B. (Excused) Dugan (Excused) Miller Thompson, C. (Excused) Harbison Ramsey The President recognized U.S. Representative Rick Allen who addressed the Senate briefly. 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 Anthony Damelio of Atlanta, Georgia, who offered scripture reading and prayer. Senator Millar of the 40th introduced the doctor of the day, Dr. Steven M. Kane. Senator Harper of the 7th introduced Georgia Partnership for Telehealth CEO Paula Guy, RN, who addressed the Senate and introduced the Telemedicine doctors of the day, Drs. Jean Sumner, Kristin Gore and Benjamin Hess. Senator Beach of the 21st recognized February 24, 2015, as Health Information Technology Day at the state capitol, commended by SR 284, adopted previously. Institute for Healthcare Information Technology Chair Pat Williams addressed the Senate briefly. 668 JOURNAL OF THE SENATE Senator Hill of the 6th recognized the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Youth of the Year, commended by SR 186, adopted previously. MiKala Taylor addressed the Senate briefly. Senator Hill of the 6th recognized the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Military Youth of the Year, commended by SR 185, adopted previously. Andrew Brown addressed the Senate briefly. Senator Butler of the 55th recognized the National Council of Negro Women, Inc., and Chairwoman Ingrid Saunders Jones, commended by SR 289, adopted previously. Chairwoman Ingrid Saunders Jones addressed the Senate briefly. Senator Albers of the 56th recognized the Atlanta Junior Rowing Association, commended by SR 25, adopted previously. Head Coach Skye Elliott addressed the Senate briefly. Senator Wilkinson of the 50th recognized the Future Farmers of America and declared February 24, 2015, as Future Farmers of America Day at the state capitol, commended by SR 136, adopted previously. State Vice President Kandice Hooper addressed the Senate briefly. Senator Harbison of the 15th recognized February 24, 2015, as Columbus State University and Columbus Day at the state capitol, commended by SR 250, adopted previously. Mayor Teresa Tomlinson addressed the Senate briefly. President and CEO of the Columbus Chamber of Commerce Michael Dalby addressed the Senate briefly. Senator Jones of the 10th moved that the following bill be withdrawn from the consideration of the Senate. SB 163. By Senators Jones of the 10th, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: 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 student discipline in elementary and secondary education, so as to provide for disciplinary panels and tribunals; to repeal provisions relative to disciplinary hearing officers; to provide for related matters; to repeal conflicting laws; and for other purposes. On the motion, there was no objection; the motion prevailed, and SB 163 was withdrawn from consideration of the Senate. TUESDAY, FEBRUARY 24, 2015 669 The following resolutions were read and adopted: SR 347. By Senator Burke of the 11th: A RESOLUTION commending the Bainbridge High School Band on their upcoming appearance in the San Antonio Fiesta Flambeau Parade; and for other purposes. SR 348. By Senators Burke of the 11th, Unterman of the 45th, Watson of the 1st, Kirk of the 13th and Harper of the 7th: A RESOLUTION recognizing February 24, 2015, as "Community Health Centers Day"; and for other purposes. SR 349. By Senators Hill of the 4th, Shafer of the 48th, Cowsert of the 46th, Martin of the 9th, Crane of the 28th and others: A RESOLUTION commending Georgia Tech Football Head Coach Paul Johnson on being named 2014 Atlantic Coast Conference Coach of the Year; and for other purposes. SR 351. By Senators Ramsey, Sr. of the 43rd, Rhett of the 33rd, James of the 35th and Jones II of the 22nd: A RESOLUTION commending Still Waters Youth Sinfo-Nia of Metropolitan Atlanta, congratulating them on the grand occasion of their 25th anniversary, and recognizing June 25, 2015, as Still Waters Youth Sinfo-Nia Orchestra Day at the state capitol; and for other purposes. SR 352. By Senators Hill of the 32nd, Hill of the 6th and Dugan of the 30th: A RESOLUTION commending Captain William C. Wilkerson for his outstanding service with Lassiter-Pope-Kell Naval Junior Reserve Officer Training Corps; and for other purposes SR 353. By Senators Hill of the 32nd, Hill of the 6th and Dugan of the 30th: A RESOLUTION commending First Sergeant Lorenzo Cox; and for other purposes. SR 354. By Senators Parent of the 42nd, Orrock of the 36th, Davenport of the 44th, Henson of the 41st and Jones of the 10th: A RESOLUTION commending the City Schools of Decatur School Board and recognizing the week of March 16-20, 2015, as School Board Appreciation Week in Georgia; and for other purposes. 670 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Beach of the 21st The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 24, 2015 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 294 Jones of the 10th Jeffares of the 17th CITY OF STOCKBRIDGE A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge 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 301 Millar of the 40th Butler of the 55th Henson of the 41st Jones of the 10th Parent of the 42nd Davenport of the 44th RECORDER'S COURT OF DEKALB COUNTY A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 302 Millar of the 40th Butler of the 55th Henson of the 41st TUESDAY, FEBRUARY 24, 2015 671 Jones of the 10th Parent of the 42nd Davenport of the 44th DEKALB COUNTY A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE The substitute to the following bill was put upon its adoption: *HB 302: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 302: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), is amended by revising Section 3 as follows: 672 JOURNAL OF THE SENATE "SECTION 3. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1: (1) State Court Judge except the presiding associate judge and associate judges of the Traffic Division .......................................................................................................... 90% (2) State Court Solicitor ............................................................................................. 90% (3) State Court Traffic Division presiding associate judge and associate judges ..... 80% (4) Chief Magistrate ................................................................................................... 85% (5) Associate Magistrate ......................................................................................... 67.5% (6)District Attorney ............................................................................................... 93.5%" SECTION 2. Said Act is further amended by adding a new section to read as follows: "Section 3.1. The annual salary of the Clerk of the State Court of DeKalb County shall be 90 percent of the annual salary received by the Clerk of the Superior Court of DeKalb County." 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 43, nays 5, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: E Albers E Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone TUESDAY, FEBRUARY 24, 2015 673 Y Davenport E Dugan Y Fort Ginn Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Miller Y Mullis Y Tate E Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 43, nays 5. The bills on the Local Consent Calendar, except HB 302, having received the requisite constitutional majority, were passed. HB 302, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR TUESDAY, FEBRUARY 24, 2015 TWENTY-FIRST LEGISLATIVE DAY SB 34 Torts; provide immunity from liability; persons entering a parked motor vehicle; purpose of removing a child from motor vehicle; definitions (Substitute)(JUDY-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: SB 34. By Senators Kirk of the 13th, Mullis of the 53rd, Ligon, Jr. of the 3rd, Unterman of the 45th, Rhett of the 33rd 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 relative to torts, so as to provide immunity from liability under certain circumstances for persons entering a parked motor vehicle for the purpose of removing a child from such motor vehicle; to provide for definitions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. 674 JOURNAL OF THE SENATE The Senate Committee on Judiciary offered the following substitute to SB 34: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to revise the Good Samaritan law to provide for damaging property in emergency situations; to amend Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, so as to cross-reference the Good Samaritan law; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by revising Code Section 51-1-29, relating to liability of persons rendering emergency care, as follows: "51-1-29. (a) Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person. (b) As used in this Code section, the term 'emergency care' shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle." SECTION 2. Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, is amended by revising paragraph (5) as follows: "(5) When the person's conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. TUESDAY, FEBRUARY 24, 2015 675 On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers E Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 2. SB 34, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: February 24, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 34 and the Local Consent Calendar. Had I been present, I would have voted "yes". /s/ Butch Miller District 49 Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 25, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:01 p.m. 676 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 25, 2015 Twenty-second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. HB 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th and others: A BILL to be entitled an Act to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, so as to authorize counties and municipalities to provide by local law for district durational residency requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 25, 2015 677 HB 199. HB 206. HB 217. HB 246. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st: 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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of 678 JOURNAL OF THE SENATE Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 256. By Representatives Maxwell of the 17th, Greene of the 151st, Coleman of the 97th, Brooks of the 55th and Buckner of the 137th: 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 provide new definitions; to change a term for membership of the board; to provide for a break in employment for certain members; to clarify provisions related to leaves of absence, withdrawal of dues, and application for reinstatement as an active member; to clarify provisions for failure to pay dues and the reinstatement process; to permit selection of up to five beneficiaries to receive equal portions of certain benefits upon the death of certain members; to provide for certain penalties for false statements or falsified records; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 266. By Representative Battles of the 15th: A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 480. By Representatives Dawkins-Haigler of the 91st, Quick of the 117th, Anderson of the 92nd, Chandler of the 105th, Oliver of the 82nd and others: A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 168. By Senators Jones of the 25th and Harper of the 7th: 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 WEDNESDAY, FEBRUARY 25, 2015 679 designate the Old Governor's Mansion as the official state historic house; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 170. By Senator Beach of the 21st: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SR 356. 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 Committee on Appropriations. 680 JOURNAL OF THE SENATE SR 360. By Senators Beach of the 21st, Hill of the 6th, Dugan of the 30th, Jones II of the 22nd and Tolleson of the 20th: A RESOLUTION creating the Senate Data Security and Privacy Study Committee; and for other purposes. Referred to the Committee on Science and Technology. The following House legislation was read the first time and referred to committee: HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th and others: A BILL to be entitled an Act to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, so as to authorize counties and municipalities to provide by local law for district durational residency requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 199. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee WEDNESDAY, FEBRUARY 25, 2015 681 for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. HB 206. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st: 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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 217. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. 682 JOURNAL OF THE SENATE HB 256. By Representatives Maxwell of the 17th, Greene of the 151st, Coleman of the 97th, Brooks of the 55th and Buckner of the 137th: 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 provide new definitions; to change a term for membership of the board; to provide for a break in employment for certain members; to clarify provisions related to leaves of absence, withdrawal of dues, and application for reinstatement as an active member; to clarify provisions for failure to pay dues and the reinstatement process; to permit selection of up to five beneficiaries to receive equal portions of certain benefits upon the death of certain members; to provide for certain penalties for false statements or falsified records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 266. By Representative Battles of the 15th: A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. The following committee reports were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 104 Do Pass Respectfully submitted, Senator Jones of the 25th District, Chairman Mr. President: The Committee on Economic Development and Tourism has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, FEBRUARY 25, 2015 683 SB 85 Do Pass Respectfully submitted, Senator Ginn of the 47th District, Chairman Mr. President: The Committee on Natural Resources and the Environment 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 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 89 Do Pass by substitute Respectfully submitted, Senator Beach of the 21st District, Chairman Mr. President: The Committee on Veterans, Military and Homeland Security 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 Do Pass Respectfully submitted, Senator Hill of the 6th District, Chairman The following legislation was read the second time: SB 64 SR 282 SB 94 SB 108 SB 125 SB 139 SR 155 684 JOURNAL OF THE SENATE Senator Harper of the 7th asked unanimous consent that Senator Hill of the 6th be excused. The consent was granted, and Senator Hill was excused. Senator Cowsert of the 46th asked unanimous consent that Senator Jones of the 25th be excused. The consent was granted, and Senator Jones was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Jeffares of the 17th be excused. The consent was granted, and Senator Jeffares was excused. Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Martin of the 9th asked unanimous consent that Senator Black of the 8th be excused. The consent was granted, and Senator Black was excused. Senator Bethel of the 54th asked unanimous consent that Senator Hufstetler of the 52nd be excused. The consent was granted, and Senator Hufstetler was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, Jack Hill, Judson Jackson, B Jackson, L James Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Miller Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Black (Excused) Jeffares (Excused) Thompson, C. (Excused) Hill, H. (Excused) Jones, B. (Excused) Hufstetler (Excused) Lucas WEDNESDAY, FEBRUARY 25, 2015 685 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. The President introduced the chaplain of the day, Dr. Benny Tate of Milner, Georgia, who offered scripture reading and prayer. Senator Jackson of the 24th introduced the doctor of the day, Dr. J. Wendell Duncan. Senator Wilkinson of the 50th recognized the Georgia Young Farmers Association and declared February 25, 2015, as Young Farmers Day at the state capitol, commended by SR 164, adopted previously. President Elect Derick Wooten addressed the Senate briefly. Senator Mullis of the 53rd recognized the United States Youth Fly Fishing Team, commended by SR 162, adopted previously. Team Member Hunter Hoffler addressed the Senate briefly. Senator Albers of the 56th recognized Turkish-American Day at the state capitol. Dr. Elvan Aktas and Ertugrul Gunay, Former Ministry of Tourism of Turkey, addressed the Senate briefly. The following resolutions were read and adopted: SR 357. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION commending Judge Nancy N. Bills; and for other purposes. SR 358. By Senators Jones of the 25th, Harper of the 7th, Wilkinson of the 50th, Cowsert of the 46th and Bethel of the 54th: A RESOLUTION honoring the life and memory of Mr. Robert Forest "Bobby" Towns; and for other purposes. SR 359. By Senators Miller of the 49th, Ginn of the 47th, Gooch of the 51st and Wilkinson of the 50th: A RESOLUTION honoring the life and memory of Joe Sartain, Jr.; and for other purposes. 686 JOURNAL OF THE SENATE SR 361. By Senators Parent of the 42nd, Shafer of the 48th, Henson of the 41st, Miller of the 49th, Unterman of the 45th and others: A RESOLUTION recognizing the month of April, 2015, as Genocide Prevention and Awareness Month at the capitol; and for other purposes. SR 362. By Senators Orrock of the 36th, Butler of the 55th, Henson of the 41st, Tate of the 38th, Fort of the 39th and others: A RESOLUTION honoring the life and memory of Alice M. Johnson; and for other purposes. SR 363. By Senators Martin of the 9th, Dugan of the 30th, Ginn of the 47th, Thompson of the 5th, Millar of the 40th and others: A RESOLUTION recognizing March 11, 2015, as World Plumbing Day; and for other purposes. SR 364. By Senators Martin of the 9th, Unterman of the 45th, Butler of the 55th, Shafer of the 48th, Thompson of the 5th and others: A RESOLUTION commending Andrew Toney for being an outstanding citizen through his contributions to the community; and for other purposes. SR 365. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Orrock of the 36th and Parent of the 42nd: A RESOLUTION commending Hamilton Frederick Bohannon for 50 years in the music industry; and for other purposes. SR 366. By Senator Lucas of the 26th: A RESOLUTION Honoring the life and memory of Pastor Curtis Raines, Sr.; and for other purposes. SR 367. By Senators Lucas of the 26th, Kennedy of the 18th and Jones of the 25th: A RESOLUTION welcoming citizens and public officials from Macon and Bibb County and observing February 26, 2015, as Macon Day at the state capitol; and for other purposes. SR 368. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Nicklas A. Chaput; and for other purposes. WEDNESDAY, FEBRUARY 25, 2015 687 The following communication was received by the Secretary: 2/25/15 Please remove my name for SB 37 as this is already in the law. Sincerely, /s/ John Albers, 56th Senator Cowsert of the 46th moved that the Senate adjourn until 11:00 a.m. Thursday, February 26, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:22 a.m. 688 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 26, 2015 Twenty-third Legislative Day The Senate met pursuant to adjournment at 11:00 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1. By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 59. By Representatives Willard of the 51st, Efstration of the 104th, Powell of the 171st, Atwood of the 179th, Pak of the 108th and others: A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, so as to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2015 689 HB 85. HB 211. HB 261. HB 307. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd 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 change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Harrell of the 106th, Powell of the 32nd, Douglas of the 78th and Waites of the 60th: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the sale of alcoholic beverages during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; 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 providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. 690 JOURNAL OF THE SENATE HB 388. HB 398. HB 400. HB 403. HB 404. By Representative Harden of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Holmes of the 129th: A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Hawkins of the 27th: A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Jackson of the 128th: A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Jackson of the 128th: A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 26, 2015 691 HB 410. By Representatives Evans of the 42nd, Carson of the 46th, Reeves of the 34th, Wilkerson of the 38th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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. HB 413. By Representatives Turner of the 21st, Caldwell of the 20th, Cantrell of the 22nd, Carson of the 46th and Ballinger of the 23rd: 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. HB 425. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 431. By Representatives Shaw of the 176th, Carter of the 175th, Corbett of the 174th and Sharper of the 177th: A BILL to be entitled an Act to authorize the governing authority of Lowndes 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. The House has adopted by the requisite constitutional majority the following Resolution of the House: 692 JOURNAL OF THE SENATE HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others: A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 53. By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; and for other purposes. SB 75. By Senator Jones of the 25th: A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; to repeal conflicting laws; and for other purposes SB 84. By Senators Watson of the 1st and Jackson of the 2nd: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; 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 171. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th: 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 THURSDAY, FEBRUARY 26, 2015 693 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, 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 Committee on State and Local Governmental Operations. SB 172. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th: 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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 173. By Senators Stone of the 23rd, Cowsert of the 46th, Hill of the 4th, Millar of the 40th, Unterman of the 45th and others: A BILL to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions for animal protection, so as to create provisions relating to the payment of expenses while an animal is impounded; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. SB 174. By Senators Ginn of the 47th, Gooch of the 51st, Martin of the 9th, Williams of the 19th and Williams of the 27th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the operation of company stores by distillers and brewers at which the public can purchase 694 JOURNAL OF THE SENATE limited quantities of the beverages produced by such distillers and brewers under limited conditions; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. SB 176. By Senators James of the 35th, Orrock of the 36th and Parent of the 42nd: 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 regarding elementary and secondary education, so as to require that youth athletes participating in gridiron football shall be equipped with and wear a helmet which has at least a four star rating on the Virginia Tech Helmet Ratings scale at the time of its use; to provide for an exception; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 177. By Senators James of the 35th and Rhett of the 33rd: 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; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for the release and nonrelease of certain audio and video recordings from devices attached to the persons of peace officers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. THURSDAY, FEBRUARY 26, 2015 695 SB 178. By Senators James of the 35th, Rhett of the 33rd and Henson of the 41st: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for in-state tuition at units of the University System of Georgia and branches of the Technical College System of Georgia for youth who are from foster care or homeless situations; to provide a short title; to exclude foster care assistance from consideration as income for purposes of calculating financial aid; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 179. By Senators McKoon of the 29th and Henson of the 41st: 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 or other tax exempt organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 180. By Senators McKoon of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to exempt the African pygmy hedgehog from wild animal license and permit requirements if certain conditions are met; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. SB 181. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to provide that certain nursery schools, playschools, kindergarten programs, and other educational programs are exempt from licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. 696 JOURNAL OF THE SENATE SR 381. By Senator James of the 35th: A RESOLUTION creating the Police Body Camera Study Committee; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 382. By Senator James of the 35th: A RESOLUTION creating the Joint Police Body Camera Study Committee; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 383. By Senator James of the 35th: A RESOLUTION commending Rashad Richey; and for other purposes. Referred to the Committee on Rules. The following House legislation was read the first time and referred to committee: HB 1. By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 59. By Representatives Willard of the 51st, Efstration of the 104th, Powell of the 171st, Atwood of the 179th, Pak of the 108th and others: A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, so as to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief; to provide THURSDAY, FEBRUARY 26, 2015 697 for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 211. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd 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 change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 261. By Representatives Harrell of the 106th, Powell of the 32nd, Douglas of the 78th and Waites of the 60th: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the sale of alcoholic beverages during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. 698 JOURNAL OF THE SENATE HB 307. By Representative Jackson of the 128th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 388. By Representative Harden of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 398. By Representative Holmes of the 129th: A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 400. By Representative Hawkins of the 27th: A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. THURSDAY, FEBRUARY 26, 2015 699 HB 403. By Representative Jackson of the 128th: A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 404. By Representative Jackson of the 128th: A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 410. By Representatives Evans of the 42nd, Carson of the 46th, Reeves of the 34th, Wilkerson of the 38th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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 Committee on State and Local Governmental Operations. HB 413. By Representatives Turner of the 21st, Caldwell of the 20th, Cantrell of the 22nd, Carson of the 46th and Ballinger of the 23rd: 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 Committee on State and Local Governmental Operations. 700 JOURNAL OF THE SENATE HB 425. By Representative Cheokas of the 138th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 431. By Representatives Shaw of the 176th, Carter of the 175th, Corbett of the 174th and Sharper of the 177th: A BILL to be entitled an Act to authorize the governing authority of Lowndes 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 Committee on State and Local Governmental Operations. HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others: A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; and for other purposes. Referred to the Committee on Higher Education. The following committee reports were read by the Secretary: Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 111 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman THURSDAY, FEBRUARY 26, 2015 701 Mr. President: The Committee on Public Safety 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 SB 134 Do Pass by substitute Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman The following legislation was read the second time: SB 69 SB 85 SB 101 SB 104 Senator Butler of the 55th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. Senator Albers of the 56th asked unanimous consent that Senator Jackson of the 24th be excused. The consent was granted, and Senator Jackson was excused. Senator Albers of the 56th asked unanimous consent that Senator Gooch of the 51st be excused. The consent was granted, and Senator Gooch was excused. Senator Ramsey, Sr. of the 43rd asked unanimous consent that Senator James of the 35th be excused. The consent was granted, and Senator James was excused. Senator Kirk of the 13th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Henson Hill, H Hill, Jack Hufstetler Jeffares Jones, B Jones, E Jones, H Parent Ramsey Rhett Seay Shafer Sims Stone Tate 702 JOURNAL OF THE SENATE Davenport Dugan Fort Ginn Harbin Harbison Harper Heath Kennedy Kirk Ligon Lucas Martin McKoon Millar Mullis Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Gooch (Excused) Jackson, L. (Excused) Orrock (Excused) Hill, Judson (Excused) James (Excused) Thompson, C. Jackson, B. (Excused) Miller The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Jeffares of the 17th introduced the chaplain of the day, Reverend Dr. Donna S. Mote of Decatur, Georgia, who offered scripture reading and prayer. Senator Tolleson of the 20th recognized and congratulated the Coffee-Atkinson Forestry Unit upon being named the Georgia Forestry Commission 2014 Southern Unit of the Year, commended by SR 181, adopted previously. Chief Ranger Jamey Smith addressed the Senate briefly. Senator James of the 35th recognized Hamilton Frederick Bohannon for 50 years in the music industry, commended by SR 365, adopted previously. Hamilton Frederick Bohannon addressed the Senate briefly. Senator Shafer of the 48th introduced the doctor of the day, Dr. Shervin V. Oskouei. The following resolutions were read and adopted: SR 369. By Senators James of the 35th, Tate of the 38th, Seay of the 34th, Butler of the 55th, Jackson of the 2nd and others: A RESOLUTION recognizing and commending Senator Leroy Reginald Johnson as part of "Living Black History"; and for other purposes. SR 370. By Senators Shafer of the 48th, Martin of the 9th and Unterman of the 45th: A RESOLUTION commending New South Construction Company, Inc., on the occasion of its 25th anniversary; and for other purposes. THURSDAY, FEBRUARY 26, 2015 703 SR 371. By Senators Fort of the 39th and Orrock of the 36th: A RESOLUTION honoring the life and memory of Charles E. Phillips, Sr.; and for other purposes. SR 372. By Senators Tippins of the 37th, Shafer of the 48th and Thompson of the 14th: A RESOLUTION commending Dr. M.H. Mason, Jr., Elementary School for being a 2015 Georgia Green Ribbon School and for its great work in environmental education and sustainability; and for other purposes. SR 373. By Senators Tippins of the 37th, Albers of the 56th, Thompson of the 14th and Shafer of the 48th: A RESOLUTION commending the Cobb County School District for being named a 2015 Georgia Green Ribbon School District and for its great work in environmental education and sustainability; and for other purposes. SR 374. By Senators Tippins of the 37th, Thompson of the 14th and Shafer of the 48th: A RESOLUTION commending the Cherokee County School District for being a 2015 Georgia Green Ribbon School District and for its great work in environmental education and sustainability; and for other purposes. SR 375. By Senators Tippins of the 37th, Martin of the 9th and Thompson of the 14th: A RESOLUTION commending Arcado Elementary School for being a 2014 National and Georgia Green Ribbon School; and for other purposes. SR 376. By Senators Tippins of the 37th, Albers of the 56th, Thompson of the 14th and Shafer of the 48th: A RESOLUTION commending Big Shanty Intermediate School for being a 2015 Georgia Green Ribbon School and for its great work in environmental education and sustainability; and for other purposes. SR 377. By Senators Tippins of the 37th, Albers of the 56th, Thompson of the 14th and Shafer of the 48th: A RESOLUTION commending High Meadows School for being a 2014 National and Georgia Green Ribbon School and for its great work in environmental education and sustainability; and for other purposes. 704 JOURNAL OF THE SENATE SR 378. By Senators Orrock of the 36th, Miller of the 49th, Unterman of the 45th, Millar of the 40th, Lucas of the 26th and others: A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes. SR 379. By Senators Orrock of the 36th, Tate of the 38th, Henson of the 41st, Butler of the 55th, Fort of the 39th and others: A RESOLUTION honoring the life and memory of Reverend Dr. Joseph L. Roberts; and for other purposes. SR 380. By Senator Fort of the 39th: A RESOLUTION commending the Juniper and Tenth Street High Rise Residents Association and recognizing February 28, 2015, as Juniper and Tenth Street High Rise Residents Association Day at the state capitol; and for other purposes. SR 384. By Senators Millar of the 40th, Albers of the 56th, Unterman of the 45th, Jackson of the 2nd, Ginn of the 47th and others: A RESOLUTION recognizing March 11, 2015, 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. SR 385. By Senators Heath of the 31st, Gooch of the 51st and Mullis of the 53rd: A RESOLUTION recognizing February 26, 2015, as the 3rd Annual Legislative Fly-In at the state capitol; and for other purposes. HR 480. By Representatives Dawkins-Haigler of the 91st, Quick of the 117th, Anderson of the 92nd, Chandler of the 105th, Stephenson of the 90th and others: A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes. Senator Jackson of the 2nd asked unanimous consent that the following bill be withdrawn from the Senate Committee on Regulated Industries and Utilities and committed to the Senate Committee on Interstate Cooperation: SB 103. By Senators Jackson of the 2nd and Watson of the 1st: 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 THURSDAY, FEBRUARY 26, 2015 705 alcoholic beverages on Sunday, so as to allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 103 was committed to the Senate Committee on Interstate Cooperation. SENATE RULES CALENDAR THURSDAY, FEBRUARY 26, 2015 TWENTY-THIRD LEGISLATIVE DAY SB 88 Labor and Industrial Relations; provide for the payment of wages by credit to a payroll card; provisions (Substitute)(I&L-25th) SB 94 Criminal Procedure; require a procedure for enhancing witness identification accuracy (Substitute)(JUDYNC-54th) SB 139 Selling and Other Trade Practices; provide regulation; auxiliary containers shall be done by general law (Substitute)(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 88. By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Insurance and Labor offered the following substitute to SB 88: 706 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-7-2, relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employer, as follows: "34-7-2. (a) As used in this Code section, the term: (1) 'Payment card network' means any organization, group, system, or other collection of individuals or entities that is organized to allow participants to accept or make payments for goods or services using a credit card, debit card, or any other payment device. (2) 'Payroll card' means an account accessed through a prepaid debit card issued through a payment card network from which funds may be withdrawn or transferred. (b) Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of department departments who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, or (3) with the consent of the employee, by authorization of electronic credit transfer to his or her account with a bank, trust company, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States, or (4) by credit to a payroll card. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made. (c) A person, firm, or corporation that elects pursuant to subsection (b) of this Code THURSDAY, FEBRUARY 26, 2015 707 section to make wage and salary payments by using credit to a payroll card shall provide the employee with each of the following: (1) A written explanation of any fees associated with the payroll card offered to the employee. For all employees employed on the date a person, firm, or corporation elects to make such wage and salary payments by using credit to a payroll card, such written explanation shall be provided at least 30 days prior to the date such payroll card is to become available. For any employee hired after the date of such election, the written explanation shall be provided at the time of hiring; (2) The ability to opt out of receiving such payments as credit to a payroll card by submitting a request for a check in writing; and (3) The ability to opt out of receiving such payments as credit to a payroll card by providing the proper designation and authorization for an electronic credit transfer." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th, Jones of the 25th, Mullis of the 53rd and Henson of the 41st offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to SB 88 (LC 36 2709S) by deleting lines 18 and 19 and inserting in lieu thereof the following: (2) 'Payroll card account' means an account that is directly or indirectly established through an employer and to which electronic fund transfers of the consumer's wages, salary, or other employee compensation are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution, or any other person. By inserting "account" after "payroll card" on lines 29, 36, 38, 40, 41, 44, and 46. On the adoption of the amendment, there were no objections, and the Bethel, et al. amendment #1 to the committee substitute was adopted. Senators Henson of the 41st, McKoon of the 29th and Ramsey of the 43rd offered the following amendment #2: Amend the substitute to SB 88 (LC 36 2709S) by deleting line 29 and inserting in lieu thereof the following: deposits in the United States, or (4) with the consent of the employee, by credit to a payroll card. Such payments shall be 708 JOURNAL OF THE SENATE By deleting line 46 and inserting in lieu thereof the following: (3) The ability to opt into receiving such payments as credit to a payroll card by 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 20, nays 29, and the Henson, et al. amendment #2 to the committee substitute was lost. Senators Jones of the 25th, Shafer of the 48th, Bethel of the 54th, Ligon of the 3rd and Mullis of the 53rd offered the following amendment #3: Amend the Senate Committee on Insurance and Labor substitute to SB 88 (LC 36 2709S) by adding between "hiring" and the semicolon on line 43 the following: . A form shall be provided simultaneously with the written explanation of fees allowing employees to opt out of receiving such payments as credit to a payroll card as provided in paragraphs (2) and (3) of this subsection. Such form shall also be made generally available to employees On the adoption of the amendment, there were no objections, and the Jones of the 25th, et al. amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L E James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Thompson, B N Thompson, C Y Tippins THURSDAY, FEBRUARY 26, 2015 709 E Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 43, nays 8. SB 88, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 2/26/15 Due to business outside the Senate Chamber, I missed the vote on SB 88. Had I been present, I would have voted "yes". /s/ Burt Jones District 25 SB 94. By Senators Bethel of the 54th and Cowsert of the 46th: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Judiciary Non-Civil offered the following substitute to SB 94: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to prohibit suppression of evidence under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 710 JOURNAL OF THE SENATE 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 adding a new chapter to read as follows: "CHAPTER 20 17-20-1. As used in this chapter, the term: (1) 'Fillers' means individuals who are not suspects. (2) 'Law enforcement agency' means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (3) 'Live lineup' means an identification procedure in which a suspect and fillers are displayed in person to a witness. (4) 'Photo lineup' means an identification procedure in which a photograph of a suspect and photographs of fillers are displayed to a witness, either in hard copy form or via computer. (5) 'Showup' means an identification procedure in which a witness is presented with a single individual. (6) 'Suspect' means the individual believed by law enforcement to be the possible perpetrator of an alleged crime. (7) 'Witness' means an individual who observes an alleged crime. 17-20-2. (a) Not later than July 1, 2016, any law enforcement agency that conducts live lineups, photo lineups, or showups shall adopt written policies for using such procedures for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime. (b) Live lineup, photo lineup, and showup policies shall include the following: (1) With respect to a live lineup, having an individual who does not know the identity of the suspect conduct the live procedure; (2) With respect to a photo lineup, having an individual: (A) Who does not know the identity of the suspect conduct the photo lineup; or (B) Who knows the identity of the suspect use a procedure in which photographs are placed in folders, randomly shuffled, and then presented to the witness so that the individual conducting such procedure cannot physically see which photograph is being viewed by the witness until the procedure is complete; (3) Providing the witness with instruction that the perpetrator of the alleged crime THURSDAY, FEBRUARY 26, 2015 711 may or may not be present in the live lineup or photo lineup; (4) Composing a live lineup or photo lineup so that the fillers generally resemble the witness's description of the perpetrator of the alleged crime; (5) Using a minimum of four fillers in a live lineup and a minimum of five fillers in a photo lineup; and (6) Having the individual conducting a live lineup, photo lineup, or showup seek and document, at the time that an identification of an individual or photograph is made, and in the witness's own words without necessarily referencing a numeric or percentage standard, a clear statement from the witness as to the witness's confidence level that the individual or photograph identified is the individual or photograph of the individual who committed the alleged crime. (c) All law enforcement agency written policies adopted pursuant to this Code section shall be subject to public disclosure and inspection notwithstanding any provision to the contrary in Article 4 of Chapter 18 of Title 50. 17-20-3. The court may consider the failure to comply with the requirements of this chapter with respect to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence." SECTION 2. This Act shall become effective on July 1, 2016. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport 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 Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate 712 JOURNAL OF THE SENATE Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. SB 94, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 2/26/15 Due to business outside the Senate Chamber, I missed the vote on SB 94. Had I been present, I would have voted "yes". /s/ Curt Thompson District 5 Senator Albers of the 56th was excused for business outside the Senate Chamber. SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Agriculture and Consumer Affairs offered the following substitute to SB 139: THURSDAY, FEBRUARY 26, 2015 713 A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; 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. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows: "ARTICLE 35 10-1-940. (a) The General Assembly finds that: (1) Prudent regulation of auxiliary containers is crucial to the welfare of Georgia's economy; (2) Retail and food establishments are sensitive to the costs and regulation of auxiliary containers; and (3) If individual political subdivisions of the state regulate such auxiliary containers, there exists the potential for confusing and varying regulations which could lead to unnecessary increased costs for retail and food establishments to comply with such regulations. (b) As used in this Code section, the term 'auxiliary container' means reusable bags, disposable bags, boxes, cups, and bottles which are made of cloth, paper, plastic, extruded polystyrene, or similar materials which are designed for one-time use or for transporting merchandise or food from food and retail facilities. (c) Any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers at the retail, manufacturer, or distributor setting shall be done only by general law. (d) Nothing in this Code section shall be construed to prohibit or limit any county or municipal curbside recycling program or other designated recycling locations." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 714 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Miller of the 49th moved the previous question. On the motion, a roll call was taken, and the vote was as follows: E Albers Y Hill, Jack N Orrock Y Beach Y Hill, Judson N Parent N Bethel Y Hufstetler N Ramsey Y Black E Jackson, B N Rhett Y Burke N Jackson, L N Seay N Butler James Y Shafer Y Cowsert Y Jeffares N Sims Y Crane Y Jones, B Y Stone N Davenport N Jones, E N Tate Y Dugan N Jones, H Y Thompson, B N Fort Y Kennedy N Thompson, C Y Ginn Y Kirk Y Tippins E Gooch Y Ligon Y Tolleson Y Harbin N Lucas Y Unterman N Harbison Y Martin Y Watson Y Harper Y McKoon Y Wilkinson Y Heath Y Millar Y Williams, M N Henson Y Miller Y Williams, T Y Hill, H Y Mullis 3418 On the motion, the yeas were 34 nays 18 the motion prevailed, and the previous question was ordered. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of 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 Beach Y Bethel Y Black Y Burke Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N Orrock N Parent N Ramsey Y Rhett N Seay THURSDAY, FEBRUARY 26, 2015 715 N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn E Gooch Y Harbin N Harbison Y Harper Y Heath N Henson Y Hill, H James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk N Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Shafer Y Sims Y Stone Tate N Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman N Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 32, nays 19. SB 139, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Monday, March 2, 2015; the motion prevailed, and at 1:45 p.m. the President announced the Senate adjourned. 716 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 2, 2015 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 the need to make a correction to a committee report. The President recognized Senator Bethel of the 54th who asked unanimous consent of the Senate to make a correction to the Report of the Committee on Insurance and Labor read on February 26, 2015. The report erroneously reported that SB 111 was Favorably Reported "Do Pass by Substitute (LC 21 1944S)". The Report of the Committee should reflect that the action of the Committee was "Do Pass by Substitute (LC 37 1946S)". There was no objection to the correction. 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 447. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th and Peake of the 141st: A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 448. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th: A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved MONDAY, MARCH 2, 2015 717 HB 449. HB 453. HB 454. HB 465. January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Spencer of the 180th and Corbett of the 174th: A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Spencer of the 180th and Corbett of the 174th: A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in evennumbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Kidd of the 145th and Rhodes of the 120th: A BILL to be entitled an Act to authorize the governing authority of Putnam 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. 718 JOURNAL OF THE SENATE HB 468. By Representative Cooke of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; 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 182. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. MONDAY, MARCH 2, 2015 719 SB 183. By Senators Wilkinson of the 50th, Black of the 8th, Heath of the 31st, Unterman of the 45th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. SB 184. By Senators Black of the 8th, Burke of the 11th, Tolleson of the 20th, Hufstetler of the 52nd and Heath of the 31st: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, so as to provide that breed-specific regulation shall be limited to enactment by general law; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. SB 185. By Senators Tippins of the 37th, Unterman of the 45th, Millar of the 40th, Thompson of the 14th, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal prosecution; to provide for related matters; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 186. By Senators Heath of the 31st, Albers of the 56th, Beach of the 21st, Unterman of the 45th, Jeffares of the 17th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as provide for electronic publication of certain public notices; to provide for 720 JOURNAL OF THE SENATE procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SB 187. By Senators Bethel of the 54th, Henson of the 41st, McKoon of the 29th, James of the 35th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees and asylees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SR 388. By Senators Heath of the 31st, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Mullis of the 53rd and others: A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Government Oversight. SR 389. By Senators Hill of the 32nd, Thompson of the 14th, Hill of the 6th, Williams of the 27th, Crane of the 28th and others: A RESOLUTION encouraging opposition to the regulation of broadband information services in innovative and expanding markets; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 393. By Senator Millar of the 40th: A RESOLUTION encouraging revisions of the Georgia Department of Education Code to allow computer programming courses to count toward graduation requirements in math, science, and foreign language in order to MONDAY, MARCH 2, 2015 721 strengthen K-12 education and offer a quality, tech-focused education for workforce readiness; and for other purposes. Referred to the Committee on Education and Youth. The following House legislation was read the first time and referred to committee: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. Referred to the Committee on Appropriations. HB 447. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th and Peake of the 141st: A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 448. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th: A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 722 JOURNAL OF THE SENATE HB 449. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 453. By Representatives Spencer of the 180th and Corbett of the 174th: A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 454. By Representatives Spencer of the 180th and Corbett of the 174th: A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in evennumbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 465. By Representatives Kidd of the 145th and Rhodes of the 120th: A BILL to be entitled an Act to authorize the governing authority of Putnam 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 Committee on State and Local Governmental Operations. MONDAY, MARCH 2, 2015 723 HB 468. By Representative Cooke of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance 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 Hill of the 32nd District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 114 SB 131 Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 110 SB 128 SB 135 Do Pass Do Pass Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman 724 JOURNAL OF THE SENATE Mr. President: The Committee on Natural Resources and the Environment has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 112 SB 119 Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 305 Do Pass HB 371 Do Pass HB 329 Do Pass HB 379 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: SB 111 SB 134 The President recognized U.S. Representative Buddy Carter who addressed the Senate briefly. 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. Senator Tate of the 38th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Hill, H Hill, Jack Hill, Judson Hufstetler Mullis Orrock Parent Rhett MONDAY, MARCH 2, 2015 725 Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Miller Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Lucas (Excused) Ramsey, Sr. Seay (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, Dr. William Holmes Robinson of Fayetteville, Georgia, who offered scripture reading and prayer. Senator Davenport of the 44th introduced the doctor of the day, Dr. Steven A. Muller. The President recognized the First Lady Sandra Deal who addressed the Senate briefly. Senator Davenport of the 44th recognized Mr. Charles "Chuck" Ware as the Distinguished Older Georgian for 2015, commended by SR 87, adopted previously. Mr. Chuck Ware addressed the Senate briefly. Senator Unterman of the 45th recognized March 2, 2015, as Skin Cancer Awareness Day at the state capitol, commended by SR 346, adopted previously. Dr. Mary Feldman addressed the Senate briefly. The following resolutions were read and adopted: SR 386. By Senators Henson of the 41st, Kirk of the 13th, Sims of the 12th, Orrock of the 36th and Lucas of the 26th: A RESOLUTION celebrating Abraham Baldwin Agricultural College's 107th anniversary; and for other purposes. 726 JOURNAL OF THE SENATE SR 387. By Senators Harbin of the 16th, Kennedy of the 18th, Hill of the 32nd and Heath of the 31st: A RESOLUTION commending Liberty Technology; and for other purposes. SR 390. By Senators Watson of the 1st, Jackson of the 2nd, Hill of the 4th, Ligon, Jr. of the 3rd and Tolleson of the 20th: A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Kevin Halligan and the Grand Marshal of the 2015 St. Patrick's Day Parade, Hugh Coleman on the upcoming occasion of the 2015 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 391. By Senator Millar of the 40th: A RESOLUTION commending David Byers and congratulating him upon being honored with the Rick Perkins Award for Excellence in Technical Instruction; and for other purposes. SR 392. By Senator Millar of the 40th: A RESOLUTION commending Lucas Teague and congratulating him upon being honored with the Georgia Occupational Award of Leadership; and for other purposes. SR 394. By Senators Kirk of the 13th, Burke of the 11th, Harper of the 7th, Black of the 8th, Jones of the 25th and others: A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes. SR 395. By Senator Jones II of the 22nd: A RESOLUTION recognizing and commending Bishop Willie Jackson on the grand 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: MONDAY, MARCH 2, 2015 727 SENATE LOCAL CONSENT CALENDAR Monday March 2, 2015 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 305 Lucas of the 26th SANDERVILLE SCHOOL BUILDING AUTHORITY A BILL to be entitled an Act to create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes. HB 329 Thompson of the 14th Tippins of the 37th CITY OF KENNESAW A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 371 Black of the 8th CITY OF LAKE PARK A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; to provide for related matters; to repeal conflicting laws; and for other purposes. 728 JOURNAL OF THE SENATE HB 379 Ramsey, Sr. of the 43rd CITY OF PORTERDALE "REDEVELOPMENT POWERS LAW" A BILL to be entitled an Act to authorize the City of Porterdale to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 52, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The President recognized U.S. Senator Johnny Isakson who addressed the Senate briefly. Senator Tate of the 38th was excused for business outside the Senate Chamber. MONDAY, MARCH 2, 2015 729 SENATE RULES CALENDAR MONDAY, MARCH 2, 2015 TWENTY-FOURTH LEGISLATIVE DAY SB 101 Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities are prohibited (Substitute)(NR&E-1st) SB 108 Insurance; provide the requirements for maintaining a risk management framework (I&L-9th) SB 125 State Road and Tollway Authority; authorize the collection of tolls for the management of traffic flow (TRANS-21st) 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 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Senate Committee on Natural Resources and the Environment offered the following substitute to SB 101: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 730 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, is amended in Code Section 12-7-3, relating to definitions, by redesignating paragraph (10.1) as paragraph (10.2) and by adding three new paragraphs to read as follows: "(2.1) 'Coastal marshlands' shall have the same meaning as in Code Section 12-5282." "(10.1) 'Maintenance' means actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design." "(13.1) 'Serviceable' means usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction." SECTION 2. Said chapter is further amended in subsection (b) of Code Section 12-7-6, relating to best management practices and minimum requirements for erosion and sedimentation control, by deleting "and" at the end of division (b)(15)(D)(ii), by replacing the period with "; and" at the end of division (b)(16)(C)(ii), and by adding a new paragraph to read as follows: "(17)(A) There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Part 4 of Article 4 of Chapter 5 of this title, the 'Coastal Marshlands Protection Act of 1970,' and the rules and regulations promulgated thereunder, except: (i) Where the director determines to allow a variance that is at least as protective of natural resources and the environment; (ii) Where otherwise allowed by the director pursuant to Code Section 12-2-8; (iii) Where an alteration within the buffer area has been authorized pursuant to Code Section 12-5-286; (iv) For maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; (v) Where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully MONDAY, MARCH 2, 2015 731 implemented; (vi) On the landward side of any currently serviceable shoreline stabilization structure; and (vii) For the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. (B) No land-disturbing activity shall be conducted within any such buffer and a buffer shall remain in its current, undisturbed state of vegetation until all landdisturbing activities on the construction site are completed, except as otherwise provided by this paragraph. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation so long as a protective vegetative cover remains to protect water quality and aquatic habitat; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time so long as a protective vegetative cover remains to protect water quality and aquatic habitat. (C) On or before December 31, 2015, the board shall promulgate rules and regulations that: (i) Contain criteria for the grant or denial by the director of requests for variances pursuant to this paragraph; and (ii) Provide for variances by rule, subject to specified conditions, for certain categories of activities within the buffer, including: (I) Where an alteration within the buffer area has been authorized pursuant to a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; and (II) Where an alteration within the buffer will have minimal impact on the water quality or aquatic habitat of the adjacent marsh, including where the area within the buffer is not more than 500 square feet; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. (D) The board may adopt rules and regulations that provide for an expedited process for certain categories of activities within the buffer based on the size, scope, location, and character of the proposed activity within the buffer. (E) The buffer requirements of this paragraph shall not apply to crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. (F) The buffer shall not apply to: 732 JOURNAL OF THE SENATE (i) Any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to the effective date of this Act; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (ii) Any lot for which the preliminary plat has been approved prior to the effective date of this Act if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented." SECTION 3. Said chapter is further amended by revising division (b)(15)(A)(i) of Code Section 12-76, relating to best management practices and minimum requirements for erosion and sedimentation control, as follows: "(i) As provided by paragraph paragraphs (16) and (17) of this subsection;" SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations and shall become effective on December 31, 2015, for all other purposes. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone MONDAY, MARCH 2, 2015 733 Davenport Y Dugan Fort Y Ginn N Gooch Y Harbin Y Harbison Harper Y Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis E Tate N Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 4. SB 101, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 2, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 101. Had I been present, I would have voted yea. /s/ Tyler Harper District 7 Senator Millar of the 40th recognized David Byers and congratulating him upon being honored with the Rick Perkins Award for Excellence in Technical Instruction, commended by SR 391, adopted today. David Byers addressed the Senate briefly. Senator Millar of the 40th recognized Lucas Teague and congratulating him upon being honored with the Georgia Occupational Award of Leadership, commended by SR 392, adopted today. Lucas Teague addressed the Senate briefly. Senator McKoon of the 29th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 108. By Senators Martin of the 9th, McKoon of the 29th, Harbison of the 15th, Jones of the 25th, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide the requirements for maintaining a risk management framework and provide guidance and instructions for filing for an Own Risk and Solvency Assessment and report with the Commissioner; to 734 JOURNAL OF THE SENATE provide for legislative intent; to provide for a purpose; to provide for definitions; to provide for standards and timing of reports; to provide for exemptions; to provide for confidentiality of reports; to provide for the Commissioner's duties and powers; to provide for penalties; to provide for the redesignation of certain code provisions and conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 2. SB 108, having received the requisite constitutional majority, was passed. Senator Tippins of the 37th was excused for business outside the Senate Chamber. SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and MONDAY, MARCH 2, 2015 735 Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Beach of the 21st, Shafer of the 48th, Williams of the 19th and Gooch of the 51st offered the following amendment #1: Amend SB 125 (LC 39 0936) by deleting lines 6 through 10 and inserting in lieu thereof the following: Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes. By deleting lines 113 through 132. By deleting lines 141 through 158 and inserting in lieu thereof the following: SECTION 5. By replacing "SECTION 8." with "SECTION 6." on line 161. On the adoption of the amendment, there were no objections, and the Beach, et al. amendment #1 was adopted. Senators Bethel of the 54th, Millar of the 40th and Hill of the 32nd offered the following amendment #2: Amend LC 39 0936 SB 125 by striking "or acquired" on line 36 and line 21. On the adoption of the amendment, there were no objections, and the Bethel amendment, et al. #2 was adopted. Senators Hill of the 32nd and Kennedy of the 18th offered the following amendment #3: Amend SB 125 LC 39 0936 by striking lines 37 through line 40 beginning after the period on line 37. 736 JOURNAL OF THE SENATE On the adoption of the amendment, the President asked unanimous consent. Senator Beach of the 21st objected. On the adoption of the amendment, the yeas were 12, nays 24, and the Hill of the 32nd, Kennedy amendment #3 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler N Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y 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 Jones, H Y Kennedy Y Kirk Y Ligon N Lucas N Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate N Thompson, B Y Thompson, C E Tippins Y Tolleson N Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 42, nays 12. SB 125, having received the requisite constitutional majority, was passed as amended. Senator Hill of the 32nd moved to suspend the Senate Rules to read a committee report. There was no objection. The following committee report was read by the Secretary: MONDAY, MARCH 2, 2015 737 Mr. President: The Committee on Finance has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 292 Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd District, Chairman Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 3, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:31 p.m. 738 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 3, 2015 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 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 51. By Representatives Benton of the 31st, Stephens of the 164th and Werkheiser of the 157th: A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable at redemption; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 3, 2015 739 HB 99. HB 118. HB 184. HB 185. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st: 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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes. 740 JOURNAL OF THE SENATE HB 197. HB 207. HB 210. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 1714-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Quick of the 117th 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 change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th, Mayo of the 84th, Jasperse of the 11th, Dempsey of the 13th, Rice of the 95th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 3, 2015 741 HB 233. HB 234. HB 316. HB 325. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th: A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Reeves of the 34th, Meadows of the 5th, Smith of the 134th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; to provide for related matters; to repeal conflicting laws; and for other purposes. 742 JOURNAL OF THE SENATE HB 340. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Bryant of the 162nd and Gordon of the 163rd: 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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 378. By Senators Orrock of the 36th, Miller of the 49th, Unterman of the 45th, Millar of the 40th, Lucas of the 26th and others: A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes. TUESDAY, MARCH 3, 2015 743 The following Senate legislation was introduced, read the first time and referred to committee: SB 188. By Senators Harbison of the 15th and McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to bingo, so as to increase the permissible prize amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 189. By Senators James of the 35th and Albers of the 56th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for other matters relative to the foregoing; to provide for referenda; to provide for an automatic repeal; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of South Fulton; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SB 191. By Senators Tippins of the 37th, Jeffares of the 17th, Gooch of the 51st, McKoon of the 29th, Thompson of the 5th and others: 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 prohibit local governing authorities from adopting or 744 JOURNAL OF THE SENATE enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 192. By Senators Davenport of the 44th, Fort of the 39th, Ramsey, Sr. of the 43rd, James of the 35th and Jackson of the 24th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a civil penalty for commercial vehicle drivers and employers when a commercial vehicle is operated in violation of provisions relating to the display of license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 193. By Senators Bethel of the 54th, Stone of the 23rd, Kennedy of the 18th, Parent of the 42nd, Unterman of the 45th and others: A BILL to be entitled an Act to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to change penalty provisions relating to family violence battery; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. TUESDAY, MARCH 3, 2015 745 SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 196. By Senator Beach of the 21st: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 197. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 407. By Senator Unterman of the 45th: A RESOLUTION creating the Joint Study Committee on Preventing Youth Substance Use Disorders; and for other purposes. Referred to the Committee on Health and Human Services. The following House legislation was read the first time and referred to committee: 746 JOURNAL OF THE SENATE HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 51. By Representatives Benton of the 31st, Stephens of the 164th and Werkheiser of the 157th: A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable at redemption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st: 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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, TUESDAY, MARCH 3, 2015 747 relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banking and Financial Institutions. HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 197. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform ForeignCountry Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 17-14-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 748 JOURNAL OF THE SENATE HB 207. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Quick of the 117th 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 change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 210. By Representatives Rogers of the 10th, Mayo of the 84th, Jasperse of the 11th, Dempsey of the 13th, Rice of the 95th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th: A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. TUESDAY, MARCH 3, 2015 749 HB 234. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 316. By Representatives Reeves of the 34th, Meadows of the 5th, Smith of the 134th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 340. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Bryant of the 162nd and Gordon of the 163rd: 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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. 750 JOURNAL OF THE SENATE HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. The following committee reports were read by the Secretary: Mr. President: The Committee on Agriculture and Consumer Affairs has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 173 SB 175 Do Not Pass Do Pass Respectfully submitted, Senator Wilkinson of the 50th District, Chairman TUESDAY, MARCH 3, 2015 751 Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 132 SB 156 SR 287 Do Pass Do Pass Do Pass by substitute SB 133 SB 164 Do Pass by substitute Do Pass Respectfully submitted, Senator Tippins of the 37th District, Chairman The following communication was received by the Secretary: To: David Cook, Secretary of the Senate From: Sen. Vincent Fort Re: Minority Report on SB 133 and SR 287 Date: March 3, 2015 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 133 and Senate Resolution 287. /s/ Vincent D. Fort Sen. Vincent Fort, 39th District Mr. President: The Committee on Ethics 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 Do Pass by substitute Respectfully submitted, Senator Burke of the 11th District, Chairman Mr. President: The Committee on Interstate Cooperation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 752 JOURNAL OF THE SENATE SB 103 Do Pass Respectfully submitted, Senator James of the 35th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 90 SB 129 Do Pass Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman The following communication was received by the Secretary: To: David Cook, Secretary of the Senate From: Sen. Vincent Fort Re: Minority Report on SB 129 Date: March 3, 2015 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 129. /s/ Vincent D. Fort Sen. Vincent Fort, 39th District Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 307 HB 403 HB 413 HB 431 Do Pass Do Pass Do Pass Do Pass HB 388 HB 404 HB 425 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman TUESDAY, MARCH 3, 2015 753 Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 296 Do Pass by substitute Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 292 SB 128 SB 97 SB 131 SB 110 SB 135 SB 112 SB 114 SB 119 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Albers of the 56th introduced the chaplain of the day, Pastor Mirek Hufton of Roswell, Georgia, who offered scripture reading and prayer. Senator Tolleson of the 20th introduced the doctor of the day, Dr. Manoj H. Shah. Senator Jones of the 25th asked unanimous consent that Senator Hill of the 6th be excused. The consent was granted, and Senator Hill was excused. Senator Bethel of the 54th asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. Senator Kennedy of the 18th asked unanimous consent that Senator Harbin of the 16th be excused. The consent was granted, and Senator Harbin was excused. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Orrock Parent Rhett Seay Shafer Sims 754 JOURNAL OF THE SENATE Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbison Harper Heath Henson Hill, Jack Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin Millar Miller Mullis Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Harbin (Excused) Ramsey, Sr. (Excused) Hill, H. (Excused) McKoon (Excused) Senator Parent of the 42nd recognized the City Schools of Decatur School Board and declared the week of March 16-20, 2015, as School Board Appreciation Week in Georgia, commended by SR 354, adopted previously. Garrett Goebel, Chair of City Schools of Decatur School Board, addressed the Senate briefly. Senator Seay of the 34th recognized the Georgia Women's Legislative Caucus. First Lady of the Senate Nita Cagle addressed the Senate briefly. Senators Davenport of the 44th, James of the 35th, Orrock of the 36th, and Cowsert of the 46th also addressed the Senate. Senator Seay of the 34th recognized Hang Tran and congratulated her on her election to the Morrow City Council, commended by SR 175, adopted previously. Hang Tran addressed the Senate briefly. Senator Tippins of the 37th recognized the following 2015 Georgia Green Ribbon Schools, commended by the corresponding, previously adopted, Senate Resolutions: SR 372 Dr. M.H. Mason, Jr. Elementary School SR 373 Cobb County School District SR 374 Cherokee County School District SR 375 Arcado Elementary School SR 376 Big Shanty Intermediate School SR 377 High Meadows School Senator Harbin of the 16th recognized Liberty Technology, commended by SR 387, adopted previously. TUESDAY, MARCH 3, 2015 755 Senators James of the 35th, Parent of the 42nd, and Tate of the 38th recognized former Senator Leroy Reginald Johnson as part of "Living Black History", commended by SR 369, adopted previously. Senator Leroy Johnson addressed the Senate briefly. Senator Unterman of the 45th recognized Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia, commended by SR 169, adopted previously. Ms. Patricia S. King addressed the Senate briefly. The following resolutions were read and adopted: SR 396. By Senator Kennedy of the 18th: A RESOLUTION commending Amy Maley for being named one of the Career Women's Network of Macon Women of Achievement for 2015; and for other purposes SR 397. By Senator Kennedy of the 18th: A RESOLUTION commending Cynthia "Cyndey" Costello Busbee for being named one of the Career Women's Network of Macon Women of Achievement for 2015; and for other purposes. SR 398. By Senator Tolleson of the 20th: A RESOLUTION commending the Miss Georgia Peach Scholarship Pageant and the 2014 Georgia Peach Queens; and for other purposes. SR 399. By Senator Tolleson of the 20th: A RESOLUTION commending the Keep Georgia Beautiful Program and the 78 local Keep America Beautiful affiliates who organize hundreds of thousands of volunteers to improve communities state wide; and for other purposes. SR 400. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Major General Thomas R. Moore on the grand occasion of his retirement; and for other purposes. SR 401. By Senators Bethel of the 54th, Martin of the 9th and Jeffares of the 17th: A RESOLUTION commending Georgia Tech legend, George P. Burdell, on being an upstanding citizen and distinguished alumni and faculty member of the Georgia Institute of Technology; and for other purposes. 756 JOURNAL OF THE SENATE SR 402. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending Isaiah Crowell for his successful football career; and for other purposes. SR 403. By Senators Hill of the 4th, Shafer of the 48th, Cowsert of the 46th, Millar of the 40th, Tolleson of the 20th and others: A RESOLUTION commending Mr. Thomas "Tom" E. Daniel for his service and congratulating him on the occasion of his retirement; and for other purposes. SR 404. By Senators James of the 35th and Rhett of the 33rd: A RESOLUTION commending First Lady Mireille Goncalves Lema of Equateur Province; and for other purposes. SR 405. By Senator Dugan of the 30th: A RESOLUTION recognizing Lisa McDonald as 2015 Charter School Leader of the Year; and for other purposes. SR 406. By Senator Ligon, Jr. of the 3rd: A RESOLUTION commending the College of Coastal Georgia and recognizing March 3, 2015, as College of Coastal Georgia Day at the Capitol; and for other purposes. SR 408. By Senators Jones of the 10th and James of the 35th: A RESOLUTION honoring the life and memory of Herman Jerome "HJ" Russell, Sr.; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Crane of the 28th Hill of the 32nd The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 3, 2015 Twenty-fifth Legislative Day TUESDAY, MARCH 3, 2015 757 (The names listed are the Senators whose districts are affected by the legislation.) HB 307 Lucas of the 26th CITY OF SANDERSVILLE A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 388 Harper of the 7th Kirk of the 13th PROBATE COURT OF WILCOX COUNTY A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 403 Lucas of the 26th WASHINGTON COUNTY A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 404 Stone of the 23rd GLASCOCK COUNTY A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes. 758 JOURNAL OF THE SENATE HB 413 Thompson of the 14th Beach of the 21st Albers of the 56th 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. HB 425 Sims of the 12th Kirk of the 13th NEW CHARTER FOR CITY OF AMERICUS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 431 Black of the 8th LOWNDES COUNTY A BILL to be entitled an Act to authorize the governing authority of Lowndes 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. 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: TUESDAY, MARCH 3, 2015 759 Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert E Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper N 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent E Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 49, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SB 104 SB 85 SB 89 SB 100 SENATE RULES CALENDAR TUESDAY, MARCH 3, 2015 TWENTY-FIFTH LEGISLATIVE DAY State Depository Board; delete references to building and loan associations (B&FI-30th) Development Authorities; revise the definition of projects as applicable; modify the tax exemption (ED&T-21st) "Digital Classroom Act"; require instructional materials and content to be in digital or electronic format after a certain date (Substitute)(S&T-56th) Motor Vehicles and Traffic; provide for applicability with current federal reg. in the safe operations of motor carriers and commercial motor vehicles (Substitute)(PUB SAF-7th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee 760 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the board composition to reflect current practice; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert E Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent E Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 0. SB 104, having received the requisite constitutional majority, was passed. SB 85. By Senators Beach of the 21st, Ginn of the 47th, Gooch of the 51st, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise TUESDAY, MARCH 3, 2015 761 the definition of project as applicable to said chapter; to modify the tax exemption of development authorities; to correct cross-references; 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 Beach N Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch N Harbin 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 Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent E Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 11. SB 85, having received the requisite constitutional majority, was passed. SB 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of 762 JOURNAL OF THE SENATE conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Science and Technology offers the following substitute to SB 89: A BILL TO BE ENTITLED AN ACT To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to encourage local boards of education to provide instructional materials and content to be in digital or electronic format; to encourage local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Digital Classroom Act." SECTION 2. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, is amended as follows: "ARTICLE 19 20-2-1010. (a) The State Board of Education is authorized to prescribe, by regulation, the definition of the term 'textbook' 'instructional materials and content' to include but not be limited to systematically designed material in any medium, whether print, nonprint, or digital including digital instructional materials and content and any computer hardware, software, and technical equipment necessary to support such material instructional materials and content, that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks instructional materials and content for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks various instructional materials and content so listed or adopted for any particular grade. (b) Nothing in this Code section shall be construed to exempt computer hardware or related equipment acquired by the state from competitive bidding. TUESDAY, MARCH 3, 2015 763 20-2-1011. The State Board of Education may provide for the selection, acquisition, or and purchase of free textbooks instructional materials and content either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books instructional materials and content at the lowest possible costs, provided such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the state board. None of the books instructional materials and content so purchased shall contain anything of a partisan or sectarian nature. 20-2-1012. (a) The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this state to examine textbooks instructional materials and content and make recommendations thereon to the state board. Such committee or committees shall consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the state board may prescribe and shall receive such compensation as may be fixed by the state board. (b) In addition to any other method of textbook instructional materials and content selection, the State Board of Education shall add to the approved list of textbooks instructional materials and content for use in the public schools of this state any textbook or series of textbooks instructional materials and content requested in writing by: (1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the textbook instructional materials and content requested, if the requisite number of requests for the specified textbook instructional materials and content are received within any 365 day period. A textbook Instructional materials and content so required to be added to the approved list shall be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall be included upon the approved list which indicates the manner in which any textbook was instructional materials and content were added to the list. Other than the selection method, publishers whose textbooks instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding textbooks instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability. 20-2-1013. (a) The State Board of Education is authorized and directed to inaugurate and administer a system of free textbooks instructional materials and content for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose. 764 JOURNAL OF THE SENATE (b) All hardbound or softbound textbooks, library books, and media materials instructional materials and content and any computer hardware, software, and technical equipment necessary to support such digital materials and content purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall may remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content;, library books,; and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a any lost or damaged textbook, instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book,; or media material at the replacement cost: (1) Refusal to issue or make available any additional textbooks, instructional materials and content, any computer hardware, software, and technical equipment necessary to support such materials and content, any library books, or any media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book,; or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect. 20-2-1014. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the state shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book instructional materials and content. 20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook, which may include a digital version. (a) Local boards of education are strongly encouraged to: (1) Purchase all instructional materials and content in digital or electronic format; and (2) Provide a laptop, tablet, or other wireless electronic device to each of its students in grades three and higher or allow students to provide their own for use as the TUESDAY, MARCH 3, 2015 765 principal source of reading or accessing instructional materials and content, so that by July 1, 2020, all instructional materials and content are provided in digital or electronic format. (b) The State Board of Education shall annually determine a reasonable level of funding to assist local boards of education in attaining complete digital access pursuant to this Code section. Such level of funding shall annually be presented to the General Assembly for its consideration in including appropriations for such purposes. 20-2-2016. This article shall not apply to students in home study programs or virtual courses." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Albers of the 56th and Tippins of the 37th offered the following amendment #1: Amend the committee substitute (LC 33 6041S) to SB 89 by on line 105 after the word encouraged Add: "on and after July 1, 2020" to . . . Strike lines 110 and 111 entirely. On the adoption of the amendment, there were no objections, and the Albers, Tippins amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach N Bethel Y Black Y Burke N Butler N Cowsert Y Crane Y Davenport Y Dugan N Fort 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 Jones, H Y Kennedy N Orrock Y Parent E Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate Thompson, B Y Thompson, C 766 JOURNAL OF THE SENATE Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 8. SB 89, having received the requisite constitutional majority, was passed by substitute. SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Committee on Public Safety offers the following substitute to SB 100: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise provisions regarding licensing for the operation of motor vehicles and the operation of motor vehicles; to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to amend Article 2 of Chapter 3 of Title 3, Article 1 of Chapter 11 of Title 19, Chapter 2 of Title 20, and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, the Child Support Recovery Act, elementary and secondary education, and drivers' licenses, respectively, so as to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to revise penalties for pleas of nolo contendere regarding driver's license suspensions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 3, 2015 767 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (A) of paragraph (8.3) of Code Section 40-1-1, relating to definitions, as follows: "(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 4,536 kg (10,001 lbs.) or more;" SECTION 1-2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil penalties, operation of out-of-service vehicles, and criminal penalties, as follows: "(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014 2015." SECTION 1-3. Said title is further amended by revising Code Section 40-2-1, relating to definitions, as follows: "40-2-1. As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state. (5) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and: (A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater; (B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or 768 JOURNAL OF THE SENATE (C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity. (4)(6) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both. (5)(7) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6)(8) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (7)(9) 'Resident' means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (8)(10) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (9)(11) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department." SECTION 1-4. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 402-140, relating to the administration of the Federal Unified Carrier Registration Act of 2005 by the Department of Public Safety, 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: "(d)(1) Any intrastate motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No for-hire intrastate motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or TUESDAY, MARCH 3, 2015 769 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 for-hire intrastate 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 for-hire intrastate 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. (e) Before any intrastate motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the intrastate motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (f) Prior to the issuance of the initial registration to any intrastate motor carrier Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Public Safety pursuant to subsection (d) or (e) of this Code section, that intrastate motor carrier shall furnish evidence to the Department of Public Safety that the intrastate motor 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." PART II SECTION 2-1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, is amended in Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, by revising paragraph (3) of subsection (b) as follows: "(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year." 770 JOURNAL OF THE SENATE SECTION 2-2. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended in Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly, by adding a new subsection to read as follows: "(p) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension." SECTION 2-3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (f) of Code Section 20-2320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, as follows: "(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety Driver Services, in a form to be agreed upon between the Department of Education and the Department of Public Safety Driver Services, enrollment, attendance expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22." SECTION 2-4. Said chapter is further amended by revising paragraph (5) of subsection (b) and paragraph (6) of subsection (c) of Code Section 20-2-690, relating to educational entities and requirements by private schools and home study programs, as follows: "(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance enrollment by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-522; and" "(6) The parent or guardian shall have the authority to execute any document TUESDAY, MARCH 3, 2015 771 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 enrollment by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-522, 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;" SECTION 2-5. Said chapter is further amended by revising subsection (g) of Code Section 20-2-690.2, relating to the establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows: "(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 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 2-6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment, as follows: "(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, 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 enrollment by the Department of Public Safety Driver Services for the purposes set forth in subsection (a.1) of Code 772 JOURNAL OF THE SENATE Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320." SECTION 2-7. Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility for reporting truants to juvenile or other courts, as follows: "20-2-701. (a) Local school superintendents as applied to private schools, the Department of Education as applied to home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, if known. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system." SECTION 2-8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a.1) of Code Section 40-5-22, relating to persons not to be licensed, minimum age for licensees, school attendance requirements, and driving training requirements, as follows: "(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in TUESDAY, MARCH 3, 2015 773 a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant: (A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a 774 JOURNAL OF THE SENATE hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3)(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4)(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma." SECTION 2-9. Said chapter is further amended by revising subsection (a) of Code Section 40-5-26, relating to applications of minors and distinctive licenses for persons under 21, as follows: (a)(1) The application of any person under the age of 18 years for an instruction permit or driver's license shall be: (A)(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (B)(2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department. TUESDAY, MARCH 3, 2015 775 (2)(A) A person who signed and verified a minor's successful application for an instruction permit or driver's license may subsequently during such minority request revocation of the minor's instruction permit or driver's license by written notice to the department on such form as specified thereby, signed and verified before a person authorized to administer oaths. If the request for revocation is submitted by a licensed driver training instructor acting as an agent on behalf of the father, mother, or guardian of the applicant, such agency must be evidenced by permission for the revocation of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths. Upon receipt of such request and payment of a fee in an amount equivalent to that which was required for issuance of the instruction permit or driver's license, and after a mandatory three business day waiting period, during which the request for revocation may be withdrawn but the fee shall not be returned, the department shall revoke the minor's instruction permit or driver's license. (B) A minor whose instruction permit or driver's license has been revoked under this paragraph shall not be eligible for issuance of another instruction permit or driver's license until he or she reaches 18 years of age, unless consent for issuance of an instruction permit or driver's license has been granted as provided by subparagraphs (A) and (B) of paragraph (1) of this subsection upon application of the minor made not sooner than three months after the effective date of revocation. (C) The provisions of Code Section 40-5-62 shall not apply to a person whose instruction permit or driver's license has been revoked under this paragraph. (D) A revocation of a minor's instruction permit or driver's license under this paragraph shall not be deemed a revocation for purposes of any increase in insurance rates or cancellation of any policy of motor vehicle insurance for which the minor is not the sole named insured, but such a policy may be amended so as to remove such minor from the list of named insureds under such policy." SECTION 2-10. Said chapter is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, as follows: "(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; 776 JOURNAL OF THE SENATE (7)(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4." SECTION 2-11. Said chapter is further amended by revising subsection (a) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and reinstatement of license following suspension, as follows: "(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or a violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice." SECTION 2-12. Said chapter is further amended by repealing in its entirety Code Section 40-5-57.2, relating to suspension based on violation of Code Section 40-6-255, and designating said Code section as reserved. SECTION 2-13. Said chapter is further amended by repealing in their entirety subsections (e) and (f) of Code Section 40-5-63, relating to periods of suspension and conditions of return of license. SECTION 2-14. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, as follows: TUESDAY, MARCH 3, 2015 777 "(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit." SECTION 2-15. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows: "40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of Except as provided in Code Section 40-5-76, 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, in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 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 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 778 JOURNAL OF THE SENATE 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 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 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. Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose TUESDAY, MARCH 3, 2015 779 limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. 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 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. (a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. (b) Except as provided in Code Section 40-5-76, 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 a controlled substance or marijuana 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 40-6-391; 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. (c)(1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the department. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has 780 JOURNAL OF THE SENATE not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department. (d)(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e)(d) 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. (f)(e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. (h)(f) Licensed Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court. (i)(g) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof." TUESDAY, MARCH 3, 2015 781 SECTION 2-16. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows: "(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) (e) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail." PART III SECTION 3-1. This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senators Albers of the 56th, Ligon of the 3rd and Stone of the 23rd offered the following amendment #1: Amend the committee substitute (LC 41 0452S) to SB 100 by striking Sections 2-7, 2-8, 2-9 lines 212 - 355 Senator Harper of the 7th offered the following amendment #1a: Amend Amendment 1 to the committee substitute to SB 100, LC 41 0452S by striking "2-7, 2-8," on line 1 On the adoption of the amendment, the President asked unanimous consent. Senator Hill of the 32nd objected. On the adoption of the amendment, the yeas were 25, nays 5, and the Harper amendment #1a to the Albers, et al. amendment #1 was adopted. 782 JOURNAL OF THE SENATE On the adoption of amendment #1, there were no objections, and the Albers, 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: N Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent E Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 6. SB 100, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TUESDAY, MARCH 3, 2015 783 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Mark Burkhalter 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, 2019. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable David Ralston Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 18, 2015, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mark Burkhalter was elected as a member of the State Transportation Board from the 6th Congressional District to serve a term expiring April 15, 2019. Respectfully submitted, /s/ Honorable David Shafer Senator, District 48 Chairman /s/ Honorable Don Parsons Representative, District 44 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 784 JOURNAL OF THE SENATE TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Rudy Bowen has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 7th Congressional District for a term expiring April 15, 2020. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable David Ralston Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 18, 2015, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Rudy Bowen was elected as a member of the State Transportation Board from the 7th Congressional District to serve a term expiring April 15, 2020. Respectfully submitted, /s/ Honorable David Shafer Senator, District 48 Chairman /s/ Honorable Valerie Clark Representative, District 101 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TUESDAY, MARCH 3, 2015 785 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Jay Shaw has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 8th Congressional District for a term expiring April 15, 2020. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable David Ralston Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 18, 2015, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jay Shaw was elected as a member of the State Transportation Board from the 8th Congressional District to serve a term expiring April 15, 2020. Respectfully submitted, /s/ Honorable Jay Roberts Representative, District 155 Chairman /s/ Honorable Tommie Williams Senator, District 19 Secretary Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 4, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:20 p.m. 786 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 4, 2015 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 the need to make a correction to a committee report. The President recognized Senator Wilkinson of the 50th who asked unanimous consent of the Senate to make a correction to the Report of the Committee on Agriculture and Consumer Affairs read on March 3, 2015. The report erroneously reported that "SB 173 Do Not Pass". There should have been no report on SB 173. There was no objection to the correction. 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 4, 2015 787 HB 82. HB 147. HB 183. HB 190. HB 192. By Representative Kidd of the 145th: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to allow certain members to appoint a designee; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to revise the definition of private home care provider to include contractual arrangements with licensed independent contractors; to revise exempt services; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd and Taylor of the 79th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal 788 JOURNAL OF THE SENATE HB 195. HB 252. HB 315. HB 478. corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Cooper of the 43rd, Randall of the 142nd, Kelley of the 16th, Dempsey of the 13th, Rynders of the 152nd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change the name of the Technical College System of Georgia to the Georgia Career College System; to change the name of the State Board of the Technical College System of Georgia to the State Board of the Georgia Career College System; to amend various provisions of the Official Code of Georgia Annotated to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Parrish of the 158th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, WEDNESDAY, MARCH 4, 2015 789 HB 479. HB 489. HB 490. HB 493. p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th and Peake of the 141st: A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st: A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st: A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 167th and Atwood of the 179th: A BILL to be entitled an Act to authorize the City of Brunswick 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 790 JOURNAL OF THE SENATE "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 495. By Representatives Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and Fludd of the 64th: A BILL to be entitled an Act to authorize the City of Peachtree City to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 198. By Senator Thompson of the 5th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of the retail sale of marijuana; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for the regulatory authority of the Department of Revenue; to provide for licensing requirements and restrictions; to provide for regulation of cultivation, production, and retail sale of marijuana; to prohibit certain acts; to provide for penalties; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 199. By Senators Jeffares of the 17th, Mullis of the 53rd, Jones of the 25th, Dugan of the 30th, Kennedy of the 18th 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 a definition; to prohibit certain activities within close proximity to polling places; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. WEDNESDAY, MARCH 4, 2015 791 SB 200. By Senators Jackson of the 2nd, Fort of the 39th, Rhett of the 33rd and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government general provisions, so as to provide for a minimum wage for state contractors and state employees; to provide for definitions; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 201. By Senators Jackson of the 2nd, Rhett of the 33rd and Henson of the 41st: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SR 6. By Senator Thompson of the 5th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law for the legalization and regulation of marijuana; to permit persons 21 years of age or older to purchase limited amounts of marijuana for personal use; to provide that the fees and tax proceeds from the sale of such marijuana be dedicated equally between education and transportation infrastructure purposes; to provide that such funds shall not lapse; to provide for submission of this amendment for ratification or rejection; and for other purposes Referred to the Committee on Judiciary Non-Civil. SR 410. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Beach of the 21st, Williams of the 27th and others: A RESOLUTION recognizing Mr. Frank L. Danchetz and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. 792 JOURNAL OF THE SENATE SR 411. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Beach of the 21st and Ginn of the 47th: A RESOLUTION recognizing Mr. Paul V. Liles, Jr., and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. SR 412. By Senators Jones II of the 22nd, Beach of the 21st, Stone of the 23rd, Jackson of the 24th, Rhett of the 33rd and others: A RESOLUTION creating the Senate Cyber Challenge Study Committee; and for other purposes. Referred to the Committee on Science and Technology. The following House legislation was read the first time and referred to committee: HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 82. By Representative Kidd of the 145th: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to allow certain members to appoint a designee; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. WEDNESDAY, MARCH 4, 2015 793 HB 147. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 183. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to revise the definition of private home care provider to include contractual arrangements with licensed independent contractors; to revise exempt services; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 192. By Representatives Powell of the 32nd and Taylor of the 79th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official 794 JOURNAL OF THE SENATE of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 195. By Representatives Cooper of the 43rd, Randall of the 142nd, Kelley of the 16th, Dempsey of the 13th, Rynders of the 152nd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 252. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. HB 315. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change the name of the Technical College System of Georgia to the Georgia Career College System; to change the name of the State Board of the Technical College System of Georgia to the State Board of the Georgia Career College System; to amend various provisions of the Official Code of Georgia Annotated to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. WEDNESDAY, MARCH 4, 2015 795 HB 478. By Representative Parrish of the 158th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 479. By Representatives Dickey of the 140th and Peake of the 141st: A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 489. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st: A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 490. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st: A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to 796 JOURNAL OF THE SENATE provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 493. By Representatives Jones of the 167th and Atwood of the 179th: A BILL to be entitled an Act to authorize the City of Brunswick 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 Committee on State and Local Governmental Operations. HB 495. By Representatives Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and Fludd of the 64th: A BILL to be entitled an Act to authorize the City of Peachtree City 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 Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Economic Development and Tourism 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 SR 114 Do Pass Do Pass Respectfully submitted, Senator Ginn of the 47th District, Chairman WEDNESDAY, MARCH 4, 2015 797 Mr. President: The Committee on Government Oversight has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 388 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 109 SB 115 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 168 SB 179 Do Pass Do Pass by substitute Respectfully submitted, Senator Millar of the 40th District, Chairman Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 163 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman 798 JOURNAL OF THE SENATE Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 360 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 187 HB 400 HB 448 HB 453 HB 465 Do Pass Do Pass Do Pass Do Pass Do Pass HB 398 HB 447 HB 449 HB 454 HB 468 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: HB 90 SB 156 SB 103 SB 164 SB 127 SB 175 SB 129 SR 287 SB 132 SR 296 SB 133 Senator Butler of the 55th asked unanimous consent that Senator Sims of the 12th be excused. The consent was granted, and Senator Sims was excused. Senator Martin of the 9th asked unanimous consent that Senator Jones of the 25th be excused. The consent was granted, and Senator Jones was excused. Senator Bethel of the 54th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Williams of the 19th asked unanimous consent that Senator Albers of the 56th be excused. The consent was granted, and Senator Albers was excused. WEDNESDAY, MARCH 4, 2015 799 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: Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Ramsey Rhett Seay Shafer Stone Tate Thompson, B Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Albers (Excused) Sims (Excused) Tolleson Harbison (Excused) Thompson, C. Jones, B. (Excused) Tippins (Excused) Senator Tippins of the 37th 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 Tate of the 38th introduced the chaplain of the day, Dr. Charles Z. Gardner of Atlanta, Georgia, who offered scripture reading and prayer. Senator Burke of the 11th recognized Miss Georgia 2014, Maggie Bridges, for her leadership and dedication to public service to the State of Georgia, commended by SR 188, adopted previously. Maggie Bridges addressed the Senate briefly. Senators Butler of the 55th and Rhett of the 33rd recognized March 4, 2015, as Children's Day at the state capitol, commended by SR 338, adopted previously. 800 JOURNAL OF THE SENATE Senator Jackson of the 24th congratulated the Greenbrier High School Softball Team, winners of the 2014 Class AAAAA State Championship, commended by SR 121, adopted previously. Coach Garrett Black addressed the Senate briefly. Senator Jackson of the 24th congratulated the 2014 Greenbrier High School golf team, winners of the Class AAAAA State Golf Championship, commended by SR 62, adopted previously. Coach Alex Heider addressed the Senate briefly. Senator Beach of the 21st recognized John Andrew Smoltz for his contributions to the State of Georgia and recognizing his outstanding achievements in the sport of baseball, commended by SR 154, adopted previously. John Smoltz addressed the Senate briefly. Senator Harbin of the 16th introduced the doctor of the day, Dr. Joseph G. Saulsbury II. Senator Parent of the 42nd recognized the month of April, 2015, as Genocide Prevention and Awareness Month at the capitol, commended by SR 361, adopted previously. Georgia Coalition to Prevent Genocide Chair Melanie Nelkin addressed the Senate briefly. The following resolution was read and adopted: SR 418. By Senator Unterman of the 45th: A RESOLUTION honoring the life and memory of Linda Womack; and for other purposes. Senator Unterman of the 45th spoke to the resolution honoring Linda Womack. Senator Greg Kirk delivered a prayer for Linda. Ethan James of the Georgia Hospital Association addressed the Senate briefly. The following resolutions were read and adopted: SR 409. By Senator Gooch of the 51st: A RESOLUTION commending the United States Air Force Academy Georgia Parents Club; and for other purposes. SR 413. By Senator Jackson of the 2nd: A RESOLUTION commending Elder James E. Taylor; and for other purposes. WEDNESDAY, MARCH 4, 2015 801 SR 414. By Senators Orrock of the 36th, Miller of the 49th, Henson of the 41st, Tate of the 38th, Butler of the 55th and others: A RESOLUTION recognizing March 25, 2015, as Greek Independence Day and congratulating Georgios Panagiotidis upon being named Consul of the Greek Government in Atlanta; and for other purposes. SR 415. By Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Harbison of the 15th and Jackson of the 2nd: A RESOLUTION commending the many contributions Caribbean Americans have made to the State of Georgia and recognizing March 19, 2015, as Caribbean American Legislative Day at the state capitol; and for other purposes. SR 416. By Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Harbison of the 15th and Jackson of the 2nd: A RESOLUTION commending Wadsworth Magnet School for High Achievers and congratulating it upon its many achievements; and for other purposes. SR 417. By Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Harbison of the 15th and Jackson of the 2nd: A RESOLUTION commending Dr. Jamye Coleman Williams; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 4, 2015 Twenty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 187 Miller of the 49th Wilkinson of the 50th CITY OF FLOWERY BRANCH A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 802 HB 398 HB 400 HB 447 HB 448 JOURNAL OF THE SENATE (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; to repeal conflicting laws; and for other purposes. Jones of the 25th NEW CHARTER TO THE CITY OF MONTICELLO A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Miller of the 49th Wilkinson of the 50th TOWN OF CLERMONT IN HALL COUNTY A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. Lucas of the 26th Jones of the 25th Kennedy of the 18th MACON WATER AUTHORITY ACT A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Ginn of the 47th BARROW COUNTY A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to HB 453 HB 454 HB 465 HB 468 WEDNESDAY, MARCH 4, 2015 803 revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd CITY OF KINGSLAND IN CAMDEN COUNTY A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd CITY OF KINGSLAND IN CAMDEN COUNTY A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in even-numbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Jones of the 25th PUTNAM COUNTY A BILL to be entitled an Act to authorize the governing authority of Putnam 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. Dugan of the 30th NEW CHARTER FOR THE CITY OF MOUNT ZION A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to 804 JOURNAL OF THE SENATE provide for effective dates; to provide a specific repealer; 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 449 Ginn of the 47th BARROW COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T WEDNESDAY, MARCH 4, 2015 805 On the passage of the local legislation, the yeas were 50, nays 3. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR WEDNESDAY, MARCH 4, 2015 TWENTY-SIXTH LEGISLATIVE DAY SB 131 Department of Behavorial Health and Developmental Disabilities; provide for certification; policies and procedures (H&HS-30th) HB 292 Revenue and taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law (Substitute)(FIN-32nd) Knight-130th SB 112 Wildlife; general hunting provisions; prohibit the removal, transportation; game animal or game bird carcasses (NR&E-7th) SB 114 Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions (H&HS-52nd) SB 119 "Water Professionals Appreciation Day"; designate the first Monday in May of each year in Georgia (NR&E-17th) SB 135 Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure (JUDY-54th) 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 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; 806 JOURNAL OF THE SENATE to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. SB 131, having received the requisite constitutional majority, was passed. HB 292. By Representatives Knight of the 130th and Powell of the 171st: 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 an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: WEDNESDAY, MARCH 4, 2015 807 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 13, 2015 Honorable Jay Powell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 292 (LC 34 4462) Dear Chairman Powell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This bill amends the tax code of Georgia to incorporate the 2014 changes to the federal income tax code. During 2014 several federal tax bills with consequences to state revenues were signed into law. These bills include the Achieving a Better Life Act, the Tax Increase Prevention Act (TIPA), the 2014 Tribal Welfare Exclusion Act, the Philippines Charitable Giving Assistance Act, the 2015 Appropriations Act, the Airlines Bankruptcy Payments Rollover Act, the Cooperative and Small Employer Charity Pension Flexibility Act, and the Highway and Transportation Act of 2014. The federal legislation listed above makes a number of changes to the federal income tax code. LC 34 4462 adopts all of these changes except the following items all of which are provisions contained in TIPA (P.L. 113-295). First, TIPA extends bonus depreciation for 2014 and extends the increased $8,000 of depreciation on passenger autos. Second, TIPA increases the maximum allowable deduction for section 179 property to $500,000 and increases the phase-out threshold to $2,000,000 to apply to tax years beginning in CY2014. Third, TIPA also expands the definition of section 179 property to include qualified real property for tax years beginning in 2014. Fourth, TIPA contains several 808 JOURNAL OF THE SENATE modifications to Section 199, the Domestic Production Activities deduction. Fifth, TIPA provides that "qualified restaurant property" that is not qualified leasehold improvement property is not considered qualified property for purposes of Code Sec. 168(k). Similarly, TIPA also provides that "qualified retail improvement property" that is not qualified leasehold improvement property is not considered qualified property for purposes of Code Sec. 168(k). Lastly, TIPA extends the 15-year general depreciation system recovery period and 39-year alternative depreciation system recovery in effect for qualified retail improvement property. By not conforming to the Section 179 provision included in the TIPA, the maximum deduction for Georgia tax purposes for this deduction becomes $25,000 with a phase-out threshold of $200,000 in 2014. As an alternative, LC 34 4462 would provide that the maximum deduction for purposes of Georgia taxable income is equal to $250,000 for 2014 with a phase-out threshold of $800,000. The revenue effect of adopting all federal provisions is shown in Table 1. In addition, the costs associated with each of the federal provisions not included in the state legislation are shown, as is the estimate for the special Section 179 provision for Georgia taxpayers. The value of the exclusions are subtracted from the cost of adopting all provisions and the value of the special Section 179 provision is added to the total to determine the combined net effect of the provisions included in LC 34 4462. Table 1: Revenue Effect of LC 34 4462 Accepted Federal Provisions 1. Achieving a Better Life Act 2. Tax Increase Prevention Act 3. 2014 Tribal Welfare Exclusion Act 4. Philippines Charitable Giving Assistance Act 5. 2015 Appropriations Act 6. 2014 Airline Bankruptcy Payments Rollover Act 7. Cooperative and Small Employer Charity Pension Flexibility Act 8.Highway and Transportation Act of 2014 Sub-Total All Federal Provisions 2015 0 -47 0 0 0 0 0 3 -44 Special Section 179 provision for Georgia -12 Total -56 *Totals may not add due to rounding. State Fiscal Years/$ in Millions 2016 2017 2018 0 0 0 -17 -4 0 0 0 0 0 0 0 -1 -1 -1 0 0 0 0 0 0 11 19 22 -7 14 21 -7 8 5 -14 22 26 2019 -1 0 0 0 -2 0 0 20 18 4 22 Total 20152019 -1 -68 0 0 -5 0 0 75 1 -1 0 WEDNESDAY, MARCH 4, 2015 809 Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget The Senate Committee on Finance offered the following substitute to HB 292: 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 an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising 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, 2013 2014, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2014 2015, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations 810 JOURNAL OF THE SENATE provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, 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 shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, 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 shall be $2 million for tax years beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013 2015),' 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, 2014 2015, 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, 2013 2014, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2014 2015, 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. 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, 2014. 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 WEDNESDAY, MARCH 4, 2015 811 GREG S. GRIFFIN State Auditor (404) 656-2174 March 2, 2015 Honorable Judson Hill State Senator 421-D State Capitol Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 292 (LC 34 4569S) Dear Senator Hill: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This bill amends the tax code of Georgia to incorporate the 2014 changes to the federal income tax code. During 2014 several federal tax bills with consequences to state revenues were signed into law. These bills include the Achieving a Better Life Act, the Tax Increase Prevention Act (TIPA), the 2014 Tribal Welfare Exclusion Act, the Philippines Charitable Giving Assistance Act, the 2015 Appropriations Act, the Airlines Bankruptcy Payments Rollover Act, the Cooperative and Small Employer Charity Pension Flexibility Act, and the Highway and Transportation Act of 2014. The federal legislation listed above makes a number of changes to the federal income tax code. LC 34 4569S adopts all of these changes except the following items all of which are provisions contained in TIPA (P.L. 113-295). First, TIPA extends bonus depreciation for 2014 and extends the increased $8,000 of depreciation on passenger autos. Second, TIPA also expands the definition of section 179 property to include qualified real property for tax years beginning in 2014. Third, TIPA contains several modifications to Section 199, the Domestic Production Activities deduction. Fourth, TIPA provides that "qualified restaurant property" that is not qualified leasehold improvement property is not considered qualified property for purposes of Code Sec. 168(k). Similarly, TIPA also provides that "qualified retail improvement property" that is not qualified leasehold improvement property is not considered qualified property for purposes of Code Sec. 168(k). Lastly, TIPA extends the 15-year general depreciation system recovery period and 39-year alternative depreciation system recovery in effect for qualified retail improvement property. 812 JOURNAL OF THE SENATE TIPA also increases the maximum allowable deduction for section 179 property to $500,000 and increases the phase-out threshold to $2,000,000 to apply to tax years beginning in CY2014. Unlike HB 292 LC 34 4462, the legislation for the substitute bill, LC 34 4569S, adopts the section 179 provision at the federal level. Therefore, the revenue estimate accompanying this fiscal note does not include a special modified level of the section 179 depreciation provision. If this language is adopted, the section 179 deduction for Georgia income tax purposes would equal the deduction allowed against federal taxable income. The revenue effect of adopting the federal provisions is shown in Table 1. The revenue effect of adopting all federal provisions is shown in Table 1. In addition, the costs associated with each of the federal provisions not included in the state legislation are shown, as is the estimate for the special Section 179 provision for Georgia taxpayers. The value of the exclusions are subtracted from the cost of adopting all provisions and the value of the special Section 179 provision is added to the total to determine the combined net effect of the provisions included in LC 34 4462. Table 1: Revenue Estimate for LC 34 4569S Federal Conformity Bill State Fiscal Years/$ in Millions Accepted Federal Provisions 1. Achieving a Better Life Act 2. Tax Increase Prevention Act 3. 2014 Tribal Welfare Exclusion Act 4. Philippines Charitable Giving Assistance Act 5. 2015 Appropriations Act 6. 2014 Airline Bankruptcy Payments Rollover Act 7. Cooperative and Small Employer Charity Pension Flexibility Act 2015 0 -64 0 0 0 0 0 2016 0 -27 0 0 -1 0 0 2017 0 9 0 0 -1 0 0 2018 0 8 0 0 -1 0 0 2019 -1 5 0 0 -2 0 0 8.Highway and Transportation Act of 2014 3 11 19 22 20 Total All Accepted Provisions -62 -17 26 29 24 *Totals may not add due to rounding. Total 20152019 -1 -69 0 0 -5 0 0 75 0 Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget WEDNESDAY, MARCH 4, 2015 813 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 292, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd moved that HB 292 be immediately transmitted to the House. On the motion, there was no objection, and HB 292 was immediately transmitted. The following communication was received by the Secretary: March 4, 2015 In an attempt to return to my desk from introducing HB 292 in the well, I missed the vote on HB 292. Had I been present, I would have voted yes. /s/ Judson H. Hill District 32 814 JOURNAL OF THE SENATE SB 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A.d, relating to general hunting provisions, so as to prohibit the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; 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 Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper Y Heath Y 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 Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 5. SB 112, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 4, 2015 815 Senator Kirk of the 13th was excused for business outside the Senate Chamber. SB 114. By Senators Hufstetler of the 52nd and Kirk of the 13th: 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 number of advanced practice registered nurses a delegating physician can enter into a protocol agreement with at any one time; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy E Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. SB 114, having received the requisite constitutional majority, was passed. Senator Jackson of the 24th was excused for business outside the Senate Chamber. 816 JOURNAL OF THE SENATE SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Hill, Jack Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy E Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 3. SB 119, having received the requisite constitutional majority, was passed. SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, WEDNESDAY, MARCH 4, 2015 817 so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy E Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 0. SB 135, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, March 5, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:18 p.m. 818 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 5, 2015 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 275. By Representatives Strickland of the 111th, Ramsey of the 72nd, Harrell of the 106th, Knight of the 130th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection relative to income taxes, so as to revise the definition of the term "claimant agency"; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 276. By Representatives Harrell of the 106th, Maxwell of the 17th, Powell of the 32nd and Martin of the 49th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references; to amend Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, so as to make a crossreference consistent; to amend Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, so as to make a cross-reference consistent; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 5, 2015 819 HB 312. HB 339. HB 348. HB 412. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st: A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, so as to remove certain bonding requirements pertaining to manufacturers and importers of tobacco products; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th: A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. 820 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others: A RESOLUTION creating the Joint Georgia-Alabama Study Committee; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 405. By Senator Dugan of the 30th: A RESOLUTION recognizing Lisa McDonald as 2015 Charter School Leader of the Year; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 202. By Senators Harbin of the 16th, Ligon, Jr. of the 3rd, Millar of the 40th, Albers of the 56th, Shafer of the 48th 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 in elementary and secondary education, so as to require students to complete a course in America's founding philosophy and founding principles; to provide for legislative findings; to provide for a short title; to provide for curriculum content and teacher training; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 203. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and THURSDAY, MARCH 5, 2015 821 expenditure of appropriations and donations; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Veterans, Military and Homeland Security. SB 204. By Senators Jones of the 25th, Martin of the 9th, Stone of the 23rd, Mullis of the 53rd and Jeffares of the 17th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 205. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to municipal courts, so as to make municipal courts a court of record; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 206. By Senator Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to revise provisions relating to water liens; to provide for procedures for water liens, amended water liens, and cancellation of water liens and the forms therefor; to provide for bonds; to provide for contest of liens; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 207. By Senator McKoon of the 29th: 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 enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 822 JOURNAL OF THE SENATE SR 441. By Senator James of the 35th: A RESOLUTION recognizing Ms. Gladys Maria Knight and dedicating a road in her honor; and for other purposes. Referred to the Committee on Transportation. The following House legislation was read the first time and referred to committee: HB 275. By Representatives Strickland of the 111th, Ramsey of the 72nd, Harrell of the 106th, Knight of the 130th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection relative to income taxes, so as to revise the definition of the term "claimant agency"; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 276. By Representatives Harrell of the 106th, Maxwell of the 17th, Powell of the 32nd and Martin of the 49th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references; to amend Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, so as to make a cross-reference consistent; to amend Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, so as to make a cross-reference consistent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 312. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st: A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, so as to remove certain THURSDAY, MARCH 5, 2015 823 bonding requirements pertaining to manufacturers and importers of tobacco products; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 339. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 348. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th: A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 412. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. 824 JOURNAL OF THE SENATE HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others: A RESOLUTION creating the Joint Georgia-Alabama Study Committee; and for other purposes. Referred to the Committee on Interstate Cooperation. 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 March 5, 2015 VIA HAND DELIVERY The Honorable Casey Cagle Lieutenant Governor of Georgia 240 State Capitol Atlanta, Georgia 30334 Dear Governor Cagle: Attached is the list of appointments to various boards, commission, authorities, and other entities requiring Senate confirmation. The 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. Thanks for your assistance. Sincerely yours, /s/ Nathan Deal Governor of Georgia The Honorable Gerald Prchal of Dougherty County, as a member of the State Board of Optometry, for the term of office beginning 9/3/2013, and ending 9/6/2016. THURSDAY, MARCH 5, 2015 825 The Honorable Ben Bentkowski of Gwinnett County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning 11/24/2012, and ending 11/24/2017. The Honorable Jonathan Pannell of Chatham County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2014, and ending 3/15/2020. The Honorable Ronald Wallace of Floyd County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2013, and ending 7/1/2017. The Honorable Henry Kelly of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2011, and ending 7/1/2014. The Honorable W.T. Edmondson of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning 2/13/2013, and ending 2/13/2019. The Honorable Jesse Crews of Charlton County, as a member of the State Board of Physical Therapy, for the term of office beginning 6/30/2013, and ending 6/30/2016. The Honorable Martha Carr of Gwinnett County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning 11/29/2010, and ending 11/29/2015. The Honorable Sachin Shailendra of Clayton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2014, and ending 1/1/2021. The Honorable Rossie Ross of Stewart County, as a member of the Georgia Auctioneers Commission, for the term of office beginning 8/14/2014, and ending 8/14/2019. The Honorable L. Russell Pennington of DeKalb County, as a member of the State Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2013, and ending 6/1/2018. The Honorable Antwan Treadway of Douglas County, as a member of the Georgia Board of Dentistry, for the term of office beginning 3/15/2014, and ending 3/15/2019. The Honorable W. Paul Bowers 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. 826 JOURNAL OF THE SENATE The Honorable Brian Burdette of Greene County, as a member of the State Board of Education, for the term of office beginning 1/1/2014, and ending 1/1/2021. The Honorable James Rogers of Hall County, as a member of the State Personnel Board, for the term of office beginning 1/3/2014, and ending 1/3/2019. The Honorable W. Craig 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 Jeffrey Grossman of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2013, and ending 7/1/2017. The Honorable Elizabeth Hardin of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Wanda Goodson of Dawson County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Ashley Addison of Fulton County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable L. Thomas Lord of Oconee County, as a member of the State Board of Funeral Service, for the term of office beginning 2/13/2014, and ending 2/13/2020. The Honorable Sonja Allen of DeKalb 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 Gregory Goggans of Coffee County, as a member of the Georgia Board of Dentistry, for the term of office beginning 3/15/2014, and ending 3/15/2019. The Honorable Katherine Mann of Fannin County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2013, and ending 9/23/2016. The Honorable Ashley Barnett of Wilkes County, as a member of the Georgia Board of Nursing, for the term of office beginning 12/31/2013, and ending 12/31/2016. The Honorable Belinda Zanders of DeKalb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2014, and ending 5/1/2017. The Honorable Dana Love of DeKalb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2014, and ending 5/1/2017. THURSDAY, MARCH 5, 2015 827 The Honorable T. Kay Kendrick of McDuffie County, as a member of the State Board of Cosmetology, for the term of office beginning 8/9/2013, and ending 8/9/2016. The Honorable Donna Huffstutler of DeKalb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2015, and ending 12/29/2015. The Honorable H. Scott Kroell, Jr. of Liberty County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2015, and ending 12/29/2015. The Honorable Michael Collins of Butts County, as a member of the Board of Corrections, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable Andrea S Shelton of Fulton 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 Henry Roberts of Gwinnett County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The Honorable Neil Wyche of Bibb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2014, and ending 6/1/2019. The Honorable Tommy Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable Rene Diaz 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 Pendleton Hodge of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable Thomas Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable H.M. Osteen, Jr. of Richmond County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable Sandra Heath Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2014, and ending 7/6/2019. 828 JOURNAL OF THE SENATE The Honorable Dellarie Shilling of Bulloch County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Kellie Lockwood of Coffee County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Margot Hedenstrom of Fayette County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Rhonda Scott of Fulton County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Fredettena Fletcher of Lamar County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Amy Hooper of Walton County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Andrea Phipps of Whitfield County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Ronald Heckman of Gwinnett County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning 7/1/2013, and ending 7/1/2018. The Honorable Spurgeon Ambrose of Dooly County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/1/2014, and ending 7/6/2019. The Honorable James Barrett of Catoosa County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Henry Kelly of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Christy McGill of Gwinnett County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Milton Raven of Sumter County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable R. Lee Todd IV of Meriwether County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. THURSDAY, MARCH 5, 2015 829 The Honorable Corinna Magelund of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. The Honorable Shelley Clark Nickel of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Norma Nunez-Cortes of Appling County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Holly Kirbo of Colquitt County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Ryan Worsley of Oconee County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Trey Childress of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Thomas Godfrey of Fulton County, as a member of the Georgia Board of Dentistry, for the term of office beginning 8/1/2014, and ending 8/1/2019. The Honorable Martha Nesbitt of Hall County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. 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 7/1/2014, and ending 7/1/2017. The Honorable Kenneth Holton of Lowndes County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Kimberly Carrol-Hawkins of Cobb County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2014, and ending 7/1/2017. 830 JOURNAL OF THE SENATE The Honorable Phillip Williams of Oconee County, as a member of the Board of Public Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Kathryn Cheek of Muscogee County, as a member of the Board of Public Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Keisha Callins of Dougherty County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable William Sightler of Putnam County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable John Antalis of Whitfield County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable Krishna Mohan of Clayton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable Alexander Gross of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable David Smith of Rabun County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable J. Clay Cox of Gwinnett County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Norman Boyd of Fulton County, as a member of the Board of Community Health, for the term of office beginning 7/1/2013, and ending 7/1/2016. The Honorable Michael Kleinpeter of Chatham County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Arthur Vaughn of Cobb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Alexander Whitaker IV of Floyd County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. THURSDAY, MARCH 5, 2015 831 The Honorable Debra Sue Wade of Rockdale County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Toby Hinton of Gwinnett County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Karen Gilbert of Henry County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2105. The Honorable Victoria Agyekum of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Roger Folsom of Laurens County, as a member of the Board of Community Health, for the term of office beginning 7/1/2013, and ending 7/1/2016. The Honorable Russ Childers of Sumter County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Brenda Rowe of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2014, and ending 9/23/2017. The Honorable Nancy Barton of Hall County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2014, and ending 9/23/2017. The Honorable Susan Whittle of Decatur County, as a member of the State Board of Certification of Librarians, for the term of office beginning 1/1/2014, and ending 1/1/2019. The Honorable Linda Most of Lowndes County, as a member of the State Board of Certification of Librarians, for the term of office beginning 12/31/2010, and ending 12/31/2015. The Honorable Anthony Biello of Cobb County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2013, and ending 7/1/2016. The Honorable Michael Flisser of Cobb County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2014, and ending 7/1/2017. 832 JOURNAL OF THE SENATE The Honorable Vernon Keenan of Cherokee County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable John Villines of White County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2013, and ending 7/1/2016. The Honorable Jeff Marshall of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Jennifer Herring of Hall County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The Honorable Carol Burgess of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The Honorable Simeon Deal of Paulding County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The Honorable Vicki Arnold of Hall County, as a member of the Board of Pharmacy, for the term of office beginning 11/1/2014, and ending 11/1/2019. The Honorable Jeanmarie Holmes of Habersham County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning 7/1/2014, and ending 7/1/2019. The Honorable Martha Venn of Bibb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The Honorable Linda McWhorter of Carroll County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 1/1/2015, and ending 1/1/2021. The Honorable John Coleman of DeKalb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2013, and ending 3/15/2019. The Honorable Roy Kilpatrick of Bullock County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 1/1/2015, and ending 1/1/2021. THURSDAY, MARCH 5, 2015 833 The Honorable Kessel Stelling of Cobb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2015, and ending 1/1/2022. 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 1/1/2015, and ending 1/1/2022. The Honorable William Henry, Sr. of Dougherty County, as a member of the State Board of Education, for the term of office beginning 1/1/2009, and ending 1/1/2016. The Honorable Clint Hobbs of Towns County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable James Allen of Columbia County, as a member of the State Board of Education, for the term of office beginning 1/1/2014, and ending 1/1/2021. The Honorable Brian Rickman of Rabun County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2014, and ending 1/20/2018. The Honorable Jennifer Conway of Gwinnett County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning 7/1/2014, and ending 7/1/2018. The Honorable Jose Perez of Gwinnett County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2013, and ending 3/15/2019. The Honorable Beth Shiroishi of DeKalb County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2013, and ending 7/1/2018. The Honorable Randall Hatcher of Columbia 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 Ben Marion of Colquitt County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The Honorable Steve Livingston of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. 834 JOURNAL OF THE SENATE The Honorable Kathryn Klock-Powell of Effingham County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The Honorable Larry Spillers of Crawford County, as a member of the Georgia Forestry Commission, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Earl Smith of Greene County, as a member of the Georgia Forestry Commission, for the term of office beginning 1/1/2015, and ending 1/1/2022. The Honorable Julian Deal of Bulloch County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2014, and ending 6/30/2018. The Honorable Linda Campbell of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 1/7/2015, and ending 1/7/2020. The Honorable Carolyn Hill of Glynn County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The Honorable Diane Patterson of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2013, and ending 6/4/2017. The Honorable Barbara Mitchell of Sumter County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2013, and ending 6/4/2017. The Honorable Terrell Cook, Jr. of Telfair County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2012, and ending 6/4/2016. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The Honorable Dare Domico of Gwinnett County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The Honorable John Mixon of Pike County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. THURSDAY, MARCH 5, 2015 835 The Honorable Leonard Kinsley of Houston County, as a member of the State Board of Registration for Foresters, for the term of office beginning 5/8/2014, and ending 5/8/2019. The Honorable James Johnson of Walton County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The Honorable Dotty Porter of Pierce County, as a member of the State Board of Registration for Foresters, for the term of office beginning 8/20/2014, and ending 8/20/2019. The Honorable Brian Stone of Bibb County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The Honorable Babe McGowan of Dooly County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The Honorable Phil Gingrey of Cobb County, as a member of the Georgia Regents Health System Board of Directors, for the term of office beginning 7/1/2014, and ending 7/1/2016. The Honorable Adam Hatcher of Richmond 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 Baoky Vu of DeKalb 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 President referred the appointment list to the Committee on Assignments. The President recognized and honored former Senator Mike Egan. The following committee reports were read by the Secretary: Mr. President: The Committee on Agriculture and Consumer Affairs has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 836 JOURNAL OF THE SENATE SB 148 SB 183 SB 184 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Wilkinson of the 50th District, Chairman Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 91 SB 161 SB 187 Do Pass Do Pass by substitute Do Pass by substitute SB 116 SB 176 SR 80 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman Mr. President: The Committee on Finance 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 SR 350 Do Pass Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 35 SB 99 SB 159 Do Pass by substitute Do Pass by substitute Do Pass by substitute SB 77 SB 154 SB 195 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Stone of the 23rd District, Chairman THURSDAY, MARCH 5, 2015 837 Mr. President: The Committee on Public Safety 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 SB 160 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Harper of the 7th District, Chairman Mr. President: The Committee on Regulated Industries and Utilities has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 91 SB 142 SR 135 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 478 Do Pass HB 493 Do Pass HB 489 Do Pass HB 495 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 838 JOURNAL OF THE SENATE HB 73 HB 95 SB 186 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State Institutions and Property has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 266 SR 267 Do Pass Do Pass by substitute Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: SB 109 SR 360 SB 115 SR 388 SB 168 SB 179 SR 113 SR 114 Senator Orrock of the 36th asked unanimous consent that Senator Parent of the 42nd be excused. The consent was granted, and Senator Parent 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 Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Mullis Orrock Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson THURSDAY, MARCH 5, 2015 839 Gooch Harbin Harper Heath Henson Hill, H Ligon Lucas Martin McKoon Miller Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Harbison (Excused) Thompson, C. Millar Parent (Excused) Senator Millar of the 40th was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Butler of the 55th introduced the chaplain of the day, Pastor Elijah Collins, Jr. of Snellville, Georgia, who offered scripture reading and prayer. Senator Hill of the 4th introduced the doctor of the day, Dr. Michelle R. Zeanah. Senator Beach of the 21st recognized Mr. David Andrews, commended by SR 261, adopted previously. Mr. David Andrews addressed the Senate briefly. Senator Jones of the 10th honored the life and memory of Herman Jerome "HJ" Russell, Sr., commended by SR 408, adopted previously. Michael Russell addressed the Senate briefly. Senator James of the 35th recognized the many women's groups and organizations in Georgia and the International Women's Think Tank for their commitment to improving the status of women and girls, commended by SR 5, adopted previously. President Brenda Morant and Glenda Stinson addressed the Senate briefly. The following resolutions were read and adopted: SR 419. By Senators Tolleson of the 20th and Mullis of the 53rd: A RESOLUTION recognizing and commending the Consulate General of Canada in Atlanta, members of the Legislative Assembly from the Province of 840 JOURNAL OF THE SENATE Saskatchewan, SaskPower, the Petroleum Technology Research Centre, and the Southern States Energy Board; and for other purposes. SR 420. By Senators Rhett of the 33rd, James of the 35th, Hill of the 32nd, Thompson of the 14th, Hill of the 6th and others: A RESOLUTION recognizing and commending Turner Chapel African Methodist Episcopal Church on the occasion of its 150th anniversary; and for other purposes. SR 421. By Senators Watson of the 1st and Jackson of the 2nd: A RESOLUTION commending Bethesda Academy, congratulating it on its 275th anniversary, and recognizing May 15, 2015, as Bethesda Academy Day in Savannah, Georgia; and for other purposes. SR 422. By Senators Mullis of the 53rd, Hufstetler of the 52nd, Stone of the 23rd and McKoon of the 29th: A RESOLUTION commending the Honorable F. Bryant Henry, Jr., for his many years of dedicated service to the State of Georgia and the Lookout Mountain Judicial Circuit and congratulating him upon the grand occasion of his retirement; and for other purposes. SR 423. By Senators Wilkinson of the 50th, Harper of the 7th, Black of the 8th, Burke of the 11th and Kirk of the 13th: A RESOLUTION commending the Georgia peanut industry and recognizing March 3, 2015, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 424. By Senators Wilkinson of the 50th, Ginn of the 47th, Miller of the 49th and Mullis of the 53rd: A RESOLUTION commending Franklin County Middle School Technology Student Association; and for other purposes. SR 425. By Senator Hill of the 32nd: A RESOLUTION commending David Morgan, Kell High School's 2015 STAR Teacher; and for other purposes. THURSDAY, MARCH 5, 2015 841 SR 426. By Senator Hill of the 32nd: A RESOLUTION commending Benton Sample, Kell High School's 2015 STAR Student; and for other purposes. SR 427. By Senator Hill of the 32nd: A RESOLUTION commending Lana Scott, Kell High School's 2015 STAR Student; and for other purposes. SR 428. By Senator Hill of the 32nd: A RESOLUTION commending Todd Henry, Lassiter High School's 2015 STAR Teacher; and for other purposes SR 429. By Senator Hill of the 32nd: A RESOLUTION commending Courtney Werner, Lassiter High School's 2015 STAR Student; and for other purposes. SR 430. By Senator Hill of the 32nd: A RESOLUTION commending Brendan Widness, Pope High School's 2015 STAR Teacher; and for other purposes. SR 431. By Senator Hill of the 32nd: A RESOLUTION commending Miles Rajchel, Pope High School's 2015 STAR Student; and for other purposes. SR 432. By Senator Hill of the 32nd: A RESOLUTION commending Phyllis Tschudi-Rose, Sprayberry High School's 2015 STAR Teacher; and for other purposes. SR 433. By Senator Hill of the 32nd: A RESOLUTION commending Carter Sutherland, Sprayberry High School's 2015 STAR Student; and for other purposes. SR 434. By Senator Hill of the 32nd: A RESOLUTION commending Jennifer Phillips, Walton High School's 2015 STAR Teacher; and for other purposes. 842 JOURNAL OF THE SENATE SR 435. By Senator Hill of the 32nd: A RESOLUTION commending Haroon Alam, Walton High School's 2015 STAR Student; and for other purposes. SR 436. By Senator Hill of the 32nd: A RESOLUTION commending Amanda Edwards, Walton High School's 2015 STAR Teacher; and for other purposes. SR 437. By Senator Hill of the 32nd: A RESOLUTION commending Sanket Mehta, Walton High School's 2015 STAR Student; and for other purposes. SR 438. By Senator Hill of the 32nd: A RESOLUTION commending Scott Stephens, Kell High School's 2015 STAR Teacher; and for other purposes. SR 439. By Senators Hill of the 4th, Harper of the 7th, Albers of the 56th, Dugan of the 30th, Jones II of the 22nd and others: A RESOLUTION recognizing and commending Officer John K. Wilson; and for other purposes. SR 440. By Senators Hill of the 4th, Harper of the 7th, Albers of the 56th, Dugan of the 30th, Jones II of the 22nd and others: A RESOLUTION recognizing and commending J. Dale Mann; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday March 5, 2015 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 478 HB 489 HB 493 HB 495 THURSDAY, MARCH 5, 2015 843 Hill of the 4th CANDLER COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Albers of the 56th Beach of the 21st Thompson of the 14th STATE COURT OF CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd CITY OF BRUNSWICK "REDEVELOPMENT POWERS LAW" A BILL to be entitled an Act to authorize the City of Brunswick 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. Harbin of the 16th CITY OF PEACHTREE CITY "REDEVELOPMENT POWERS LAW" A BILL to be entitled an Act to authorize the City of Peachtree City 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 844 JOURNAL OF THE SENATE amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 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 McKoon of the 29th moved to engross SB 129, which was on today's Senate Rules Calendar. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Orrock N Parent N Ramsey N Rhett THURSDAY, MARCH 5, 2015 845 Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin E Harbison Y Harper Y Heath N Henson Y Hill, H N Jackson, L N James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 38, nays 17; the motion prevailed, and SB 129 was engrossed. SENATE RULES CALENDAR THURSDAY, MARCH 5, 2015 TWENTY-SEVENTH LEGISLATIVE DAY SR 287 Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools (Substitute) (ED&Y-49th) SB 133 Opportunity School District; establishment; provide for definitions; supervision of public elementary and secondary schools that are failing (Substitute)(ED&Y-49th) SB 129 "Georgia Religious Freedom Restoration Act"; provide for the preservation of religious freedom (Substitute)(JUDY-29th) SB 103 Sales of Alcoholic Beverages on Sunday; allow for local authorization; consumption on the premises on Sundays during St. Patrick's Day holiday period (I COOP-2nd) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee 846 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate Committee on Education and Youth offered the following substitute to SR 287: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section V of the Constitution is amended by adding a new Paragraph to read as follows: "Paragraph VIII. Opportunity School District. Notwithstanding the provisions of Paragraph II of this section, the General Assembly may provide by general law for the creation of an Opportunity School District and authorize the state to assume the supervision, management, and operation of public elementary and secondary schools which have been determined to be failing through any governance model allowed by law. Such authorization shall include the power to receive, control, and expend state, federal, and local funds appropriated for schools under the current or prior supervision, management, or operation of the Opportunity School District, all in the manner provided by and in accordance with general law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to allow the state to ( ) NO intervene in chronically failing public schools in order to improve student performance?" THURSDAY, MARCH 5, 2015 847 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. Pursuant to Senate Rule 2-1.6(b), Senators Fort of the 39th, James of the 35th and Tate of the 38th filed a Minority Report on Senate Resolution 287. Senator Henson of the 41st offered the following substitute to SR 287: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section V of the Constitution is amended by adding a new Paragraph to read as follows: "Paragraph VIII. Opportunity School District. Notwithstanding the provisions of Paragraph II of this section, the General Assembly may provide by general law for the creation of an Opportunity School District and authorize the state to assume the supervision, management, and operation of public elementary and secondary schools which have been determined to be failing through any governance model allowed by law. Such authorization shall include the power to receive, control, and expend state, federal, and local funds appropriated, all in the manner provided by and in accordance with general law. The Opportunity School District shall be limited to no more than 5 percent of the total number of public elementary and secondary schools in this state under its supervision at any one time and the addition of no more than 1 percent of the total number of public elementary and secondary schools in this state under its supervision in any school year. A public elementary or secondary school supervised, managed, or operated by the Opportunity School District pursuant to this Paragraph shall not be supervised, managed, or operated pursuant to a contract with a private for profit entity. The General Assembly shall provide for an administrative and judicial appeal process for public elementary and secondary schools that are deemed to be failing to contest such determination." 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 848 JOURNAL OF THE SENATE the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to allow the state to ( ) NO intervene in chronically failing public schools in order to improve student performance?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senators Jackson of the 2nd, Jones of the 22nd, Rhett of the 33rd, Davenport of the 44th and Fort of the 39th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SR 287 (LC 33 6080ECS) by inserting between the period and the quotation mark at the end of line 17 the following: The Opportunity School District shall be limited to no more than 5 percent of the total number of public elementary and secondary schools in this state under its supervision at any one time and the addition of no more than 1 percent of the total number of public elementary and secondary schools in this state under its supervision in any school year. On the adoption of the amendment, the yeas were 10, nays 32, and the Jackson of the 2nd, et al. amendment #1 to the committee substitute was lost. Senators Fort of the 39th, Henson of the 41st and Tate of the 38th offered the following amendment #2: Amend the Senate Education and Youth Committee substitute to SR 287 (LC 33 6080ECS) by inserting between the period and the quotation mark at the end of line 17 the following: For purposes of this paragraph, a public elementary or secondary school shall be deemed to be failing if the annual state accountability rating for the school has declined two times over the past three years. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L James Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer THURSDAY, MARCH 5, 2015 849 N Cowsert Crane Y Davenport N Dugan Y Fort N Ginn N Gooch Harbin E Harbison N Harper N Heath Y Henson N Hill, H N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 36, and the Fort, et al. amendment #2 to the committee substitute was lost. Senators Davenport of the 44th, Tate of the 38th, Orrock of the 36th, Jones of the 22nd, Rhett of the 33rd and Butler of the 55th offered the following amendment #3: Amend the Senate Education and Youth Committee substitute to SR 287 (LC 33 6080ECS) by inserting between the period and the quotation mark at the end of line 17 the following: The General Assembly shall provide for an administrative and judicial appeal process for public elementary and secondary schools that are deemed to be failing to contest such determination. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Thompson, C N Tippins N Tolleson 850 JOURNAL OF THE SENATE Harbin E Harbison N Harper N Heath Y Henson N Hill, H Y Lucas N Martin N McKoon N Millar N Miller N Mullis N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 14, nays 36, and the Davenport, et al. amendment #3 to the committee substitute was lost. Senator Parent of the 42nd offered the following amendment #4: Amend the Senate Education and Youth Committee substitute to SR 287 (LC 33 6080ECS) by inserting between the period and the quotation mark at the end of line 17 the following: A public elementary or secondary school supervised, managed, or operated by the Opportunity School District pursuant to this paragraph shall not be supervised or managed, pursuant to a contract with a private full-service for profit entity. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert Crane Y Davenport N Dugan Y Fort N Ginn N Gooch Harbin E Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 14, nays 36, and the Parent amendment #4 to the committee substitute was lost. THURSDAY, MARCH 5, 2015 851 Senators Seay of the 34th, Tate of the 38th, Henson of the 41st and Orrock of the 36th offered the following amendment #5: Amend the Senate Education and Youth Committee substitute to SR 287 (LC 33 6080ECS) by striking lines 15 through 17 and inserting in lieu thereof the following: local funds appropriated, all in the manner provided by and in accordance with general law." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert Crane Y Davenport N Dugan Y Fort N Ginn N Gooch Harbin E Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 15, nays 36, and the Seay, et al. amendment #5 to the committee substitute was lost. On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer 852 JOURNAL OF THE SENATE Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin E Harbison Y Harper Y Heath N Henson Y Hill, H Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the substitute, the yeas were 38, nays 16, and the committee substitute was adopted. Due to the adoption of the committee substitute, the Henson substitute to SR 287 was moot. 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock N Parent N Ramsey N Rhett N Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T THURSDAY, MARCH 5, 2015 853 On the adoption of the resolution, the yeas were 38, nays 15. SR 287, having received the requisite constitutional majority, was adopted by substitute. SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. The Senate Committee on Education and Youth offered the following substitute to SB 133: A BILL TO BE ENTITLED AN ACT To amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for definitions; to authorize the Opportunity School District to assume the supervision of public elementary and secondary schools that are failing; to provide for a superintendent for the district; to provide criteria; to provide for rating of schools; to provide for intervention models; to provide for opportunity schools seeking state charter school status; to provide for successful opportunity schools to exit state supervision; to provide for funding; to provide for applicability; to repeal a provision relating to appropriate levels of intervention for failing schools; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, is amended by adding a new article to read as follows: "ARTICLE 3 20-14-100. As used in this article, the term: 854 JOURNAL OF THE SENATE (1) 'Office' means the Office of Student Achievement. (2) 'Opportunity school' means a public elementary or secondary school under the supervision of the Opportunity School District. (3) 'Opportunity School District' or 'OSD' means the state-wide district established pursuant to this article. (4) 'OSD charter school' means an opportunity school authorized by the State Charter Schools Commission pursuant to Article 31A of Chapter 2 of this title. (5) 'OSD Superintendent' means the superintendent of the Opportunity School District appointed by the Governor pursuant to Code Section 20-14-102. (6) 'Qualifying school' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for a minimum of three consecutive years. (7) 'School on probation' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for two consecutive years. (8) 'School on warning' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for one year. 20-14-101. (a) The Opportunity School District is hereby created pursuant to the authority granted in Article VIII, Section V, Paragraph VIII of the Georgia Constitution. The Opportunity School District shall be authorized to assume the supervision, management, and operation of public elementary and secondary schools which have been determined to be failing pursuant to this article. (b) The Opportunity School District shall be established within the Office of Student Achievement. 20-14-102. (a) The Governor shall appoint a superintendent, to be confirmed by the Senate, to serve as the executive officer of the Opportunity School District. The OSD Superintendent shall serve at the pleasure of the Governor and shall have such qualifications as set forth in subsection (b) of Code Section 20-2-101 and salary as determined by the Governor. The OSD Superintendent shall be an employee of the office but shall report directly to the Governor. (b) The OSD Superintendent shall develop guidelines and procedures for the operation of the OSD. The OSD Superintendent shall annually provide a report to the General Assembly on the selection, intervention chosen, and progress of the opportunity schools. 20-14-103. (a) The Opportunity School District shall be authorized to select up to 20 qualifying schools to add to the OSD in any single school year. The Opportunity School District shall have no more than 100 schools under its supervision at any given time. (b) Selection of up to 20 qualifying schools to add to the OSD in any single school year THURSDAY, MARCH 5, 2015 855 shall be based on an analysis of performance over the three-year period with emphasis on student growth and progress and other considerations, including geographic clusters of qualifying schools, feeder patterns with multiple eligible schools, availability of qualified partners, and community engagement and support. The school selection process shall include a public hearing to allow for parent and community input but the final selection shall be in the sole discretion of the OSD Superintendent in determining which schools are transferred. (c) The OSD Superintendent shall have the sole discretion in determining the timing and sequencing of transferring qualifying schools to the OSD, which may take into consideration the capacity of the OSD in successfully overseeing each school. Prior to transferring any qualifying school to the OSD, the OSD Superintendent shall conduct an evaluation of the school to determine the factors contributing to the school's performance and shall conference with the school principal, local board of education members, and the local school superintendent to share the findings of the evaluation and discuss options for remediation in a joint effort between the OSD and the local school system. The OSD Superintendent shall evaluate and identify the qualifying schools selected for intervention no later than April 1 prior to the initial school year in which the OSD intervention model will be implemented. The specific intervention model in subsection (a) of Code Section 20-14-105 most appropriate for each school shall be identified by the OSD Superintendent no later than July 1 of the effective school year. (d) The OSD Superintendent is authorized to waive specifically identified State Board of Education rules, regulations, policies, and procedures, or provisions of Chapter 2 of this title for opportunity schools. The goal for each waiver shall be improvement of student performance. The OSD Superintendent is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or this chapter; the requirements of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; state accountability requirements, including but not limited to teacher and leader evaluation pursuant to Code Section 20-2-210; or the requirements in subsection (c) of Code Section 20-2-327. A school that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of this chapter, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner with the same attendance zone as before the waiver request. (e) In the event that a qualifying school selected to be an opportunity school pursuant to this article is an existing charter school or is currently subject to any school level requirements included in a charter system contract or a contract executed pursuant to Article 4 of Chapter 2 of this title, the authority of the OSD shall supersede any such charter or contract with respect to the qualifying school and the State Board of 856 JOURNAL OF THE SENATE Education and affected local board of education shall take all necessary steps to modify or cancel any such charter or contract with respect to the qualifying school to effectuate this. 20-14-104. The office shall annually, for purposes of this article, determine a rating of A, B, C, D, or F for each public elementary and secondary school in this state based on student achievement, achievement gap closure, and student growth. Such ratings shall be based on the state accountability system approved by the State Board of Education. 20-14-105. (a) An opportunity school may be subject to any of the following intervention models, as determined by the OSD Superintendent: (1) Direct management of the opportunity school by the OSD; (2) Shared governance of the opportunity school by the OSD and the local board of education pursuant to a contract in which the local board of education operates the school and the OSD Superintendent has the authority to direct changes to be made at the school; (3) Reconstitution of the school as an OSD charter school in which the OSD works in collaboration with the State Charter Schools Commission to build capacity of petitioning governing boards and charter school applications to establish a charter that will be approved by the State Charter Schools Commission; or (4) Closure of an opportunity school which is not enrolled at full capacity and reassigning the students to a nonqualifying school within the local school system. School closure shall be the intervention of last resort. (b) The OSD Superintendent shall establish and implement a process for gaining community feedback and input to inform his or her decision regarding the most appropriate intervention model for a particular school. (c)(1) For opportunity schools under the intervention models in paragraphs (2) and (3) of subsection (a) of this Code section, the school principal or OSD charter school governing board shall be authorized to make decisions about school finance, human capital, and curriculum and instruction for the opportunity school; provided, however, that the OSD Superintendent may direct school principals to make certain decisions under the intervention model in paragraph (2) of subsection (a) of this Code section. For such schools, the OSD Superintendent and staff shall provide appropriate training and support to develop effective leadership in such areas. (2) For opportunity schools under the intervention model in paragraph (1) of subsection (a) of this Code section, the OSD shall be authorized to have a direct role in making decisions about school finance, human capital, and curriculum and instruction for the opportunity school while developing the leadership capacity in such schools. (3) For opportunity schools under the intervention models in paragraphs (1) and (2) of subsection (a) of this Code section, the existing local school councils may remain THURSDAY, MARCH 5, 2015 857 in place or may be reconstituted under the guidance of the opportunity school principal so long as they still meet the requirements in Code Section 20-2-86 regarding the composition of the council. The school council shall serve as an advisory board for the principal. (4) For opportunity schools under the intervention model in paragraph (3) of subsection (a) of this Code section, parents and advisory board members shall be eligible for consideration to fill specific roles on the governing board. (d) An opportunity school may purchase services from the OSD, the local board of education, or an education service provider for routine student support and operational services for an opportunity school. The local board of education shall be required to cooperate fully with the opportunity school, whether under the control of the OSD or the State Charter Schools Commission, to make available at a reasonable cost all appropriate services requested. Such services may include, but are not limited to, transportation, cafeteria services, custodial services, alternative education, broadband, utilities, special education services, test administration services, and student information services. (e) The OSD Superintendent or OSD charter school governing board shall select and hire the school principal for an opportunity school. Within the limits of the school budget, the school principal shall select staff members in accordance with guidance from the OSD or OSD charter school governing board. Before finalizing staffing recommendations, the principal, the OSD Superintendent, or the OSD charter school governing board shall interview all staff members at the qualifying school and review student growth and performance data for those staff members for whom it is available. The OSD or OSD charter school governing board shall have the authority to decide whether any leader, teacher, or staff member previously assigned to a qualifying school selected to become an opportunity school shall continue as an employee of the opportunity school. Any such employees retained shall become employees of the OSD or OSD charter school governing board, on the principal's recommendation, and be under their control. Any teacher subject to Code Section 20-2-942 who is not given the option to continue as an employee for the opportunity school shall remain an employee of the local board of education. The local board of education may determine whether or not to continue the employment of any teacher who is not given the option to continue as an employee for the opportunity school, subject to Code Section 20-2-942. 20-14-106. (a) For opportunity schools other than OSD charter schools, the OSD Superintendent shall set clear goals, empower and equip teachers and school leaders to meet the goals, and hold such teachers and school leaders accountable to meet the goals. The OSD Superintendent shall approve appropriate waivers for the qualifying school pursuant to subsection (d) of Code Section 20-14-103. (b) For opportunity schools that become OSD charter schools, the State Charter Schools Commission shall set such goals and hold such teachers and school leaders accountable. 858 JOURNAL OF THE SENATE (c) The OSD Superintendent shall select, approve, or remove the school principal for opportunity schools and the governing board members for opportunity schools which become OSD charter schools. (d)(1) Each OSD charter school shall have a governing board that is involved in school-level governance of the school. The governing board shall be organized and operated as a nonprofit corporation under the laws of this state. The OSD charter school shall be a public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity. (2) The members of the governing board for an OSD charter school shall come from the community and shall meet the following qualifications: (A) Must be a United States citizen; (B) Must be a resident of Georgia; and (C) Must not be an employee of the opportunity school. (3) The OSD Superintendent shall make the final selection of governing board members for OSD charter schools and shall ensure that the boards possess the financial, legal, and educational expertise needed to successfully run a school. (e) The OSD Superintendent shall enter into an agreement with the school principal, the OSD charter school governing board, or the local board of education regarding specific goals for each opportunity school related to higher academic outcomes for students, quality careers for graduates, safe and positive learning environments for children, parent and community engagement, and the efficient and effective use of taxpayer dollars. 20-14-107. (a) In an effort to ensure high quality charter petitions for opportunity schools seeking OSD charter school status, the OSD Superintendent shall: (1) Solicit, screen, and select or approve OSD charter school governing board members; and (2) Assist the OSD charter school governing board members in charter petition development and review; provided, however, that such assistance shall conclude upon approval by the State Charter Schools Commission of the opportunity school as an OSD charter school. (b) In an effort to provide opportunity schools seeking OSD charter school status with necessary support, the State Charter Schools Commission shall solicit, screen, and select education service providers, including independent consultants, education management organizations, charter management organizations, and other support organizations, that can partner with the OSD charter school governing boards to support or operate such OSD charter schools. (c) The State Charter Schools Commission shall establish a separate application cycle for opportunity schools seeking OSD charter school status. Such application cycle shall allow commission staff and commission members to evaluate the needs of an opportunity school, match them with an education service provider, and work with both THURSDAY, MARCH 5, 2015 859 parties to ensure the execution of a viable curricular model and educational program. (d) Upon renewing a state charter, an OSD charter school shall no longer be considered a part of the OSD but shall be subject to the terms of its charter and the provisions of Article 31A of Chapter 2 of this title. The local board of education shall be required to continue any and all facility use and service provision agreements previously in place with the OSD regarding any such OSD charter school as long as the OSD charter school continues to operate in that facility. (e) If an opportunity school is not approved or renewed by the State Charter Schools Commission as an OSD charter school, the school shall remain under or return to the supervision of the OSD, and the OSD Superintendent shall reevaluate the school's performance and determine the appropriate intervention pursuant to subsection (a) of Code Section 20-14-105 for the school. If an initial charter petition by an opportunity school to become an OSD charter school is denied by the State Charter Schools Commission, the opportunity school may submit another charter petition in a subsequent cycle. If a renewal charter petition by an opportunity school to continue as an OSD charter school is denied by the State Charter Schools Commission at the end of its initial term, the governing board of the school may not elect to seek approval from the local board of education as a local charter school. 20-14-108. (a) Facilities of qualifying schools that are transferred to the supervision of the OSD as opportunity schools shall come under the control of the OSD. The OSD Superintendent may assign the facility for use by an OSD charter school governing board to operate the opportunity school. The OSD or the OSD charter school governing board shall be responsible for paying the pro-rata bond indebtedness of the school. The contents of the facility, including but not limited to textbooks, technology, media resources, instructional equipment, and all other resources shall remain with the facility and be available for use by the opportunity school. In the event that the OSD Superintendent closes a qualifying school, the local board of education shall not use the facility to open a school with the same grade span or attendance zone for three years. (b) The OSD or OSD charter school governing board shall be responsible for the routine maintenance and repair of the facilities and property, such that they are maintained in the same manner prior to the school's transition to the OSD. The OSD or OSD charter school governing board shall be responsible for reasonable costs for all utilities at an opportunity school as provided in subsection (d) of Code Section 20-14105. (c) The local board of education shall continue to be responsible for extensive repairs, as determined by the State Properties Commission, to buildings or facilities considered capital expenses. Any fixtures, improvements, or tangible assets added to a school building or facility by the OSD while the school is an opportunity school shall remain with the school building or facility upon its return to the control of the local board of education pursuant to Code Section 20-14-109. 860 JOURNAL OF THE SENATE 20-14-109. (a) An opportunity school shall remain under the supervision of the OSD for a minimum of five consecutive years or, for an OSD charter school, for the term of the initial charter for such school; provided, however, that if an opportunity school earns, for three consecutive years, a rating above an F pursuant to Code Section 20-14-104, it shall be removed from the OSD. If an opportunity school that becomes an OSD charter school that subsequently earns a rating above an F for three consecutive years, it shall no longer be subject to the oversight of the OSD but shall remain under the authority of the State Charter Schools Commission and shall operate according to the terms of its charter. (b) An opportunity school shall remain under the supervision of the OSD for no more than ten years. Renewal of a charter for an opportunity school shall result in the exit of the school from the OSD. For other opportunity schools, the OSD Superintendent shall engage the school, the school community, and the school's local board of education in a negotiation to determine the best transition plan for the school to leave the supervision of the OSD. (c) An opportunity school that becomes an OSD charter school shall work with the State Charter Schools Commission to renew and continue an effective charter or, if ineffective as a charter school, shall return to the governance of the OSD. If a successful OSD charter school does not wish to remain under the authorization of the State Charter Schools Commission for a subsequent charter term after demonstrating effective performance, the State Charter Schools Commission and the OSD shall coordinate the development of a transition plan back to the governance of the local board of education, which may include, but is not limited to, approval by the local board of education as a local charter school. 20-14-110. (a) The OSD shall be treated as a single local education agency; provided, however, that opportunity schools that are OSD charter schools shall be treated individually as single local education agencies in accordance with Code Section 20-2-2090. The State Charter Schools Commission shall annually provide an analysis of the performance of opportunity schools that are OSD charter schools. The commission shall work with the OSD Superintendent to determine additional assistance that may be needed to improve the performance of the school. (b) The OSD shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (1) of subsection (a) of Code Section 20-14-105. The local board of education shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (2) of subsection (a) of Code Section 20-14-105. OSD charter schools shall be subject to data reporting in accordance with Code Section 20-2-2090. 20-14-111. (a) Funding for an opportunity school shall be an amount equal to the sum of: (1) QBE formula earnings, QBE grants, and federal grants earned by the school based THURSDAY, MARCH 5, 2015 861 on the school's enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development; (2) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (3) An amount determined by OSD for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the school is located. (b) The OSD may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each opportunity school for use in administering the duties required pursuant to this article; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the OSD in performing the duties required by this article. For opportunity schools that are OSD charter schools, the 3 percent withheld shall be shared equally between the OSD and the State Charter Schools Commission for the initial term of the charter. (c) The total allotment of state and federal funds to the local school system in which an opportunity school is located shall be calculated as otherwise provided in Article 6 of Chapter 2 of this title with an ensuing reduction equivalent to the amount of funds appropriated to the opportunity schools pursuant to paragraph (3) of subsection (a) of this Code section. (d) Opportunity schools that become OSD charter schools and subsequently exit the OSD shall continue to be eligible for the same level of funding provided for in this Code section that they were eligible for while under the authority of the OSD. (e) The General Assembly may appropriate additional funds to be allocated among the opportunity schools within the OSD at the discretion of the OSD Superintendent for necessary and innovative purposes. In addition, private funds may be solicited and accepted by the OSD to support opportunity schools. 20-14-112. The Department of Education shall provide school improvement services and technical assistance to schools on warning, schools on probation, and qualifying schools not selected for intervention by the OSD Superintendent pursuant to this article which may include, but is not limited to, appointing a Department of Education school improvement team to: (1) Conduct a comprehensive on-site evaluation of the school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (2) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student 862 JOURNAL OF THE SENATE achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (3) Assist in the development of an intensive school improvement plan focused on student achievement; and (4) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement. 20-14-113. This article shall be applicable beginning with school year 2017-2018." SECTION 2. Said chapter is further amended by repealing Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, master or management team, school improvement team, annual reports, data revision, and hearings. SECTION 3. Code Section 20-2-84 of the Official Code of Georgia Annotated, relating to the accountability, flexibility, and consequences components of contracts, is amended by revising paragraph (1) of subsection (c) as follows: "(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" SECTION 4. Code Section 20-2-186 of the Official Code of Georgia Annotated, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, is amended by revising subsection (c) as follows: "(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education or the office pursuant to their respective authority." SECTION 5. Code Section 20-2-2068 of the Official Code of Georgia Annotated, relating to termination of a charter for a charter school, is amended by revising subparagraph (a)(2)(A) as follows: THURSDAY, MARCH 5, 2015 863 "(A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41 any intervention prescribed by the state board pursuant to the charter;" SECTION 6. (a) This Act shall become effective on January 1, 2017, only if an amendment to the Constitution is ratified at the November, 2016, general election expressly allowing the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Senate Rule 2-1.6(b), Senators Fort of the 39th and Tate of the 38th filed a Minority Report on Senate Bill 133. Senators Fort of the 39th, Henson of the 41st and Tate of the 38th offered the following amendment #1: Amend the Senate Committee on Education and Youth substitute to SB 133 (LC 33 6086S) by striking lines 156 through 166 and inserting in lieu thereof the following: performance data for those staff members for whom it is available. The OSD or OSD charter school governing board shall have the authority to decide whether any leader, teacher, or staff member previously assigned to a qualifying school selected to become an opportunity school shall continue as an employee of the opportunity school; provided, however, that for a teacher who is subject to Code Section 20-2-942, the OSD or OSD charter school governing board shall only decline to retain such teacher for one or more grounds set out in subsection (a) of Code Section 20-2-940 and such teacher shall be afforded the opportunity for a hearing in the same manner as provided in Code Section 20-2-940. Any employees retained shall become employees of the OSD or OSD charter school governing board, on the principal's recommendation, and be under their control. Any teacher subject to Code Section 20-2-942 who is not retained in accordance with this subsection or declines to continue as an employee for the opportunity school shall remain an employee of the local board of education. The local board of education may determine whether or not to continue the employment of any teacher who is not retained in accordance with this subsection or declines to continue as an employee for the opportunity school, subject to Code Section 20-2-942. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: 864 JOURNAL OF THE SENATE N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin E 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 38, and the Fort, et al. amendment #1 to the committee substitute was lost. Senators Fort 39th, Henson of the 41st, Orrock of the 36th, Tate of the 38th and Rhett of the 33rd offered the following amendment #2: Amend the Senate Education and Youth Committee substitute to SB 133 (LC 33 6086S) by inserting between lines 18 and 19 the following: (0.5) 'Community school plan' means a plan to implement community school programming, including services, activities, and opportunities as included in Code Section 20-14-105.1. By striking lines 106 through 118 and inserting in lieu thereof the following: (a) An opportunity school may be subject to any of the following intervention models, as determined by the OSD Superintendent: (1) Direct management of the opportunity school by the OSD; (2) Shared governance of the opportunity school by the OSD and the local board of education pursuant to a contract in which the local board of education operates the school and the OSD Superintendent has the authority to direct changes to be made at the school; (3) Require the school to develop and implement a community school plan pursuant to Code Section 20-14-105.1; THURSDAY, MARCH 5, 2015 865 (4) Reconstitution of the school as an OSD charter school in which the OSD works in collaboration with the State Charter Schools Commission to build capacity of petitioning governing boards and charter school applications to establish a charter that will be approved by the State Charter Schools Commission; or (5) Closure of an opportunity school which is not enrolled at full capacity and reassigning the students to a nonqualifying school within the local school system. School closure shall be the intervention of last resort. By striking "paragraphs (2) and (3)" on line 122 and inserting in its place "paragraphs (2), (3), and (4)". By striking "paragraphs (1) and (2)" on line 134 and inserting in its place "paragraphs (1), (2), and (3)". By striking "paragraph (3)" on lines 139 and 316 and inserting in its place "paragraph (4)". By inserting after line 166 the following: 20-14-105.1. (a) Community school programming shall provide for a transition to positive discipline practices, more engaging and relevant curriculum, and transformative parent engagement and may include any of the following types of community school programming at a qualifying school: (1) Early childhood: (A) Early childhood education; (B) Programs under the Head Start Act, including Early Head Start programs; and (C) Child care services; (2) Academic: (A) Academic support and enrichment activities, including expanded learning time; (B) Summer or after-school enrichment and learning experiences; (C) Job training, internship opportunities, and career counseling services; (D) Programs that provide assistance to students who have been truant, suspended, or expelled; and (E) Specialized instructional support services; (3) Parental involvement: (A) Programs that promote parental involvement and family literacy, including the Reading First and Early Reading First programs authorized under Part B of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361, et seq.); (B) Parent leadership development activities; and (C) Parenting education activities; (4) Mental and physical health: (A) Mentoring and other youth development programs, including peer mentoring and conflict mediation; 866 JOURNAL OF THE SENATE (B) Juvenile crime prevention and rehabilitation programs; (C) Home visitation services by teachers and other professionals; (D) Developmentally appropriate physical education; (E) Nutrition services; (F) Primary health and dental care; and (G) Mental health counseling services; (5) Community involvement: (A) Service and service-learning opportunities; (B) Adult education, including instruction in English as a second language; and (C) Homeless prevention services; and (6) Other programming designed to meet school and community needs identified through a school leadership team analysis. (b) A community school plan shall include the following: (1) Maintenance of attendance records in all programming components; (2) Maintenance of measurable data showing annual participation and the impact of community school programming on the participating children and adults; (3) Documentation of meaningful and sustained collaboration between the school and community stakeholders, including local governmental units, civic engagement organizations, businesses, social service providers, cultural organizations, institutions of higher education, and health institutions; and (4) Ensuring compliance with a nondiscrimination policy. By striking "paragraph (2)" on line 289 and inserting in its place "paragraphs (2) and (3)". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin E Harbison N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson THURSDAY, MARCH 5, 2015 867 N Harper N Heath Y Henson N Hill, H N McKoon N Millar N Miller N Mullis N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 38, and the Fort, et al. amendment #2 to the committee substitute was lost. Senator Thompson of the 5th offered the following amendment #3: Amend the Senate Education and Youth Committee substitute to SB 133 (LC 33 6086S) by inserting between "support" and the period on line 60 the following: ; provided, however that only qualifying schools in the bottom third of all qualifying schools, when ranked by the previous year's graduation rate or state achievement scores for all qualifying schools, may be selected. The OSD Superintendent shall annually notify the qualifying schools in such bottom third ranking. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin E 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 38, and the Thompson of the 5th amendment #3 to the committee substitute was lost. 868 JOURNAL OF THE SENATE Senators Seay of the 34th, Tate of the 38th, Henson of the 41st and Orrock of the 36th offered the following amendment #4: Amend the Senate Committee on Education and Youth substitute to SB 133 (LC 33 6086S) by striking lines 318 through 320. By replacing "(e)" on line 321 with "(d)". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Fort N Ginn N Gooch N Harbin E 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 14, nays 38, and the Seay, et al. amendment #4 to the committee substitute was lost. Senator Jones of the 10th offered the following amendment #5: Amend the Senate Education and Youth Committee substitute to SB 133 (LC 33 6086S) by striking lines 60 through 63 and inserting in lieu thereof the following: partners, and community engagement and support. A school that is selected pursuant to this subsection for inclusion in the OSD shall not be included until such selection: (1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the qualifying school at a public meeting called with two weeks' advance notice; and (2) Has been freely agreed to, by secret ballot, by a majority of the parents or THURSDAY, MARCH 5, 2015 869 guardians of students enrolled in the qualifying school present at a public meeting called with two weeks' advance notice. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin E 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 15, nays 38, and the Jones of the 10th amendment #5 to the committee substitute was lost. Senator Jones of the 10th offered the following amendment #6: Amend the Senate Education and Youth Committee substitute to SB 133 (LC 33 6086S) by inserting after "schools;" on line 9 the following: to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; By inserting after line 376 the following: SECTION 5A. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section to read as follows: "20-2-741. (a) As used in this Code section, the term: 870 JOURNAL OF THE SENATE (1) 'High needs school' means a public school which has received a school climate rating of '1-star' or '2-star' pursuant to Code Section 20-14-33. (2) 'Positive behavioral interventions and supports' or 'PBIS' means an evidence based data-driven framework to reduce disciplinary incidents, increase a school's sense of safety, and support improved academic outcomes through a multitiered approach, using disciplinary data and principles of behavior analysis to develop school-wide, targeted, and individualized interventions and supports. (3) 'Response to intervention' or 'RTI' means a framework of identifying and addressing the academic and behavioral needs of students through a tiered system. (b) Local boards of education are encouraged to implement PBIS and RTI programs and initiatives in their schools, and particularly in high needs schools. (c) The State Board of Education is authorized, subject to appropriations by the General Assembly, to provide funds to local school systems to support PBIS and RTI programs, initiatives, and personnel. (d) The State Board of Education is authorized to establish rules and regulations for PBIS and RTI programs and initiatives which receive funding pursuant to this Code section." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin E 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 38, and the Jones of the 10th amendment #6 to the committee substitute was lost. THURSDAY, MARCH 5, 2015 871 Senator Crane of the 28th offered the following amendment #7: Amend LC 33 6086S, Committee Sub, SB 133 by: insert after line 118 the following "(5) A parent may request and receive from the department a scholarship for the student currently enrolled in an opportunity school in a manner consistent with scholarships currently available" Renumber accordingly Senator Crane of the 28th offered the following amendment #7a: Amend Amendment 7 to SB 133 by on line 3 replace "Department" with "Opportunity District" On the adoption of amendment #7a, there were no objections, and the Crane amendment #7a to the Crane amendment #7 to the committee substitute was adopted. On the adoption of amendment #7 as amended, the President ordered a roll call, and the vote was as follows: Y Albers N Beach Y Bethel N Black N Burke N Butler N Cowsert Y Crane N Davenport N Dugan N Fort N Ginn N Gooch Y Harbin E Harbison N Harper Y Heath Y Henson Y Hill, H N Hill, Jack Hill, Judson Y Hufstetler N Jackson, B N Jackson, L N James N Jeffares Y Jones, B N Jones, E N Jones, H N Kennedy N Kirk N Ligon N Lucas N Martin Y McKoon N Millar Miller N Mullis N Orrock N Parent N Ramsey N Rhett N Seay N Shafer Sims Y Stone Tate Y Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson Y Williams, M Y Williams, T On the adoption of the amendment, the yeas were 15, nays 36, and the Crane amendment #7 as amended to the committee substitute was lost. 872 JOURNAL OF THE SENATE The following communications were received by the Secretary: From the desk of: The Georgia Senate 421-D State Capitol Atlanta, Georgia 30334 March 5, 2015 Senator Judson Hill I missed the vote on Senate Bill 133 Amendment 7 as I was away from Chambers. If I had been present I would have voted yay in favor of Amendment #7 as amended. /s/ Judson Hill 32 March 5, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 133, Am#7. Had I been present, I would have voted No. /s/ Butch Miller District 49 Senators Butler of the 55th, Tate of the 38th, Henson of the 41st and Fort of the 39th offered the following amendment #8: Amend the Senate Committee on Education and Youth substitute to SB 133 (LC 33 6086S) by striking from lines 242 through 244 the following: In the event that the OSD Superintendent closes a qualifying school, the local board of education shall not use the facility to open a school with the same grade span or attendance zone for three years. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B N Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims N Stone Y Tate N Thompson, B THURSDAY, MARCH 5, 2015 873 Y Fort N Ginn N Gooch N Harbin E Harbison N Harper N Heath Y Henson N Hill, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M Williams, T On the adoption of the amendment, the yeas were 15, nays 38, and the Butler, et al. amendment #8 to the committee substitute was lost. Senator Jones of the 10th offered the following amendment #9: Amend the Senate Education and Youth Committee substitute to SB 133 (LC 33 6086S) by inserting between the period and the quotation mark at the end of line 17 the following: There shall be an Opportunity School District Board of Education which shall consist of eight members, three of whom shall be appointed by the Governor and five of whom shall be elected by the people. Members shall serve for terms of six years and until their successors are appointed or elected and qualified. A chairperson shall be selected by the members of the commission from its membership. The board shall be vested with such jurisdiction, powers, and duties as provided by law. The filling of vacancies and manner and time of election of members of the board shall be as provided by law. Senator Jones of the 10th asked unanimous consent that his amendment be withdrawn. The consent was granted, and amendment #9 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N Orrock N Parent N Ramsey N Rhett N Seay 874 JOURNAL OF THE SENATE N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch N Harbin E Harbison Y Harper Y Heath N Henson Y Hill, H Y James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Shafer Y Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 38, nays 17. SB 133, having received the requisite constitutional majority, was passed by substitute. Senator Millar of the 40th was excused for business outside the Senate Chamber. SB 129. By Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Crane of the 28th, Bethel of the 54th, Harbin of the 16th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for legislative findings; to provide for definitions; to provide for the granting of relief; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Judiciary offered the following substitute to SB 129: 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 provide for the preservation of religious freedom; to provide for legislative findings and purposes; to provide for the granting of relief; to provide for definitions; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 5, 2015 875 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Religious Freedom Restoration Act." SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows: "CHAPTER 15A 50-15A-1. (a) The General Assembly finds and determines that: (1) The framers of the United States Constitution and the people of this state, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution and in Paragraphs III and IV of Section I, Article I of the Constitution of this state, respectively; (2) Laws neutral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) Governments should not substantially burden religious exercise without compelling justification; (4) In Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burden on religious exercise imposed by laws neutral toward religion; (5) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests; (6) In City of Boerne v. Flores, 521 U.S. 507 (1997) the Supreme Court held that the compelling interest test provided for in the federal Religious Freedom Restoration Act must be adopted by a state through legislative act or court decision in order to apply to state or local government action; and (7) Courts have consistently held that government has a fundamental, overriding interest in eradicating discrimination. (b) The purpose of this chapter is to: (1) Restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) Provide a claim or defense to persons whose religious exercise is substantially burdened by government. 50-15A-2. (a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) 876 JOURNAL OF THE SENATE of this Code section. (b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: (1) In furtherance of a compelling governmental interest; and (2) The least restrictive means of achieving that compelling governmental interest. (c) A person whose religious exercise has been burdened in violation of this chapter may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against government. 50-15A-3. In any action or proceeding to enforce a provision of this chapter, the court or tribunal may allow the prevailing party, other than government, a reasonable attorney fee as part of costs. 50-15A-4. Nothing in this chapter shall be construed to: (1) Apply to penological rules, regulations, conditions, or policies established by a penal institution that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised violators, or the public, or to the maintenance of good order and discipline in any penal institution or parole or probation program; or (2) Create any rights by an employee against an employer if such employer is not government. 50-15A-5. As used in this chapter, the term: (1) 'Delinquent act' shall have the same meaning as provided for in Code Section 1511-2. (2) 'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion. (3) 'Exercise of religion' means any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including but not limited to the practice or observance of religion under Paragraphs III and IV of Section I, Article I of the Constitution of this state or the Free Exercise Clause of the First Amendment to the Constitution of the United States, or the use, building, or conversion of real property for the purpose of religious exercise. (4) 'Government' means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including but not limited to the executive, legislative, and judicial branches and every department, agency, board, bureau, office, commission, authority, or similar body thereof; municipalities; counties; school districts; special taxing districts; conservation districts; authorities; any other state or local public instrumentality or corporation; or other person acting under color of law. (5) 'Penal institution' means any jail, correctional institution, or similar facility for the THURSDAY, MARCH 5, 2015 877 detention of violators of state laws or local ordinances and any entity supervising such violators placed on parole, probation, or other conditional release and any facility for the restrictive custody of children and any entity supervising children who are not in restrictive custody but who are accused of or adjudicated for a delinquent act. (6) 'Restrictive custody' shall have the same meaning as provided for in Code Section 15-11-2." 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. Pursuant to Senate Rule 2-1.6(b), Senators Fort of the 39th, Ramsey of the 43rd and Thompson of the 5th filed a Minority Report on Senate Bill 129. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 878 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 37, nays 15. SB 129, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 5th was excused for business outside the Senate Chamber. SB 103. By Senators Jackson of the 2nd and Watson of the 1st: 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 allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Bethel of the 54th offered the following amendment #1: Amend SB 103 by deleting line 4 and inserting in lieu thereof the following: premises on one Sunday during the calendar year; to provide for related By deleting lines 15 through 22 and inserting in lieu thereof the following: 12:30 P.M. until 12:00 Midnight on any one Sunday which occurs during the St. Patrick's Day holiday period during each calendar year that shall be designated in such resolution or ordinance. Any sales for consumption on the premises made pursuant to this subsection shall be subject to such terms and conditions as may be required by the governing authority of the county or municipality. As used in this subsection, the term 'St. Patrick's Day holiday period' means March 16 through March 18 of each year." On the adoption of the amendment, there were no objections, and the Bethel 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 Beach Y Bethel Y Black Y Burke Y Butler N Hill, Jack N Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James Y Orrock Y Parent Y Ramsey Y Rhett Seay N Shafer THURSDAY, MARCH 5, 2015 879 N Cowsert N Crane Y Davenport N Dugan Y Fort Y Ginn N Gooch N Harbin E Harbison N Harper N Heath Y Henson Y Hill, H Y Jeffares Y Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas Y Martin N McKoon E Millar Y Miller Y Mullis Y Sims Y Stone Y Tate N Thompson, B E Thompson, C N Tippins Y Tolleson Unterman Y Watson N Wilkinson Y Williams, M N Williams, T On the passage of the bill, the yeas were 32, nays 19. SB 103, having received the requisite constitutional majority, was passed as amended. Senator Ramsey, Sr. of the 43rd moved to suspend the Senate Rules to read legislation for the first time and refer it to committee. There was no objection. SB 208. By Senators Ramsey, Sr. of the 43rd, 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 incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; to provide for incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Monday, March 9, 2015; the motion prevailed, and at 4:20 p.m. the President announced the Senate adjourned. 880 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 9, 2015 Twenty-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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 200. By Representatives Parsons of the 44th, Kaiser of the 59th and Rice of the 95th: A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for MONDAY, MARCH 9, 2015 881 HB 213. HB 214. HB 328. HB 366. low-emission vehicles, so as to change the amount of the credit for electric vehicle chargers; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Geisinger of the 48th, Mitchell of the 88th, Taylor of the 79th, Gardner of the 57th 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 provide for the restoration of voting privileges to the Commissioner of the Department of Transportation until 2017; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of 882 JOURNAL OF THE SENATE HB 368. HB 372. HB 504. HB 516. minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so as to repeal and reserve Part 5 of said article, relating to glass installations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; 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 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 to reconstitute the board of education for the Effingham County School District, approved March 26, MONDAY, MARCH 9, 2015 883 HB 518. HB 521. HB 522. HB 526. 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Martin of the 49th 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 twoyear 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 Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Beskin of the 54th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Buckner of the 137th: A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to 884 JOURNAL OF THE SENATE HB 528. provide for severability; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Tarvin of the 2nd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; 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 292. By Representatives Knight of the 130th and Powell of the 171st: 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 an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 209. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved April 4, 2012 (Ga. L. 2012, p. 4628), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 210. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide for the priority of certain liens regarding assessments for MONDAY, MARCH 9, 2015 885 downtown development authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SR 447. By Senators Black of the 8th, Millar of the 40th, Tippins of the 37th, Hufstetler of the 52nd, Harper of the 7th and others: A RESOLUTION creating the Joint Study Committee on School Construction; and for other purposes. Referred to the Committee on Education and Youth. SR 449. By Senators Gooch of the 51st and Beach of the 21st: A RESOLUTION encouraging the United States Environmental Protection Agency (EPA) to withdraw the proposed Clean Power Plan; supporting the comments submitted to EPA by the Georgia Environmental Protection Division (EPD), the Georgia Public Service Commission (PSC), and the Attorney General of Georgia (Attorney General) on the Clean Power Plan; encouraging Congress and the President to enact legislation delaying implementation of the final Clean Power Plan until certain criteria are met; and for other purposes. Referred to the Committee on Natural Resources and the Environment. The following House legislation was read the first time and referred to committee: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. 886 JOURNAL OF THE SENATE HB 200. By Representatives Parsons of the 44th, Kaiser of the 59th and Rice of the 95th: A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for low-emission vehicles, so as to change the amount of the credit for electric vehicle chargers; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 214. By Representatives Jacobs of the 80th, Geisinger of the 48th, Mitchell of the 88th, Taylor of the 79th, Gardner of the 57th 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 provide for the restoration of voting privileges to the Commissioner of the Department of Transportation until 2017; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general MONDAY, MARCH 9, 2015 887 rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 366. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 368. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so as to repeal and reserve Part 5 of said article, relating to glass installations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of 888 JOURNAL OF THE SENATE occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 516. By Representatives Hitchens of the 161st and Burns of the 159th: A BILL to be entitled an Act to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 518. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. MONDAY, MARCH 9, 2015 889 HB 521. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Martin of the 49th 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 two-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 Committee on State and Local Governmental Operations. HB 522. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Beskin of the 54th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 526. By Representative Buckner of the 137th: A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for severability; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 528. By Representative Tarvin of the 2nd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city 890 JOURNAL OF THE SENATE manager and the chief of police; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance 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 Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 126 SB 138 SB 185 Do Pass by substitute Do Pass by substitute Do Pass by substitute SB 130 SB 145 SB 194 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Insurance and Labor 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 SB 143 SB 196 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman MONDAY, MARCH 9, 2015 891 Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 90 SB 141 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Natural Resources and the Environment has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 36 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Committee on Regulated Industries and Utilities has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 63 SB 190 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 412 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman 892 JOURNAL OF THE SENATE Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 251 HB 490 SB 182 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 169 SR 126 Do Pass by substitute Do Pass by substitute SB 191 SR 441 Do Pass by substitute Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman Mr. President: The Committee on Veterans, Military and Homeland Security has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 203 Do Pass Respectfully submitted, Senator Hill of the 6th District, Chairman The following legislation was read the second time: HB 73 SB 91 SB 154 SB 184 SR 266 HB 91 SB 99 SB 159 SB 186 SR 267 HB 95 SB 116 SB 160 SB 187 SR 350 SB 35 SB 122 SB 161 SB 195 SB 76 SB 142 SB 176 SR 80 SB 77 SB 148 SB 183 SR 135 MONDAY, MARCH 9, 2015 893 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 Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Harbison (Excused) Kirk Senator Kirk of the 13th 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, Pastor Marlin D. Harris of Decatur, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th introduced Dr. Harajeshwar Singh Kohli and Senator Hill of the 32nd introduced Dr. Brett Cannon, both serving as doctors of the day. Senator Hill of the 4th recognized Mr. Thomas "Tom" E. Daniel for his service and congratulated him on the occasion of his retirement, commended by SR 403, adopted previously. Mr. Tom Daniel, Sr. Vice-Chancellor of the University System of Georgia, addressed the Senate briefly. 894 JOURNAL OF THE SENATE Senator Miller of the 49th recognized the Georgia Inclusive Post-Secondary Education Consortium, commended by SR 276, adopted previously. Charles Isaac "Charlie" Miller addressed the Senate briefly. Senator Watson of the 1st recognized and honored the members of the St. Patrick's Day Parade Committee, Chairman Kevin Halligan and the Grand Marshal of the 2015 St. Patrick's Day Parade, Hugh Coleman on the upcoming occasion of the 2015 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 390, adopted previously. Grand Marshal Hugh Coleman addressed the Senate briefly. The following resolutions were read and adopted: SR 442. By Senator Dugan of the 30th: A RESOLUTION recognizing and commending Ms. Jewell M. Mashburn on the occasion of her retirement from the Board of Elections and Registration; and for other purposes. SR 443. By Senator Dugan of the 30th: A RESOLUTION recognizing and commending Ms. Catherine Brock upon the grand occasion of her retirement; and for other purposes. SR 444. By Senators Hill of the 4th and Watson of the 1st: A RESOLUTION recognizing and commending Mrs. Karen Tanksley on the grand occasion of her retirement; and for other purposes SR 445. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Lynda Anne Brannen Williamson; and for other purposes. SR 446. By Senator James of the 35th: A RESOLUTION honoring the life and memory of Evelyn Gibson Lowery and recognizing the Southern Christian Leadership Conference women for their international works; and for other purposes. SR 448. By Senator Black of the 8th: A RESOLUTION commending Julie Doss for being chosen to compete in the 2015 Special Olympics World Summer Games on behalf of Team USA; and for other purposes. MONDAY, MARCH 9, 2015 895 SR 450. By Senators Ginn of the 47th, Cowsert of the 46th, Shafer of the 48th, Unterman of the 45th, Watson of the 1st and others: A RESOLUTION recognizing and commending Dr. Barbara L. Schuster for her instrumental role in the establishment of the medical partnership between Georgia Regents University and the University of Georgia; and for other purposes. Senator Thompson of the 5th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday March 9, 2015 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 182 Jeffares of the 17th Ramsey, Sr. of the 43rd NEWTON COUNTY A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 251 Kirk of the 13th Sims of the 12th CITY OF AMERICUS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. 896 JOURNAL OF THE SENATE HB 490 Albers of the 56th Bethel of the 54th Beach of the 21st Hufstetler of the 52nd Thompson of the 14th BLUE RIDGE JUDICIAL CIRCUIT A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *SB 182: The Senate Committee on State and Local Governmental Operations offered the following substitute to SB 182: A BILL TO BE ENTITLED AN ACT To provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer such districts; to provide for appointment or election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for the debt of such districts; to provide for cooperation with local governments; to provide for powers of such boards; to provide for general obligation bonds, notes, and other obligations of such districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearing and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, and notes, and subsequent issue of bonds and notes; 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 the procedures connected with all of the foregoing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2015 897 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "Newton County Community Improvement Districts Act." SECTION 2. Purpose; "majority" defined. The purpose of this Act is to provide for the creation of one or more community improvement districts within Newton County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending such resolutions: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water collection and disposal systems; (4) Public transportation; (5) Terminal and dock facilities and parking facilities; and (6) Such other services and facilities as may be provided for by general law. SECTION 3. Definitions. As used herein, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops or fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district herein authorized. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means, for each district, the meeting of electors provided for in this Act at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority vote in favor of those present is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, 898 JOURNAL OF THE SENATE installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the MONDAY, MARCH 9, 2015 899 governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant to this Act, as the context requires or permits. (7) "Electors" means the noncontiguous owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board as appear on the most recent ad valorem real property tax return records of Newton County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Newton County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which shall be cast by one of their number who is designated in writing by such multiple owners as their elector. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" have the meanings generally ascribed to these words. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem real property tax records of Newton County within the district as certified by the Newton County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (13) "Property used nonresidentially" means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office or 900 JOURNAL OF THE SENATE institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (14) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. SECTION 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Newton County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions set forth in this section and which shall be governed by a board constituted as provided in Section 5 of this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Board of Commissioners of Newton County if the district is located wholly within the unincorporated area of Newton County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Newton County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Newton County and partially within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. The written consents provided for above shall be submitted to the Newton County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and a second copy shall be filed with the Department of Community Affairs. MONDAY, MARCH 9, 2015 901 SECTION 5. Administration, appointment, and election of board members. (a) Each district created pursuant to this Act shall be administered by a board composed of a minimum of seven members to be appointed and elected as provided in this section. One board member shall be appointed by the chairperson of the Board of Commissioners of Newton County and confirmed by a majority of the board of commissioners and shall serve in Post 7. One board member shall be appointed by the mayor and confirmed by the governing authority of each municipality within which the district is now or hereafter partially or entirely located and shall serve in Post 6. Two board members shall be elected by the vote of equity electors and serve in Posts 4 and 5 and three board members shall be elected by the vote of electors and serve in Posts 1, 2, and 3. Each board member elected by the vote of the electors (Posts 1, 2, and 3) shall receive a majority of the votes of the total electors with respect to the post for which he or she is a candidate. The appointed board members shall serve at the pleasure of the governing authority which appointed them, respectively. The initial terms of office of the members representing Posts 1 and 4 shall be two years. The initial term of office of the members representing Posts 2, 3, and 5 shall be four years. Thereafter, all terms of office shall be for four years, except the appointed board members who serve at the pleasure of the governing body which appointed them, respectively. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Newton County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to such electors by publishing the same in the legal organ of Newton County as provided in this Act. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Newton County, a caucus of such electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms are expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under this Act, notice thereof shall be given to such electors by publishing notice thereof in the legal organ of Newton County on four dates: at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election. (c) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (d) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall 902 JOURNAL OF THE SENATE elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board. (e) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. The new appointed board member in such case shall take office upon the vacation of the first elected board member's office to be vacated, by expiration of term, death, resignation, or recall, and that office shall thereafter be appointed by such governing authority. (f) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as provided in this Act. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections. SECTION 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The millage shall be set by the board by public vote and shall be capped at 5 mills during the first six-year term of the district operations. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specifically required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Newton County if the district lies wholly or partly within the unincorporated area of Newton County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Newton County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Newton County or such municipality's ad valorem taxes, respectively, MONDAY, MARCH 9, 2015 903 and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $5,000.00 in any one calendar year, shall be transmitted by Newton County or the municipality which collects same to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes between January 1 and June 1 of each calendar year and shall notify in writing the collecting governing bodies by June 15 of each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event, for bonded indebtedness of the district then outstanding, until such bonded indebtedness then outstanding is paid or refunded. SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be designated as such by the Board of Commissioners of Newton County if wholly within the unincorporated area of Newton County and by such municipalities within which the district may be partially located if partially within the unincorporated area of Newton County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act or as may hereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Newton County, if any portion of the district is or is to be in the unincorporated area of Newton County, and such municipalities as may have area within the district before or after the annexation. SECTION 8. Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia or any other provision of law prohibiting or restricting the 904 JOURNAL OF THE SENATE borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. SECTION 9. Cooperation with local governments. The services and facilities provided for in this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Newton County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Newton County or any such municipality to provide services or facilities within the district; and Newton County or any such municipality shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. SECTION 10. Powers. (a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of MONDAY, MARCH 9, 2015 905 which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or to make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for 906 JOURNAL OF THE SENATE the district in cooperation with Newton County and any municipal corporations in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power shall limit or restrict any other power of the board. SECTION 11. Bonds - generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or MONDAY, MARCH 9, 2015 907 both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Newton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. SECTION 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement 908 JOURNAL OF THE SENATE or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. SECTION 13. Dissolution. (a) A district activated under the provisions of this Act may be dissolved upon the occurrence of the written consent to the dissolution of the community improvement district by: (1) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (2) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Newton County Tax Commissioner, who shall certify whether paragraphs (1) and (2) of this subsection have been satisfied with respect to each proposed district dissolution. (b) In the event successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (d) When a dissolution becomes effective, the municipal governing authority, or the governing authority of the county if the district is wholly within the unincorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation. SECTION 14. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008"; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to MONDAY, MARCH 9, 2015 909 regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. SECTION 14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 15. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 16. Repealer. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. 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 Beach Y Bethel Y Black Y Burke Butler Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer 910 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Sims Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 49, nays 0. The bills on the Local Consent Calendar, except SB 182, having received the requisite constitutional majority, were passed. SB 182, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 9, 2015 Due to business outside the Senate Chamber, I missed the vote on the Local Calendar. Had I been present, I would have voted yes. /s/ Butch Miller District 49 HB 90 SB 132 SENATE RULES CALENDAR MONDAY, MARCH 9, 2015 TWENTY-EIGHTH LEGISLATIVE DAY Code Revision Commission; repeal portions of said Code, or Acts; provisions (JUDY-29th) Willard-51st "Quality Basic Education Act"; program for high school students to attend postsecondary institutions; provisions; 'Move on When Ready Act' (ED&Y-30th) MONDAY, MARCH 9, 2015 911 SB 69 State Defense Force; remove restrictions; rights of public officers and employees to be absent for service; reemployment rights (VM&HS-32nd) SB 134 Speed Detection Devices; provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices (PUB SAF-23rd) SB 156 State Charter Schools Commission; authorize to establish a nonprofit foundation (ED&Y-37th) SB 168 State Symbols; designate the Old Governor's Mansion as the official state historic house (H ED-25th) SB 175 Animal Protection; require inspection of certain animals entering into the state (AG&CA-8th) SR 296 Senator Lawrence (Bud) Stumbaugh Bridge; DeKalb County; dedicate (Substitute)(TRANS-41st) 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 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for 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: 912 JOURNAL OF THE SENATE Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 90, having received the requisite constitutional majority, was passed. SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Crane of the 28th, Albers of the 56th, Hufstetler of the 52nd, Heath of the 31st, Gooch of the 51st and others offered the following amendment #1: Amend SB 132 by deleting on line 51 "and subject to approval by" On the adoption of the amendment, the yeas were 14, nays 27, and the Crane, et al. amendment #1 was lost. MONDAY, MARCH 9, 2015 913 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. SB 132, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 9, 2015 I inadvertently forgot to push the green button on SB 132. I would have voted yes. /s/ Lindsey Tippins District 37 SB 69. By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th: 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 914 JOURNAL OF THE SENATE Force, so as to remove restrictions regarding the rights 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. The report of the committee, which was favorable to the passage 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. SB 69, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 9, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 69. Had I been present, I would have voted Yes. /s/ Fran Millar District 40 MONDAY, MARCH 9, 2015 915 SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort N Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 2. SB 134, having received the requisite constitutional majority, was passed. Senator Dugan of the 30th was excused for business outside the Senate Chamber. 916 JOURNAL OF THE SENATE SB 156. By Senators Tippins of the 37th, Wilkinson of the 50th, Millar of the 40th, Shafer of the 48th, Stone of the 23rd and others: A BILL to be entitled an Act to amend Article 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state charter schools, so as to authorize the State Charter Schools Commission to establish a nonprofit foundation; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane N Davenport E Dugan N Fort Y Ginn Y Gooch Y Harbin E 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 N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 44, nays 9. SB 156, having received the requisite constitutional majority, was passed. SB 168. By Senators Jones of the 25th and Harper of the 7th: 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 Old Governor's Mansion as the official state historic house; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 9, 2015 917 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 1. SB 168, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: March 9, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 168. Had I been present, I would have voted yes. /s/ Renee Unterman District 45 March 9, 2015 I inadvertently voted NO on SB 168. Please reflect in the Journal that my intent was to vote YES. /s/ Chuck Hufstetler District 52 918 JOURNAL OF THE SENATE SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Kennedy of the 18th and Black of the 8th offered the following amendment #1: Amend SB 175 by After the end of the sentance on line 18, add the following: The commissioner shall maintain on his/her website a listing of all other types of animals determined to pose a significant risk of disease as referenced in this paragraph. On the adoption of the amendment, there were no objections, and the Kennedy, Black 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M Williams, T MONDAY, MARCH 9, 2015 919 On the passage of the bill, the yeas were 49, nays 3. SB 175, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: March 9, 2015 I inadvertently voted No on SB 175. Please reflect in the Journal that my intent was to vote Yes. /s/ John K. Wilkinson District 50 SR 296. By Senators Henson of the 41st, Shafer of the 48th, Davenport of the 44th, Hill of the 4th, Butler of the 55th and others: A RESOLUTION recognizing Senator Lawrence (Bud) Stumbaugh and dedicating a bridge in his honor; and for other purposes. The Senate Committee on Transportation offered the following substitute to SR 296: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Senator Lawrence (Bud) Stumbaugh 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, a graduate of Lipscomb University, Senator Stumbaugh's professional career includes roles as a professional manager, entrepreneur, motivational speaker, and public servant; and WHEREAS, Senator Stumbaugh diligently and conscientiously devoted his time, talents, and energy to the citizens of Georgia as a member of the Georgia State Senate for 16 years; and WHEREAS, during the eight terms Senator Stumbaugh served in the Senate, his leadership and bi-partisan spirit were evident as chairman of the Senate Insurance Committee; and 920 JOURNAL OF THE SENATE WHEREAS, he has spoken before sales management groups, civic clubs, political forums, and school, religious, and business functions in 26 states; and WHEREAS, Senator Stumbaugh grew one of his companies, Team Services, Inc., to 1,500 employees in 39 states and helped make it the 29th fastest growing corporation in America before selling it on the London Stock Exchange; and WHEREAS, he has served on the Board of Founders for Lipscomb University and the Board of Trustees for Faulkner University; and WHEREAS, during his tenure with the Georgia Senate, Senator Stumbaugh served as vice chairperson for the Metropolitan Atlanta Rapid Transit Overview Committee; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his honor. PART II WHEREAS, Captain Herbert "Herb" Lee Emory was born on April 2, 1953, in Transylvania County, North Carolina; and WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a MONDAY, MARCH 9, 2015 921 dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a road in his memory. PART III WHEREAS, Mrs. Runell "Nell" Brooks Foster was born on March 27, 1906, a beloved daughter of George B. and Emma Palmer Brooks; and WHEREAS, the youngest of 12 children, Mrs. Foster's father was a prominent farmer and land owner and she grew up on the family farm which consisted of more than 150 acres that spanned across what is now the intersection of U.S. Highway 78 and Rosebud Road; and WHEREAS, she attended Midway School, where she later went on to return as a teacher, and is the oldest living graduate of Grayson High School; and WHEREAS, Mrs. Foster was united in love and marriage to her high school sweetheart, Clyde Foster, on February 12, 1928, and after the couple lived for a short time in Atlanta, they returned to the corner of Rosebud Road and U.S. Highway 78 to live in the rock house at the intersection; and WHEREAS, now a centenarian, Mrs. Foster has lived on Rosebud Road and U.S. Highway 78 for 83 years and raised three daughters, Mary, Pat, and Sara, there; and WHEREAS, Mr. Foster owned and operated Foster's Service Station across from the family home for 45 years; and WHEREAS, for decades, the Foster's rock home has served as a landmark in the area, and it is abundantly fitting and proper that the intersection be dedicated in honor of Mrs. Foster and her family. PART IV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on the MARTA Indian Creek Station exit ramp to Interstate 285 southbound in DeKalb County is dedicated as the Senator Lawrence (Bud) Stumbaugh Bridge. 922 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that the new flyover ramp on Interstate 85 at Georgia 400 is dedicated as the Captain Herb Emory Flyover Ramp. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 78 and Rosebud Road in Gwinnett County is dedicated as Brooks-Foster Crossing. 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 make appropriate copies of this resolution available for distribution to the Department of Transportation, Senator Lawrence (Bud) Stumbaugh, Mrs. Runell "Nell" Brooks Foster, and the family of Captain Herbert "Herb" Lee Emory. On the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T MONDAY, MARCH 9, 2015 923 On the adoption of the resolution, the yeas were 52, nays 0. SR 296, having received the requisite constitutional majority, was adopted by substitute. The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 March 9, 2015 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Brandon Beach to serve as Ex-Officio for the Senate Veterans, Military and Homeland Security Committee meeting on March 9, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 March 9, 2015 924 JOURNAL OF THE SENATE Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Tyler Harper to serve as Ex-Officio for the Senate Veterans, Military and Homeland Security Committee meeting on March 9, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Wednesday, March 11, 2015; the motion prevailed, and at 12:36 p.m. the President announced the Senate adjourned. WEDNESDAY, MARCH 11, 2015 925 Senate Chamber, Atlanta, Georgia Wednesday, March 11, 2015 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 message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 20. By Representative Carson of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from state income taxes, so as to clarify that certain allocations to owners of certain entities shall be governed by Georgia law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes. 926 JOURNAL OF THE SENATE HB 110. HB 212. HB 215. HB 253. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th: A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Cooper of the 43rd, Hawkins of the 27th, Broadrick of the 4th and Spencer of the 180th: A BILL to be entitled an Act to amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 11, 2015 927 HB 255. HB 277. HB 296. HB 353. HB 385. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Clark of the 101st, Dudgeon of the 25th, Beskin of the 54th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees and asylees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Rogers of the 29th: A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and 928 JOURNAL OF THE SENATE HB 386. HB 397. HB 477. HB 492. patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community Health; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: 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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Jones of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in WEDNESDAY, MARCH 11, 2015 929 unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate 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 211. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 212. By Senator Kirk of the 13th: A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 213. By Senators Harbin of the 16th, Shafer of the 48th, McKoon of the 29th, Hill of the 32nd, Williams of the 27th 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 students to obtain a passing score on a civics test for purposes of being eligible to receive a high school diploma; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. SB 214. By Senator Tate of the 38th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, 930 JOURNAL OF THE SENATE so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 451. By Senators Jones of the 25th, Ligon, Jr. of the 3rd, Williams of the 19th, Hill of the 6th, McKoon of the 29th and others: A RESOLUTION creating the Senate Alternatives to Transportation Funding Study Committee; and for other purposes. Referred to the Committee on Rules. SR 453. By Senator Seay of the 34th: A RESOLUTION urging the Congress of the United States to rename the Edmund Pettus Bridge as the Edmund Pettus-John Lewis Bridge; and for other purposes. Referred to the Committee on Transportation. SR 459. By Senator Jackson of the 2nd: A RESOLUTION creating the Senate Study Committee on Blind or Visually Impaired Persons; and for other purposes Referred to the Committee on Health and Human Services. SR 460. By Senators Jones II of the 22nd, Stone of the 23rd, Parent of the 42nd, Fort of the 39th, Harper of the 7th and others: A RESOLUTION creating the Senate Minor Traffic Offense Study Committee; and for other purposes. Referred to the Committee on Public Safety. The following House legislation was read the first time and referred to committee: HB 20. By Representative Carson of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, WEDNESDAY, MARCH 11, 2015 931 computation, and exemptions from state income taxes, so as to clarify that certain allocations to owners of certain entities shall be governed by Georgia law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th: A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 212. By Representatives Weldon of the 3rd, Cooper of the 43rd, Hawkins of the 27th, Broadrick of the 4th and Spencer of the 180th: A BILL to be entitled an Act to amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 932 JOURNAL OF THE SENATE HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 255. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. HB 277. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, WEDNESDAY, MARCH 11, 2015 933 collection, and assessment of state sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 296. By Representatives Nix of the 69th, Clark of the 101st, Dudgeon of the 25th, Beskin of the 54th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees and asylees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 353. By Representative Rogers of the 29th: A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 385. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community Health; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. 934 JOURNAL OF THE SENATE HB 386. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: 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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. HB 477. By Representative Jones of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of WEDNESDAY, MARCH 11, 2015 935 public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. The following committee reports were read by the Secretary: Mr. President: The Committee on Interstate Cooperation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 395 Do Pass by substitute Respectfully submitted, Senator James of the 35th District, Chairman Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 211 Do Pass Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 410 Do Pass SB 172 Do Pass SB 171 SB 197 Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman 936 JOURNAL OF THE SENATE The following legislation was read the second time: SB 36 SB 137 SB 185 SR 126 SB 63 SB 138 SB 190 SR 412 SB 82 SB 141 SB 191 SR 441 SB 90 SB 143 SB 194 SB 126 SB 145 SB 196 SB 130 SB 169 SB 203 Senator Thompson of the 14th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Butler of the 55th asked unanimous consent that Senator Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harper Heath Henson Hill, H Hill, Jack Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Harbison Thompson, B. Hill, Judson (Excused) Ramsey, Sr. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Millar of the 40th introduced the chaplain of the day, Chaplain Colonel James W. Hughes of Cornelia, Georgia, who offered scripture reading and prayer. WEDNESDAY, MARCH 11, 2015 937 Senator Hill of the 4th recognized Georgia Tech Football Head Coach Paul Johnson on being named 2014 Atlantic Coast Conference Coach of the Year, commended by SR 349, adopted previously. Coach Paul Johnson addressed the Senate briefly. Senator Seay of the 34th recognized Joseph Fitzgerald Hamilton, commended by SR 35, adopted previously. Mr. Joe Hamilton addressed the Senate briefly. Senator Henson of the 41st introduced the doctor of the day, Dr. Adetolu "Tolu" Oyewo. The following resolutions were read and adopted: SR 452. By Senators Lucas of the 26th and Hill of the 4th: A RESOLUTION commending the Georgia Rural Health Association and recognizing March 11, 2015, as Rural Health Day at the state capitol; and for other purposes. SR 454. By Senators Harper of the 7th, Shafer of the 48th, Cowsert of the 46th, Albers of the 56th, Mullis of the 53rd and others: A RESOLUTION recognizing March 18, 2015, as Law Enforcement Appreciation Day at the capitol and commending law enforcement officers in Georgia; and for other purposes. SR 455. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Butler of the 55th and Orrock of the 36th: A RESOLUTION commending Immanuel Emoefe for his outstanding service to the people of Nigeria; and for other purposes. SR 456. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Rhett of the 33rd, Butler of the 55th and Orrock of the 36th: A RESOLUTION recognizing and commending Mr. Olorogun O'tega Emerhor, Chief Executive Officer of the Standard Alliance Group; and for other purposes. SR 457. By Senators Heath of the 31st and Shafer of the 48th: A RESOLUTION recognizing and commending Mr. Kenneth R. Smith on his outstanding public service; and for other purposes. 938 JOURNAL OF THE SENATE SR 458. By Senator Beach of the 21st: A RESOLUTION commending the Greater North Fulton Chamber of Commerce and recognizing March 10, 2015, as North Fulton County Day at the state capitol; and for other purposes. SR 461. By Senator McKoon of the 29th: A RESOLUTION commending Camp Dream on their 20th anniversary and recognizing February 25, 2015, as Camp Dream Day; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 11, 2015 Twenty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 171 Tate of the 38th Tippins of the 37th Rhett of the 33rd Hill of the 32nd Hill of the 6th Thompson of the 14th 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 12, 2008 (Ga. L. 2008, p. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, 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. SB 172 SB 197 HB 410 WEDNESDAY, MARCH 11, 2015 939 Tate of the 38th Tippins of the 37th Rhett of the 33rd Hill of the 32nd Hill of the 6th Thompson of the 14th 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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; to provide an effective date; to repeal conflicting laws; and for other purposes. Unterman of the 45th CHARTER FOR THE CITY OF BUFORD A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes. Tippins of the 37th Rhett of the 33rd Hill of the 6th Tate of the 38th Hill of the 32nd Thompson of the 14th 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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. 940 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 52, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The President recognized U.S. Representative Barry Loudermilk who addressed the Senate briefly. Senator Thompson of the 5th was excused for business outside the Senate Chamber. SR 80 SENATE RULES CALENDAR WEDNESDAY, MARCH 11, 2015 TWENTY-NINTH LEGISLATIVE DAY College Board of Advanced Placement U.S. History; demand revision (Substitute)(ED&Y-3rd) SR 266 Property Conveyance; authorizing 10 counties (SI&P-17th) SR 267 SB 128 SB 76 SB 111 SR 155 SB 148 SB 116 SB 99 SB 64 SB 183 SB 184 SB 195 SB 59 WEDNESDAY, MARCH 11, 2015 941 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties (Substitute) (SI&P-17th) Corporations; directors and officers; enact reforms consistent with the Model Act; functions of a board of directors; change provisions (JUDY-18th) "Motorcycle Mobility Safety Act"; safe operation of a motorcycle; inoperative traffic-control signal (Substitute)(PUB SAF-24th) Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home (Substitute)(I&L-23rd) U.S. Congress; encouraged to adopt and to submit to the states a balanced amendment to the U.S. Constitution and balance our current budget (GvtO-32nd) Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office (Substitute) (AG&CA-18th) Celebrate Freedom Week; establish; posting of historical documents (Substitute)(ED&Y-3rd) Conduct of Proceedings; reversal on appeal; judge expresses an opinion regarding proof in a criminal case; change provisions (Substitute) (JUDYNC-18th) Juvenile Code, Domestic Relations, and Vital Records; repeal voluntary acknowledgments of legitimation (SJUDY-52nd) Animals; provide for liability protection for certain activities related to livestock; limitations (AG&CA-50th) Dogs; provide breed-specific regulation shall be limited to enactment by general law (AG&CA-8th) Bonds and Recognizances; increase fees allowed for continuing education programs (JUDYNC-27th) "Partnership for Public Facilities and Infrastructure Act" (Substitute) (ED&T-6th) 942 JOURNAL OF THE SENATE SR 350 SB 35 SB 164 Congress; urged to enact the FairTax; express the State of Georgia's commitment to ratify the repeal of the Sixteenth Amendment (FIN-32nd) Crimes and Offenses; provide leaving certain children in vehicles; cruelty to children in the third degree (Substitute)(JUDYNC-35th) Education; provide for positive behavioral interventions and supports and response to intervention initiatives (ED&Y-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: SR 80. By Senators Ligon, Jr. of the 3rd, Millar of the 40th, Hill of the 32nd, Jeffares of the 17th, Watson of the 1st and others: A RESOLUTION demanding revision by the College Board of Advanced Placement U.S. History; and for other purposes. The Senate Committee on Education and Youth offered the following substitute to SR 80: A RESOLUTION Demanding revision by the College Board of Advanced Placement U.S. History; and for other purposes. WHEREAS, approximately 14,000 Georgia students take the College Board's Advanced Placement U. S. History (APUSH) course each year; and WHEREAS, the APUSH course has traditionally been designed to present a balanced view of American history and to prepare students for college-level history courses; and WHEREAS, the College Board has recently replaced its brief topic outline with a new, lengthy framework for the APUSH course; and WHEREAS, the new APUSH framework reflects a radically revisionist view of American history that emphasizes negative aspects of our nation's history while omitting or minimizing positive aspects; and WEDNESDAY, MARCH 11, 2015 943 WHEREAS, the framework minimizes discussion of America's Founding Fathers, the principles of the Declaration of Independence, the religious influences on our nation's history, and many other critical topics that have long been part of the APUSH course; and WHEREAS, the framework presents a biased and inaccurate view of many important themes and events in American history, including the motivations and actions of seventeenth to nineteenth century settlers, the nature of the American free enterprise system, the course and resolution of the Great Depression, and the development of and victory in the Cold War; and WHEREAS, the framework differs radically from the Georgia Performance Standards for Social Studies; and WHEREAS, despite offering revisions and clarifications to the framework, the College Board has made no substantial changes to the themes and key concepts of the framework, thus requiring all content to be taught in alignment with those themes and concepts; and WHEREAS, the framework describes its detailed requirements as required knowledge for Georgia students; and WHEREAS, to prepare their students for the APUSH examination, Georgia APUSH teachers will have to teach the APUSH required knowledge through the lens of the APUSH themes and concepts, to the detriment of the state mandated Georgia Performance Standards; and WHEREAS, the framework will thus have the effect of usurping the state mandated Georgia Performance Standards. NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY: (1) That the State Board of Education instruct the College Board to return to an approach more compatible with the traditional topic outline, which respects and allows flexibility to incorporate the Georgia Performance Standards for Social Studies in classroom teaching and specifically incorporates the Georgia Performance Standards' emphasis on America's founding principles and the uniqueness of America's role in the world; (2) That the State Board of Education instruct the College Board to return to an APUSH examination that aligns with the approach described in paragraph (1) of this resolution; (3) That the Georgia congressional delegation is urged to push for greater market competition in funding for the College Board; (4) That the Governor is directed to contact other governors of several or all states to join Georgia in efforts to further market competition in advanced subject based testing for college credit; and 944 JOURNAL OF THE SENATE (5) That the State Board of Education and the Georgia Department of Education are directed to explore alternatives to the College Board's Advanced Placement program that would allow Georgia students to obtain college credit by mastering the content dictated by Georgia standards, including the possible redirection of state funds for professional development activities, textbooks, or other instructional materials, and that the Governor would seek reciprocity among several or all states and urge them to do likewise. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the College Board, the State Board of Education, the Georgia Department of Education, Governor Nathan Deal, and each member of the Georgia congressional delegation. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 38, nays 17. SR 80, having received the requisite constitutional majority, was adopted by substitute. WEDNESDAY, MARCH 11, 2015 945 SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th: A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 53, nays 0. SR 266, having received the requisite constitutional majority, was adopted. 946 JOURNAL OF THE SENATE SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th: A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on State Institutions and Property offered the following substitute to SR 267: A RESOLUTION Authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; 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 the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; and WHEREAS, Atlanta Gas Light Company; the Board of Regents of the University System of Georgia; the City of Dublin; the City of Valdosta; Coastal Electric Cooperative; the Corley family; CorrectHealth; the Georgia Department of Transportation; Georgia Power Company; Flint Electric Membership Corporation; Fulton County; Okefenokee Rural Electric Membership Corporation; Walton Electric Membership Corporation; and various utility companies desire to operate and maintain facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these nonexclusive easements, facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through the above described state property have been requested or approved by the Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Department of Defense, Department of Natural Resources, Technical College System of Georgia, and State Properties Commission. WEDNESDAY, MARCH 11, 2015 947 NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities and the Department of Corrections, which on May 2, 2013, declared Bostick State Prison surplus to its needs. On June 27, 2013, the State Properties Commission approved the 2013 Resolution Act 313 (H.R. 205) authorizing conveyance of the property and sale by competitive bid. The bid was opened on August 6, 2013, and the State Properties Commission approved the bid from CorrectHealth GDC, LLC, on October 10, 2013. The Department of Behavioral Health and Developmental Disabilities and the Department of Corrections do 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 CorrectHealth GDC, LLC, or its successors and assigns, a nonexclusive easement area for ingress and egress. Said easement area is located on the former Central State Hospital campus, located in Baldwin County, and is more particularly described as follows: That approximately 3.68 acres, lying and being in the Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that portion only as shown on a plat of survey, 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 purposes of ingress and egress over the easement area. SECTION 4. That CorrectHealth GDC, LLC, shall, with the permission of the Department of Behavioral Health and Developmental Disabilities, 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 easement area. 948 JOURNAL OF THE SENATE SECTION 5. That, after CorrectHealth GDC, LLC, has put into use the easement area 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, CorrectHealth GDC, LLC, or its successors and assigns, shall have the option of removing any facilities from the easement area or leaving the same in place, in which event the easement area and any facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to CorrectHealth GDC, LLC, and, except as herein specifically granted to CorrectHealth GDC, LLC, 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 CorrectHealth GDC, LLC. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and CorrectHealth GDC, LLC, 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 the 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 the 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 CorrectHealth GDC, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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. WEDNESDAY, MARCH 11, 2015 949 SECTION 9. 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 10. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 12. That the authorization in this resolution to grant the above described easement to CorrectHealth GDC, LLC, shall expire three years after the date that 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 the 243rd District, G.M., Barrow County, Georgia, commonly known as Fort Yargo State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated August 26, 2014, did not object to the granting of an 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 to construct, install, and maintain underground distribution lines and associated equipment to serve the new camper cabins at Fort Yargo State Park. Said easement area 950 JOURNAL OF THE SENATE is located in Barrow County and is more particularly described as follows: That approximately 1.0 acre, lying and being in the 243rd District, G.M., Barrow County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 16. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground distribution lines and associated equipment. SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said distribution lines and associated equipment. SECTION 18. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and associated 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 any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement WEDNESDAY, MARCH 11, 2015 951 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 the 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 the 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 to be 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 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 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 Barrow County and a recorded copy shall be promptly 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 that 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. 952 JOURNAL OF THE SENATE ARTICLE III SECTION 27. That the State of Georgia is the owner of the hereinafter described improved property lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. 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 over the property to construct and maintain a bridge and road to widen SR 140 from SR 53 to SR 3/US 41 in Bartow County. Said easement area is located in Bartow County and is more particularly described as follows: That approximately 0.548 acre lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad and that portion as shown on GDOT ROW Plans PI No. 621505, 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 road widening and the construction and maintenance of a bridge in the easement area. SECTION 30. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from the easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance purposes in the easement area. SECTION 31. That, after the Georgia Department of Transportation has put into use the easement area 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns. WEDNESDAY, MARCH 11, 2015 953 SECTION 32. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 to be 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. 954 JOURNAL OF THE SENATE 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 Bartow County and a recorded copy shall promptly 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 that 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. ARTICLE IV SECTION 40. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, commonly known as North Metro Campus of Chattahoochee Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of North Metro Campus of Chattahoochee Technical College. Said easement area is located in Bartow County and is more particularly described as follows: That approximately 0.57 acre, lying and being in the Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, 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. WEDNESDAY, MARCH 11, 2015 955 SECTION 42. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment. SECTION 43. That Atlanta Gas Light 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 gas distribution lines and associated equipment. SECTION 44. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 45. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company. SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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. 956 JOURNAL OF THE SENATE SECTION 47. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 48. 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 49. 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 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 51. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 52. 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 53. That the State of Georgia is the owner of the hereinafter described real property lying and being in 4th District, G.M., Chatham County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all WEDNESDAY, MARCH 11, 2015 957 matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of Savannah Technical College. Said easement area is located in Chatham County and is more particularly described as follows: That approximately 4.26 acres, lying and being in the 4th District, G.M., Chatham County, Georgia, 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 55. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment. SECTION 56. That Atlanta Gas Light 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 gas distribution lines and associated equipment. SECTION 57. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 58. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company. 958 JOURNAL OF THE SENATE SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 60. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 61. 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 62. 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 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission. WEDNESDAY, MARCH 11, 2015 959 SECTION 64. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 65. 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 66. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 216th District, G.M., City of Athens, Clarke County, Georgia, commonly known as the Athens Day Reporting Center, and that the property is in the custody of the Department of Corrections, which by official action dated October 2, 2014, did 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located on Old Epps Bridge Road in Clarke County and is more particularly described as follows: That approximately 0.09 acre, lying and being in Land Lot 216th District, G.M., Clarke County, Georgia, and that portion only as shown on a survey titled: "Underground Distribution Line Easement Survey," 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 68. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 69. 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 electrical lines and associated equipment. 960 JOURNAL OF THE SENATE SECTION 70. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 71. 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 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 73. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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. WEDNESDAY, MARCH 11, 2015 961 SECTION 74. 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 75. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 77. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 78. 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 79. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, commonly known as the Atlanta State Farmers Market, and that the property is in the custody of the Department of Agriculture, which by official action dated September 17, 2014, the Commissioner did 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and 962 JOURNAL OF THE SENATE associated equipment. Said easement area is located at the Atlanta State Farmers Market in Clayton County and is more particularly described as follows: That approximately 0.251 acre, lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 81. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 82. 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 electrical lines and associated equipment. SECTION 83. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 84. 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 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission WEDNESDAY, MARCH 11, 2015 963 shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 86. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 87. 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 88. 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 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 90. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. 964 JOURNAL OF THE SENATE SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 92. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, commonly known as the Kennesaw Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located at the Kennesaw Armory in Cobb County and is more particularly described as follows: That approximately 0.049 acre, lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 94. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 95. 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 electrical lines and associated equipment. SECTION 96. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, WEDNESDAY, MARCH 11, 2015 965 Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 97. 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 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 99. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 100. 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 966 JOURNAL OF THE SENATE 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 101. 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 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 103. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 104. 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 105. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 134, 16th Land District, DeKalb County, Georgia, commonly known as Georgia Piedmont Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 106. 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 construction, installation, and maintenance of overhead electrical distribution lines and associated equipment. Said easement area is located at the Georgia Piedmont Technical College, DeKalb County, and is more particularly described as follows: That approximately 0.37 acre, lying and being in Land Lot 134, 16th Land District, DeKalb County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, WEDNESDAY, MARCH 11, 2015 967 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 107. That the above described premises shall be used solely for the construction, installation, and maintenance of overhead electrical distribution lines and associated equipment. SECTION 108. 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, installation, and maintenance of overhead electrical distribution lines and associated equipment. SECTION 109. That, after Georgia Power Company has put into use the overhead electrical distribution lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 110. 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 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 968 JOURNAL OF THE SENATE removal and relocation. Upon written request from the 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 112. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 113. 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 114. 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 115. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 116. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. WEDNESDAY, MARCH 11, 2015 969 ARTICLE X SECTION 118. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, commonly known as the Rome Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of underground electrical power lines and associated equipment to provide updated and secure electric service to the armory and new motor pool. Said easement area is located at the Rome Armory in Floyd County and is more particularly described as follows: That approximately 0.103 acre, lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 120. That the above described premises shall be used solely for the purpose of installing, maintaining, and operating underground electrical power lines and associated equipment. SECTION 121. 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 installation, maintenance, and operation of an underground electrical power line. SECTION 122. That, after Georgia Power Company has put into use the underground electrical power lines and associated 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, 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 electrical power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. 970 JOURNAL OF THE SENATE SECTION 123. 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 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 125. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 126. That 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, 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. WEDNESDAY, MARCH 11, 2015 971 SECTION 127. 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 128. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 129. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 130. 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 131. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, commonly known as the North Fulton Campus of Gwinnett Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 various utility companies, or their successors and assigns, a nonexclusive easement area for various utilities and associated equipment. Said easement area is located through the North Fulton Campus of Gwinnett Technical College in Fulton County and is more particularly described as follows: That approximately 25.433 acres, lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, 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. 972 JOURNAL OF THE SENATE SECTION 133. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of various utilities and associated equipment. SECTION 134. That the various utility companies 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 various utilities and associated equipment. SECTION 135. That, after the various utility companies have put into use the various utilities and associated 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 various utility companies, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utilities and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 136. That no title shall be conveyed to the various utility companies and, except as herein specifically granted to the various utility companies, 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 various utility companies. SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the grantee or any third party, the State Properties Commission, in their sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. WEDNESDAY, MARCH 11, 2015 973 SECTION 138. That the easement granted to the various utility companies shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 140. 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 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 142. That the authorization in this resolution to grant the above described easement to the various utility companies shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 143. 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 144. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this 974 JOURNAL OF THE SENATE 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 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for road widening project PI 662510 on the South Calhoun Bypass from SR53 at CR13 East to SR53 at CR64 which will bridge over existing railroad right of way. Said easement area is located in Gordon County and is more particularly described as follows: That approximately 0.262 acre, lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, as shown on a drawing prepared by the Georgia Department of Transportation, 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 146. That the above described premises shall be used solely for the purpose of road widening and the construction and maintenance of a bridge in the easement area. SECTION 147. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the easement area. SECTION 148. That, after the Georgia Department of Transportation has put into use the easement area 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 149. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. WEDNESDAY, MARCH 11, 2015 975 SECTION 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 151. 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 to be 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 152. 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 153. 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 154. That this grant of easement shall be recorded by the grantee in the Superior Court of 976 JOURNAL OF THE SENATE Gordon County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 155. 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 that this resolution is enacted into law and approved by the State Properties Commission. SECTION 156. 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 157. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, commonly known as Central Georgia Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 158. 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 the installation, maintenance, and operation of electrical distribution lines to service the Health Services Center (TCSG-267) at Central Georgia Technical College. Said easement area is located in Houston County and is more particularly described as follows: That approximately 0.924 acre, lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, as shown on a drawing furnished by Flint Electric Membership Corporation, 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 159. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of electrical distribution lines. SECTION 160. That Flint Electric Membership Corporation shall have the right to remove or cause to be WEDNESDAY, MARCH 11, 2015 977 removed from said easement area only such trees and bushes as may be reasonably necessary for the installation, maintenance, and operation of electrical distribution lines. SECTION 161. That, after Flint Electric Membership Corporation has put into use the electrical distribution 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, Flint 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 electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 162. 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 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Flint Electric Membership Corporation 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 the 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 the 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 164. 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 to be in the best interest of the State of Georgia and that the State Properties 978 JOURNAL OF THE SENATE Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 165. 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 166. 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 167. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 168. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 169. 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 170. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, commonly known as the Dublin Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. WEDNESDAY, MARCH 11, 2015 979 SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Dublin, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain sanitary sewer lines to serve the Dublin Armory. Said easement area is located in Laurens County and is more particularly described as follows: That approximately 0.072 acre, lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, and that portion only as shown on a drawing furnished by the City of Dublin, 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 172. That the above described premises shall be used solely for the purpose of the City of Dublin installing, operating, and maintaining sanitary sewer lines. SECTION 173. That the City of Dublin 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 lines. SECTION 174. That, after the City of Dublin has put into use the sanitary sewer 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 City of Dublin, 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 sewer lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 175. That no title shall be conveyed to the City of Dublin and, except as herein specifically granted to City of Dublin, 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 Dublin. SECTION 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent 980 JOURNAL OF THE SENATE nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Dublin 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 177. That the easement granted to the City of Dublin shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 178. That 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 179. 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 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 181. That the authorization in this resolution to grant the above described easement to the City of Dublin shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. WEDNESDAY, MARCH 11, 2015 981 SECTION 182. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XV SECTION 183. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1458th District, G.M., Liberty County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 184. 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 relocation of power poles and guy wire anchors due to the SR 119 widening. Said easement area is located in Liberty County and is more particularly described as follows: That approximately 0.156 acre, lying and being in the 1458th District, G.M., Liberty County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 185. That the above described premises shall be used solely for the relocation of power poles and guy wire anchors. SECTION 186. 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 relocation of power poles and guy wire anchors. SECTION 187. That, after Georgia Power Company has put into use the power poles and guy wire anchors 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, 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 poles, guy wire anchors, and associated equipment shall become the property of the State of Georgia, or its successors and assigns. 982 JOURNAL OF THE SENATE SECTION 188. 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 189. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 190. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 191. 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. WEDNESDAY, MARCH 11, 2015 983 SECTION 192. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Liberty County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 194. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 195. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVI SECTION 196. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, commonly known as the Valdosta State Prison, and that the property is in the custody of the Department of Corrections, which by official action dated March 6, 2014, did 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 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Valdosta, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain a sanitary sewer main to serve Valdosta State Prison. Said easement area is located in Lowndes County and is more particularly described as follows: That approximately 0.04 acre, lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, and that portion only as shown on a drawing furnished by the City of Valdosta, 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. 984 JOURNAL OF THE SENATE SECTION 198. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining a sanitary sewer main. SECTION 199. That the City of Valdosta 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 main. SECTION 200. That, after the City of Valdosta has put into use the sanitary sewer main 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 City of Valdosta, 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 sewer main and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 201. That no title shall be conveyed to the City of Valdosta and, except as herein specifically granted to the City of Valdosta, 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 Valdosta. SECTION 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Valdosta 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. WEDNESDAY, MARCH 11, 2015 985 SECTION 203. That the easement granted to the City of Valdosta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 204. That 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 205. 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 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 207. That the authorization in this resolution to grant the above described easement to the City of Valdosta shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 208. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVII SECTION 209. That the State of Georgia is the owner of the hereinafter described real property commonly known as Camp John Hope, Macon County, Georgia, and that the property is in the custody of the Department of Education, which by official action dated March 14, 2014, did not object to the granting of an easement, hereinafter referred to as the 986 JOURNAL OF THE SENATE 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 210. 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 to construct, install, and maintain electrical transmission lines and associated equipment to serve Camp John Hope. Said easement area is located in Macon County and is more particularly described as follows: That approximately 226.148 acres lying and being in Macon County, Georgia, and commonly known as Camp John Hope, and that portion only as shown on a drawing furnished by Flint Electric Membership Corporation, 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 211. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical transmission lines and associated equipment. SECTION 212. 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 transmission lines and associated equipment. SECTION 213. That, after Flint Electric Membership Corporation has put into use the transmission lines and associated 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, Flint 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 214. 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. WEDNESDAY, MARCH 11, 2015 987 SECTION 215. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Flint Electric Membership Corporation 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 216. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 217. That 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 218. That, given the public purpose of the project, the consideration for each 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 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be promptly forwarded to the State Properties Commission. 988 JOURNAL OF THE SENATE SECTION 220. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 221. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVIII SECTION 222. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that the property is regulated by the Department of Natural Resources 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., and which by official action dated March 11, 2013, did 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 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain electrical distribution lines and associated equipment to serve Barbour and Wahoo Islands. Said easement area is located in McIntosh County and is more particularly described as follows: That approximately 15.3 acres, lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 224. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical distribution lines and associated equipment. SECTION 225. That Coastal Electric Cooperative 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 distribution lines and associated equipment. WEDNESDAY, MARCH 11, 2015 989 SECTION 226. That, after Coastal Electric Cooperative has put into use the distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 227. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative. SECTION 228. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 229. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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. 990 JOURNAL OF THE SENATE SECTION 230. 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 231. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 232. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 233. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 234. 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 235. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1514th District, G.M., McIntosh County, Georgia, commonly known as the Altamaha River-Townsend WMA, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2014, did not object to the granting of the 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 236. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area for the construction and maintenance of underground distribution lines and WEDNESDAY, MARCH 11, 2015 991 associated equipment to provide power to maintenance facilities at Altamaha RiverTownsend WMA. Said easement area is located in McIntosh County and is more particularly described as follows: That approximately 1.03 acre, lying and being in the 1514th District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 237. That the above described premises shall be used solely for the construction and maintenance of underground distribution lines and associated equipment. SECTION 238. That Coastal Electric Cooperative shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction and maintenance of underground distribution lines and associated equipment. SECTION 239. That, after Coastal Electric Cooperative has put into use the underground distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 240. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative. SECTION 241. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across 992 JOURNAL OF THE SENATE the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 242. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 243. 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 244. 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 245. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 246. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. WEDNESDAY, MARCH 11, 2015 993 SECTION 247. 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 248. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 120, 137, and 138, 2nd Land District, Meriwether County, Georgia, commonly known as Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage, and that the property is in the custody of the Georgia Vocational Rehabilitation Agency, which by official action dated June 9, 2014, did 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 249. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University System of Georgia, or its successors and assigns, a nonexclusive easement area for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus of the Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage. Said easement area is located in Meriwether County and is more particularly described as follows: That approximately 22.1 acres, lying and being in Land Lots 120, 137, and 138, 2nd Land District, Meriwether County, Georgia, and that portion only as shown on a drawing furnished by the Board of Regents of the University 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 250. That the above described premises shall be used solely for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus. SECTION 251. That the Board of Regents of the University System of 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 ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus. 994 JOURNAL OF THE SENATE SECTION 252. That, after the Board of Regents of the University System of Georgia has put into use the access, parking, signage, utilities, and any other benefits 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 Board of Regents of the University System of 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 easement area and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 253. That no title shall be conveyed to the Board of Regents of the University System of Georgia and, except as herein specifically granted to the Board of Regents of the University System of Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Board of Regents of the University System of Georgia. SECTION 254. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Board of Regents of the University System of Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 255. That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of WEDNESDAY, MARCH 11, 2015 995 the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 256. 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 257. 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 258. That this grant of easement shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 259. That the authorization in this resolution to grant the above described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 260. 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 261. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 105 of the 1st District, Newton County, Georgia, commonly known as the Georgia BioScience Training Center at Athens Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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. 996 JOURNAL OF THE SENATE SECTION 262. That the State of Georgia, acting by and through its State Properties Commission, may grant to Walton Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment to serve the Georgia BioScience Training Center (TCSG-300) at Athens Technical College. Said easement area is located in Newton County and is more particularly described as follows: That approximately 0.16 acre, lying and being in the Land Lot 105 of the 1st District of Newton County, Georgia, and that portion only as shown on a drawing furnished by Walton Electric Membership Corporation, 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 263. That the above described premises shall be used solely for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment. SECTION 264. That Walton 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 construction, operation, and maintenance of underground electrical distribution lines and associated equipment. SECTION 265. That, after Walton Electric Membership Corporation has put into use the underground electrical distribution lines and associated 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, Walton 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 266. That no title shall be conveyed to Walton Electric Membership Corporation and, except as herein specifically granted to Walton 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 Walton Electric Membership Corporation. WEDNESDAY, MARCH 11, 2015 997 SECTION 267. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Walton Electric Membership Corporation 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 the 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 the 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 268. That the easement granted to Walton Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 269. 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 270. 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 271. That this grant of easement shall be recorded by the grantee in the Superior Court of 998 JOURNAL OF THE SENATE Newton County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 272. That the authorization in this resolution to grant the above described easement to Walton Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 273. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXII SECTION 274. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 406 of the 18th District, 3rd Section, Polk County, Georgia, commonly known as Paulding Forest Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated June 24, 2014, did not object to the granting of this easement exchange, the easement to be granted 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 275. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Corley family, or its successors and assigns, a nonexclusive easement area for ingress and egress access within Ironstob Phase I tract along Blue Car Body Road of the Paulding Wildlife Management Area. Said easement area is located in Polk County and is more particularly described as follows: That approximately 3.0 acres, lying and being in the Land Lot 406 of the 18th District, 3rd Section of Polk County, Georgia, and that portion only as shown on a drawing furnished by the 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 276. That the above described premises shall be used solely for ingress and egress. SECTION 277. That the Corley family 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 ingress and egress. WEDNESDAY, MARCH 11, 2015 999 SECTION 278. That, after the Corley family has put into use the access easement 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 Corley family, or its successors and assigns, shall have the option of removing its property from the easement area or leaving the same in place, in which event the property shall become the property of the State of Georgia, or its successors and assigns. SECTION 279. That no title shall be conveyed to the Corley family and, except as herein specifically granted to the Corley family, 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 Corley family. SECTION 280. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Corley family 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 the 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 the 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 281. That the easement granted to the Corley family shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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. 1000 JOURNAL OF THE SENATE SECTION 282. 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 283. That, as consideration for such easement exchange, the Corley family shall grant an easement over approximately six acres for ingress and egress access for public use and for the Department of Natural Resource's administrative use along with a right of first refusal to purchase approximately 360 acres of the Corley family's property labeled Tracts A, B, C, D, and E, being on file in the offices of the State Properties Commission, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 284. That this grant of easement shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 285. That the authorization in this resolution to grant the above described easement to the Corley family shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 286. 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 XXIII SECTION 287. That the State of Georgia is the owner of the hereinafter described real property lying and being in 86-3 District, G.M., formerly the 1660th District, G.M., Richmond County, Georgia, commonly known as the East Central Regional Hospital, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities, which by official action dated June 18, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. WEDNESDAY, MARCH 11, 2015 1001 SECTION 288. 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 replacement and construction of water pipelines at East Central Regional Hospital. Said easement area is located in Richmond County and is more particularly described as follows: That approximately 0.873 acre, lying and being in 86-3 District, G.M., formerly the 166th District, G.M., of Richmond County, Georgia, and that portion only as shown on a drawing furnished by Augusta, 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 289. That the above described premises shall be used solely for the replacement and construction of water pipelines. SECTION 290. 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 replacement and construction of water pipelines. SECTION 291. That, after Augusta, Georgia, has put into use the water pipelines 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 pipelines shall become the property of the State of Georgia, or its successors and assigns. SECTION 292. 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 293. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent 1002 JOURNAL OF THE SENATE nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Augusta, Georgia, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 294. That the easement granted to Augusta, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 295. 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 296. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 297. That this grant of easement shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 298. That the authorization in this resolution to grant the above described easement to Augusta, Georgia, shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. WEDNESDAY, MARCH 11, 2015 1003 SECTION 299. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXIV SECTION 300. That the State of Georgia is the owner of the hereinafter described real property commonly known as the Kia/Hyundai Dymos Tract in Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which by official action dated August 22, 2014, did 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 301. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, Georgia, or its successors and assigns, a nonexclusive easement area for a water and sewer line. Said easement area is located at the Kia/Hyundai Dymos Tract in Troup County and is more particularly described as follows: That approximately 1.391 acre, lying and being in 5th Land District, Troup County, Georgia, and that portion only as shown on a drawing furnished by various utility companies, 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 302. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of a water and sewer line. SECTION 303. That the City of West Point shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said water and sewer line. SECTION 304. That, after the City of West Point put into use the water and 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, the City of West Point, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the water and sewer line and associated equipment shall become the property of the State of Georgia, or its successors and assigns. 1004 JOURNAL OF THE SENATE SECTION 305. That no title shall be conveyed to the City of West Point and, except as herein specifically granted to the city, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of West Point. SECTION 306. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the 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 307. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 308. 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. WEDNESDAY, MARCH 11, 2015 1005 SECTION 309. 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 310. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 311. That the authorization in this resolution to grant the above described easement to the City of West Point shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 312. 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 XXV SECTION 313. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, commonly known as the Walton Fish Hatchery, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 31, 2014, did 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 314. 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 construction, operation, and maintenance of transmission lines and associated equipment along Willow Springs Church Road at Walton Fish Hatchery. Said easement area is located in Walton County and is more particularly described as follows: That approximately 0.7 acre, lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. 1006 JOURNAL OF THE SENATE SECTION 315. That the above described premises shall be used solely for the construction, operation, and maintenance of transmission lines and associated equipment. SECTION 316. 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 construction, operation, and maintenance of transmission lines and associated equipment. SECTION 317. That, after Georgia Power Company has put into use the transmission lines and associated 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, 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 318. 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 319. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. WEDNESDAY, MARCH 11, 2015 1007 SECTION 320. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 321. 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 322. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 323. That this grant of easement shall be recorded by the grantee in the Superior Court of Walton County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 324. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 325. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXVI SECTION 326. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 333rd and 1313th District, G.M., Wayne County, Georgia, commonly known as the Penholoway Swamp Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 1008 JOURNAL OF THE SENATE 31, 2014, did 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 327. That the State of Georgia, acting by and through its State Properties Commission, may grant to Okefenokee Rural Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground power lines and associated equipment for the new Wildlife Resources Division Maintenance Facility at Penholoway Swamp Wildlife Management Area. Said easement area is located in Wayne County and is more particularly described as follows: That approximately 0.28 acre, lying and being in the 333rd and 1313th District, G.M., of Wayne County, Georgia, and that portion only as shown on a drawing furnished by Okefenokee Rural Electric Membership Corporation, 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 328. That the above described premises shall be used solely for the construction, operation, and maintenance of underground power lines and associated equipment. SECTION 329. That Okefenokee Rural 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 construction, operation, and maintenance of underground power lines and associated equipment. SECTION 330. That, after Okefenokee Rural Electric Membership Corporation has put into use the power lines and associated 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, Okefenokee Rural 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 lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 331. That no title shall be conveyed to Okefenokee Rural Electric Membership Corporation and, except as herein specifically granted to Okefenokee Rural Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the WEDNESDAY, MARCH 11, 2015 1009 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 Okefenokee Rural Electric Membership Corporation. SECTION 332. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Okefenokee Rural Electric Membership Corporation 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 the 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 the 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 333. That the easement granted to Okefenokee Rural Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 334. 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 335. 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. 1010 JOURNAL OF THE SENATE SECTION 336. That this grant of easement shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 337. That the authorization in this resolution to grant the above described easement to Okefenokee Rural Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 338. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXVII SECTION 339. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 340. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Davenport Y Dugan Y Fort 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 Jones, H Y Kennedy Y Orrock Y Parent Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C WEDNESDAY, MARCH 11, 2015 1011 Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Kirk Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 50, nays 0. SR 267, having received the requisite constitutional majority, was adopted by substitute. Senator Henson of the 41st was excused for business outside the Senate Chamber. SB 128. By Senators Kennedy of the 18th, Bethel of the 54th, Hill of the 32nd, Jones II of the 22nd and Parent of the 42nd: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 14 of the O.C.G.A., relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone 1012 JOURNAL OF THE SENATE Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. SB 128, having received the requisite constitutional majority, was passed. SB 76. By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Public Safety offered the following substitute to SB 76: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or other lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act." WEDNESDAY, MARCH 11, 2015 1013 SECTION 2. Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, is amended by revising subsections (a) and (e) as follows: "(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code section." "(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected. (2) If a driver has stopped pursuant to the instructions of a traffic-control device and has a reasonable belief that the traffic-control device or signal is inoperative due to the lightweight design of his or her motorcycle or other motor vehicle, the driver may disregard or disobey the instructions of the traffic-control device or signal and proceed through the intersection, provided that: (A) There is no other motor vehicle within 500 feet approaching or entering the same intersection from a different highway, or from the same highway approaching or entering the intersection from the opposite direction; and (B) The driver cautiously proceeds through the intersection with reasonable care and consideration for all other applicable rules of the road. Nothing in this paragraph shall restrict the permissibility of a driver to make a right turn as provided for in paragraph (3) of subsection (a) of Code Section 40-6-21. (3) As used in this subsection, the term 'reasonable belief' means the belief of a reasonable person in consideration of his or her motor vehicle design and the conditions of his or her stop, including but not limited to the type and general understanding of a lightweight nature of his or her motor vehicle and the number of seconds he or she has been stopped or the number of signal changes he or she has observed of the traffic-control device or signal which did not include a change of instruction to him or her." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Shafer of the 48th and Jackson of the 24th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to SB 76 (LC 41 0467S) by replacing line 3 with the following: or bicycle through an inoperative traffic-control signal; to provide for a definition; to provide 1014 JOURNAL OF THE SENATE By replacing line 25 with the following: lightweight design of his or her motorcycle or bicycle, the driver may By replacing lines 36 through 40 with the following: reasonable person in consideration of the conditions of his or her stop, including but not limited to the number of seconds he or she has been stopped or the number of signal changes he or she has observed of the traffic-control device or signal which did not include a change of instruction to him or her." Senator Heath of the 31st offered the following amendment #1a: Amend AM 41 0099 SB 76 by replacing "lightweight design of his or her motorcycle or bicycle" with "vehicle" on line 5. On the adoption of the amendment, the President asked unanimous consent. Senator Jackson of the 24th objected. On the adoption of amendment #1a, the yeas were 19, nays 24, and the Heath amendment #1a to the Shafer, Jackson of the 24th amendment #1 to the committee substitute was lost. On the adoption of amendment #1, there were no objections, and the Shafer, Jackson of the 24th 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan 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 Jones, H Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B WEDNESDAY, MARCH 11, 2015 1015 Y Fort N Ginn N Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 4. SB 76, having received the requisite constitutional majority, was passed by substitute. Senator Harper of the 7th was excused for business outside the Senate Chamber. SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. The Senate Committee on Insurance and Labor offered the following substitute to SB 111: A BILL TO BE ENTITLED AN ACT To amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, is amended by revising Code Section 33-45-1, relating to definitions, as follows: "33-45-1. As used in this chapter, the term: (1) 'Continuing care' means furnishing pursuant to a continuing care agreement: 1016 JOURNAL OF THE SENATE (A) Lodging that is not: (i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-712.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Nursing care provided in a facility or in another setting designated by the agreement for continuing care to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee including skilled or intermediate nursing services and, at the discretion of the continuing care provider, personal care services including, without limitation, assisted living care services designated by the continuing care agreement, including such services being provided pursuant to a contract to ensure the availability of such services to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Such term shall not include continuing care at home. (2) 'Continuing care agreement' means a contract or agreement to provide continuing care or limited continuing care. Agreements to provide continuing care or limited continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (2.1) 'Continuing care at home' means the furnishing of services by a licensed private home care provider pursuant to a continuing care at home agreement at a location other than at a facility and which includes the obligation to provide nursing care, assisted living care, or personal care home services. A continuing care at home agreement may, but is not required to, include an obligation of lodging or food. (3) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident continuing care, limited continuing care, or continuing care upon the purchase of a resident owned living unit; provided, however, that any such initial or deferred payment which is greater than or equal to 12 times the monthly care fee shall be presumed to be an entrance fee so long as such payment is intended to be a full or partial payment to assure the resident lodging in a residential unit. An accommodation fee, admission fee, or other fee of similar form and application greater than or equal to 12 times the monthly care fee shall be considered to be an entrance fee. Such term shall not include any portion of the purchase or sale of a resident owned living unit. (4) 'Facility' means a place which is owned or operated by a provider and provides continuing care or limited continuing care. Such term includes a facility which contains resident owned living units. (5) 'Licensed' means that the provider has obtained a certificate of authority from the department. WEDNESDAY, MARCH 11, 2015 1017 (6) 'Limited continuing care' means furnishing pursuant to a continuing care agreement: (A) Lodging that is not: (i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-712.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Personal services, whether such personal services are provided in a facility such as a personal care home or an assisted living community or in another setting designated by the continuing care agreement, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Such term shall not include continuing care at home. (7) 'Monthly care fee' means the fee charged to a resident for continuing care or limited continuing care on a monthly or periodic basis. Monthly care fees may be increased by the provider to provide care to the resident as outlined in the continuing care agreement. Periodic fee payments or other prepayments shall not be monthly care fees. (8) 'Nursing care' means services which are provided to residents of skilled nursing facilities or intermediate care facilities. (9) 'Personal services' means, but is not limited to, such services as individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. Personal services may be provided at a facility or at a home on or off site of a facility. Personal services shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Personal services provided, if any, shall be designated in the continuing care agreement. (10) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care, or limited continuing care, or continuing care at home for a fixed or variable fee, or for any other remuneration of any type for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (11) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may permit a resident to live at a home on or off site of a facility but shall not be construed to give the resident a part ownership of the 1018 JOURNAL OF THE SENATE facility in which the resident is to reside unless expressly provided for in the agreement. (12) 'Resident owned living unit' means a residence or apartment, the purchase or sale of which is not included in an entrance fee, which is a component part of a facility and in which the resident has an individual real property ownership interest. (13) 'Residential unit' means a residence or apartment in which a resident lives that is not a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, an assisted living community as defined in Code Section 31-7-12.2, or a personal care home as defined in Code Section 31-7-12." SECTION 2. Said chapter is further amended in Code Section 33-45-3, relating to certificate of authority required for operation of continuing care facilities, by adding a new subsection to read as follows: "(c) Nothing in this chapter shall be construed so as to allow private home care services to be provided by any person or entity other than a licensed private home care provider." SECTION 3. Said chapter is further amended by revising Code Section 33-45-7.1, relating to provider authorized to offer continuing care when resident purchases resident owned living unit, as follows: "33-45-7.1. A provider which has obtained a certificate of authority pursuant to Code Section 3345-5 and the written approval of the commissioner is authorized to offer, as a part of the continuing care agreement, continuing care at home or continuing care in which the resident purchases a resident owned living unit, subject to the provisions of Chapters 6 and 7 of Title 31 and rules and regulations promulgated by the Department of Community Health pursuant to such chapters relating to certificate of need and licensure requirements." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 11, 2015 1019 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison E 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 Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 2. SB 111, having received the requisite constitutional majority, was passed by substitute. SR 155. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Bethel of the 54th, Miller of the 49th and others: A RESOLUTION encouraging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes. The 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims 1020 JOURNAL OF THE SENATE Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin N Harbison E Harper Y Heath N Henson Y Hill, H Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 37, nays 17. SR 155, having received the requisite constitutional majority, was adopted. SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others: A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Agriculture and Consumer Affairs offered the following substitute to SB 148: A BILL TO BE ENTITLED AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, 44, 45, 46, and 51 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, WEDNESDAY, MARCH 11, 2015 1021 property, public officers and employees, public utilities and public transportation, and torts, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete 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. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Part 1A of Article 15 of Chapter 1, relating to administrative resolution relative to deceptive or unfair practices, as follows: "Part 1A 10-1-380. As used in this article, the term 'administrator' 'Attorney General' means the person appointed by the Governor pursuant to Code Section 10-1-395 Attorney General or his or her designee. 10-1-381. (a) The administrator Attorney General may file in the superior court of the county in which a person under order resides, or in the county in which the violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of a final order issued pursuant to this article by the administrator Attorney General which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The 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 the court. (b) The administrator Attorney General may file in the superior court of the county in which the person obligated to pay funds over to the administrator Attorney General resides, or in the county in which the violation or alleged violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of any document under which funds are due to the administrator Attorney General based on obligations created in the administration of this article, whether obtained through official action, compromise, settlement, assurance of voluntary compliance, or otherwise, and are delinquent according to the terms of the document creating the obligation, whereupon the court shall render judgment in accordance therewith and notify the parties. The 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 the court. 1022 JOURNAL OF THE SENATE (c) The court shall specify that any funds to be collected under the judgment shall be disbursed by the administrator Attorney General in accordance with the terms of the original order or in accordance with the terms of the original document creating the obligation, subject to the provisions of Code Section 10-1-382. Such funds may have been designated in the original order or in the original document to be applied to consumer restitution, to reimbursement of funds from which investigative expenses were paid, to civil penalties to be disbursed into the consumer preventive education plan, to civil penalties to be disbursed into the state general fund, or any combination thereof. (d) In original orders or original documents the administrator Attorney General may designate that civil penalties shall be applied to the consumer preventive education plan; in that event, such funds shall not be applied in an aggregate amount which is any greater than the amount of funds appropriated for the consumer preventive education plan. Any amount of civil penalties which exceeds the appropriation for the consumer preventive education plan shall be disbursed into the state general fund. (e) All judgments obtained pursuant to this Code section shall be considered delinquent if unpaid 30 calendar days after the judgment is rendered. (f) The administrator Attorney General is authorized to establish a consumer preventive education plan. 10-1-382. (a) In addition to any amount owed under a judgment rendered under Code Section 101-381 or 10-1-397, a delinquent party shall be responsible by operation of law for a collection fee equal to 40 percent of the amount of the judgment as if such collection fee had been included as part of the judgment. The amount of the judgment together with the 40 percent collection fee shall be designated as the amount due. The administrator shall have the authority to contract with private collection agencies to collect any amount due. In the event that such collection agencies are unable to collect any part of such amounts due, the administrator may request that the The Attorney General may contract with collection attorneys to collect all or any remaining part of such amounts due under a judgment rendered under Code Section 10-1-381 or 10-1397. Such collection attorneys shall be paid in the same manner as collection agencies. (b) All funds collected by the collection agency or by the any such collection attorneys shall be remitted to the administrator Attorney General for disbursement. In no event shall the collection agency or attorney be entitled to any compensation in an amount greater than the 40 percent collection fee. (c) The administrator shall remit to the collection agency or to the collection attorney a fee of 10 percent of any amount actually collected by that collection agency or that attorney. (d) After the 10 percent of the funds collected to date has been remitted to the appropriate collection agency or collection attorney, as specified in subsection (c) of this Code section, and up until such time as 100 percent of the judgment has been disbursed in the manner called for in the judgment, the administrator shall disburse the WEDNESDAY, MARCH 11, 2015 1023 remaining 90 percent of the funds collected to date as designated in the judgment. (e) After 100 percent of the funds have been disbursed as designated in the judgment and the collector has also received the collection fee equal to 10 percent of such collected funds, the administrator shall remit to the collection agency or to the collection attorney any of the remaining funds which were actually collected by that collection agency or by that collection attorney; provided, however, in no event shall the total of collection fees disbursed in connection with the collection of the judgment exceed an amount equal to 40 percent of the judgment. (f) The administrator shall render semiannual reports to the Governor on the amounts collected and disbursed. Such reports shall be due on the tenth day of January and the tenth day of July of each year." SECTION 2. Said title of said chapter of said article is further amended by revising Part 2, relating to the 'Fair Business Practices Act of 1975,' as follows: "Part 2 10-1-390. This part shall be known and may be cited as the 'Fair Business Practices Act of 1975.' 10-1-391. (a) The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the state. It is the intent of the General Assembly that such practices be swiftly stopped, and this part shall be liberally construed and applied to promote its underlying purposes and policies. (b) It is the intent of the General Assembly that this part be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. Section 45(a)(1)), as from time to time amended. 10-1-392. (a) As used in this part, the term: (1) 'Attorney General' means the Attorney General or his or her designee. 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the 1024 JOURNAL OF THE SENATE facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (6) 'Consumer' means a natural person. (7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (11) 'Department' means the Department of Human Services. (12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment with respect to any such documentary material. (14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. WEDNESDAY, MARCH 11, 2015 1025 (14.1) 'Food' means articles used for food or drink for human consumption, chewing gum, and articles used for components of any such article. (15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankruptcy sale, save us from bankruptcy sale, insolvency sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (16.1) 'Kosher food disclosure statement' means a statement which: (A) Discloses to consumers practices relating to the preparation, handling, and sale of any unpackaged food, or food packaged at the premises where it is sold to consumers, if the food is represented to be kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision; and (B) Complies with the provisions of subsections (b) through (e) of Code Section 10-1-393.11. (17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 1026 JOURNAL OF THE SENATE of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support. (20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (21) 'Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (24.1) 'Presealed kosher food package' means a food package which bears a kosher symbol insignia and is sealed by the manufacturer, processor, or wholesaler at premises other than the premises where the food is to be sold to the public. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of WEDNESDAY, MARCH 11, 2015 1027 Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 10-1-393 shall not constitute the payment of money. (27.1) 'Representation regarding kosher food' means any direct or indirect statement, whether oral or written, including but not limited to an advertisement, sign, or menu and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision. (28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of this state. (b) An 'intentional violation' occurs when the person committing the act or practice knew that his or her conduct was in violation of this part. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Code Section 10-1-393 after the administrator Attorney General gives notice that the act or practice is in violation of the part shall be prima-facie evidence of intentional violation. For the purposes of this subsection, the administrator Attorney General gives notice that an act or practice is in violation of this part by the adoption of specific rules promulgated pursuant to subsection (a) of Code Section 10-1-394 and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this part; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this state with sufficient assets to respond to a judgment under this part, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the administrator Attorney General. 10-1-393. (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful: (1) Passing off goods or services as those of another; (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another; (4)(A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful: 1028 JOURNAL OF THE SENATE (i) For any nonlocal business to cause to be listed in any local telephone directory a local telephone number for the business if calls to the local telephone number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory or to a tollfree number which does not have a local address and the listing fails to state clearly the principal place of business of the nonlocal business; (ii) For any person operating a business to cause to be listed in any local telephone directory a toll-free number for the business if the listing fails to state clearly the principal place of business of such business; or (iii) For any person to use an assumed or fictitious name in the conduct of such person's business, if the use of such name could reasonably be construed to be a misrepresentation of the geographic origin or location of such person's business. (B) For purposes of this paragraph, the term: (i) 'Local' or 'local area' means the area in which any particular telephone directory is distributed or otherwise provided free of charge to some or all telecommunications services subscribers. (ii) 'Local telephone directory' means any telecommunications services directory, directory assistance data base, or other directory listing which is distributed or otherwise provided free of charge to some or all telecommunications services subscribers in any area of this state and includes such directories distributed by telecommunications companies as well as such directories distributed by other parties. (iii) 'Local telephone number' means any telecommunications services number which is not clearly identifiable as a long-distance telecommunications services number and which has a three-number prefix typically used by the local telecommunications company for telecommunications services devices physically located within the local area. (iv) 'Nonlocal business' means any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question. (v) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (vi) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (vii) 'Telecommunications services subscriber' means a person or entity to whom telecommunications services, either residential or commercial, are provided; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have; (6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another; WEDNESDAY, MARCH 11, 2015 1029 (8) Disparaging goods, services, or business of another by false or misleading representation; (9) Advertising goods or services with intent not to sell them as advertised; (10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions; (12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas; (13) Failure to comply with the following provisions concerning career consulting firms: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm; (B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following: 'The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representative of the seller; (C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.'; (14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his or her legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payor is being billed; (15) Any violation of 49 U.S.C. Sections 32702 through 32704 and any violation of regulations prescribed under 49 U.S.C. Section 32705. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or regulations shall be consumer transactions and consumer acts or practices in trade or commerce; (16) Failure to comply with the following provisions concerning promotions: (A) For purposes of this paragraph, the term: (i) 'Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material. (ii) 'In conjunction with and in immediate proximity to,' when referring to a listing of verifiable retail value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize. (iii) 'Notice' means a communication of the disclosures required by this paragraph 1030 JOURNAL OF THE SENATE to be given to a consumer that has been selected, or has purportedly been selected, to participate in a promotion. If the original notice is in writing, it shall include all of the disclosures required by this paragraph. If the original notice is oral, it shall include all of the disclosures required by this paragraph and shall be followed by a written notice to the consumer of the same disclosures. In all cases, written notice shall be received by the consumer before any agreement or other arrangement is entered into which obligates the consumer in any manner. (iv) 'Participant' means a person who is offered an opportunity to participate in a promotion. (v) 'Promoter' means the person conducting the promotion. (vi) 'Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person. (vii) 'Verifiable retail value,' when referring to a prize, means: (I) The price at which the promoter or sponsor can substantiate that a substantial number of those prizes have been sold at retail by someone other than the promoter or sponsor; or (II) In the event that substantiation as described in subdivision (I) of this division is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize. (A.1) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The written notice must be given to the participant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation, or other presentation, by whatever name denominated. Written notices may be delivered by hand, by mail, by newspaper, or by periodical, or by electronic mail or any other form of electronic, digital, or Internet based communication. Any offer to participate made through any other medium must be preceded by or followed by the required notice at the required time. It is the intent of this paragraph that full, clear, and meaningful disclosure shall be made to the participant in a manner such that the participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presentation to be made in the participant's home; and that this paragraph be liberally construed to effect this purpose. The notice requirements of this paragraph shall be applicable to any promotion offer made by any person in the State of Georgia or any promotion offer made to any person in the State of Georgia; (B) The promotion must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor. The notice shall contain the name and address of the promoter and of the sponsor, as applicable. The promoter and the sponsor may be held liable for any failure to comply with the provisions of this paragraph; (C) A promotion shall be a violation of this paragraph if a person is required to pay any money including, but not limited to, payments for service fees, mailing fees, or handling fees payable to the sponsor or seller or furnish any consideration for the WEDNESDAY, MARCH 11, 2015 1031 prize, other than the consideration of traveling to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize; provided, however, that the payment of any deposit made in connection with an activity described in subparagraph (B) of paragraph (22) of this subsection shall not constitute a requirement to pay any money under this subparagraph; (D) Each notice must state the verifiable retail value of each prize which the participant has a chance of receiving. Each notice must state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as 'odds.' Odds must be stated as the total number of that particular prize which will be given and of the total number of notices. The total number of notices shall include all notices in which that prize may be given, regardless of whether it includes notices for other sponsors. If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not deceive or mislead the participant regarding the participant's chance of receiving the prize. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the written notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed in any manner which requires the participant to refer from one place in the written notice to another place in the written notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals; (E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obligation in lieu of the prize, must be given to the participant at the time the participant is so informed; (F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation has been conspicuously disclosed to the participant in the written notice in at least ten-point boldface type; (G) Except in relation to an activity described in subparagraph (B) of paragraph (22) of this subsection, in no event shall any prize be offered or given which will require the participant to purchase additional goods or services, including shipping fees, handling fees, or any other charge by whatever name denominated, from any person in order to make the prize conform to what it reasonably appears to be in the mailing or delivery, unless such requirement and the additional cost to the participant is clearly disclosed in each place where the prize is listed in the written notice using a statement in the same size type and boldness as the prize listed; (H) Any limitation on eligibility of participants must be clearly disclosed in the 1032 JOURNAL OF THE SENATE notice; (I) Substitutes of prizes shall not be made. In the event the represented prize is unavailable, the participant shall be presented with a certificate which the sponsor shall honor within 30 days by shipping the prize, as represented in the notice, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the sponsor shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the notice; (J) In the event the participant is presented with a voucher, certificate, or other evidence of obligation as the participant's prize, or in lieu of the participant's prize, it shall be the responsibility of the sponsor to honor the voucher, certificate, or other evidence of obligation, as represented in the notice, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obligation fails to honor it as represented in the notice; (K) The geographic area covered by the notice must be clearly stated. If any of the prizes may be awarded to persons outside of the listed geographical area or to participants in promotions for other sponsors, these facts must be clearly stated, with a corresponding explanation that every prize may not be given away by that particular sponsor. If prizes will not be awarded or given if the winning ticket, token, number, lot, or other device used to determine winners in that particular promotion is not presented to the promoter or sponsor, this fact must be clearly disclosed; (L) Upon request of the administrator Attorney General, the sponsor or promoter must within ten days furnish to the administrator Attorney General the names, addresses, and telephone numbers of persons who have received any prize; (M) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners in promotions involving an element of chance must be prominently posted at the place of business or distributed to all participants if the seminar, sales presentation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests; (N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. Except as provided in Code Section 16-12-35 and Article 3 of Chapter 27 of Title 50, any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20 and shall not be permitted under this chapter. Any promotion involving the playing of a no-skill game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator Attorney General may prosecute persons who promote and sponsor promotions which constitute an unlawful lottery or may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of such WEDNESDAY, MARCH 11, 2015 1033 persons who promote and sponsor promotions which constitute an unlawful lottery; (N.1) All prizes offered and awarded shall be noncash prizes only and shall not be redeemable for cash; (O) Any person who participates in a promotion and does not receive an item which conforms with what that person, exercising ordinary diligence, reasonably believed that person should have received based upon the representations made to that person may bring the private action provided for in Code Section 10-1-399 and, if that person prevails, shall be awarded, in addition to any other recovery provided under this part, a sum which will allow that person to purchase an item at retail which reasonably conforms to the prize which that person, exercising ordinary diligence, reasonably believed that person would receive; and (P) In addition to any other remedy provided under this part, where a contract is entered into while participating in a promotion which does not conform with this paragraph, the contract shall be voidable by the participant for ten business days following the date of the participant's receipt of the prize. In order to void the contract, the participant must notify the sponsor in writing within ten business days following the participant's receipt of the prize; (17) Failure to furnish to the buyer of any campground membership or marine membership at the time of purchase a notice to the buyer allowing the buyer seven days to cancel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows: 'Notice to the Buyer Please read this form completely and carefully. It contains valuable cancellation rights. The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice. This cancellation right cannot be waived in any manner by the buyer or buyers. Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and mail by certified mail or statutory overnight delivery, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photocopy of the signed form and your post office receipt. _________________________________________________________________ Seller's Name _________________________________________________________________ Address to which cancellation is to be mailed _________________________________________________________________ I (we) hereby cancel this transaction. _________________________________________________________________ Buyer's Signature _________________________________________________________________ Buyer's Signature 1034 JOURNAL OF THE SENATE _________________________________________________________________ Date _________________________________________________________________ Printed Name(s) of Buyer(s) _________________________________________________________________ Street Address _________________________________________________________________ City, State, ZIP Code' (18) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (17) of this subsection; (19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection; (20)(A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. (B) Advertising to assist debtors whose loan for property the debtors use as a dwelling place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property. (C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase: (i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive; (ii) This contract shall contain a statement in boldface type which complies substantially with the following: 'The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.' This statement shall be signed by the debtor and the buyer; (iii) If a lease or rental agreement is executed in connection with said sale, it shall WEDNESDAY, MARCH 11, 2015 1035 set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and (iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-22, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows: 'Notice to the Seller Please read this form completely and carefully. It contains valuable cancellation rights. The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice. This cancellation right cannot be waived in any manner by the seller or sellers. Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. ______________________________________________________________ Buyer's Name name ______________________________________________________________ Address to which cancellation is to be returned. ______________________________________________________________ I (we) hereby cancel this transaction. ______________________________________________________________ Seller's Signature signature ______________________________________________________________ Seller's Signature signature ______________________________________________________________ Date ______________________________________________________________ Printed Name(s) of Seller(s) name(s) of seller(s) ______________________________________________________________ StreetAddress address ______________________________________________________________ City, State, ZIP Code' (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present: 1036 JOURNAL OF THE SENATE (i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease or as a tenant at will; (21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertisement and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised; (22) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that: (A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or (B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless: (i) The item represented includes all transportation, meals, and lodging; (ii) The representation specifically describes any transportation, meals, or lodging which is not included; or (iii) The representation discloses that a deposit is required to secure a reservation, if that is the case. The provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection; (23) Except in relation to an activity which is in compliance with paragraph (16) or (22) of this subsection, stating, in writing or by telephone, that a person has won, is the winner of, or will win or receive anything of value, unless the person will receive the prize without obligation; (24)(A) Conducting a going-out-of-business sale for more than 90 days. (B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going-out-of-business sale. (C) The prohibitions of this paragraph shall not extend to any of the following: (i) Sales for the estate of a decedent by the personal representative or the personal representative's agent, according to law or by the provisions of the will; (ii) Sales of property conveyed by security deed, deed of trust, mortgage, or WEDNESDAY, MARCH 11, 2015 1037 judgment or ordered to be sold according to the deed, mortgage, judgment, or order; (iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under the seller's control on or belonging to the seller's real or personal estate and not purchased or sold for speculation; (iv) All sales under legal process; (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia; (25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13; (26) With respect to any individual or facility providing personal care services or assisted living care: (A) Any person or entity not duly licensed or registered as a personal care home or assisted living community formally or informally offering, advertising to, or soliciting the public for residents or referrals; or (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, or any assisted living community, as defined in Code Section 31-7-12.2, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services or assisted living care, respectively; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home or assisted living community for services authorized by the Department of Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-27. For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services, and 'assisted living care' includes services provided for in Code Section 31-7-12.2. The provisions of this paragraph shall be enforced following consultation with the Department of Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services; (27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize in a promotion, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, the odds of winning as 'odds'; (28) Any violation of the rules and regulations promulgated by the Department of Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk 1038 JOURNAL OF THE SENATE Reduction Programs, except that the Department of Driver Services shall retain primary jurisdiction over such complaints; (29) With respect to any consumer reporting agency: (A) Any person who knowingly and willfully obtains information relative to a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor; (B) Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be guilty of a misdemeanor; and (C) Each consumer reporting agency which compiles and maintains files on consumers on a nation-wide basis shall furnish to any consumer who has provided appropriate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge; (29.1) With respect to any credit card issuer: (A) A credit card issuer who mails an unsolicited offer or solicitation to apply for a credit card and who receives by mail a completed application in response to the solicitation which lists an address that is not substantially the same as the address on the solicitation may not issue a credit card based on that application until steps have been taken to verify the applicant's valid address to the same extent required by regulations prescribed pursuant to subsection (l) of 31 U.S.C. Section 5318. Any person who violates this paragraph commits an unlawful practice within the meaning of this Code section; and (B) Notwithstanding subparagraph (A) of this paragraph, a credit card issuer, upon receiving an application, may issue a credit card to a consumer or commercial customer with whom it already has a business relationship provided the address to which the card is mailed is a valid address based upon information in the records of the credit card issuer or its affiliates; (30) With respect to any individual or facility providing home health services: (A) For any person or entity not duly licensed by the Department of Community Health as a home health agency to regularly hold itself out as a home health agency; or (B) For any person or entity not duly licensed by the Department of Community Health as a home health agency to utilize the words 'home health' or 'home health services' in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words 'home health' or 'home health services' in conjunction with the words 'equipment,' 'durable medical equipment,' 'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion therapy,' or 'supplies' in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the category 'home health services' in any advertising publication which divides its advertisements into categories, provided that: WEDNESDAY, MARCH 11, 2015 1039 (i) The advertisement is not placed in the category with the intent to mislead or deceive; (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and (iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term 'home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Community Health; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies Attorney General; (30.1) Failing to comply with the following provisions in connection with a contract for health care services between a physician and an insurer which offers a health benefit plan under which such physician provides health care services to enrollees: (A) As used in this paragraph, the term: (i) 'Enrollee' means an individual who has elected to contract for or participate in a health benefit plan for that individual or for that individual and that individual's eligible dependents and includes that enrollee's eligible dependents. (ii) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any managed care plan. (iii) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state. (iv) 'Patient' means a person who seeks or receives health care services under a health benefit plan. (v) 'Physician' means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43. (B) Every contract between a physician and an insurer which offers a health benefit plan under which that physician provides health care services shall be in writing and shall state the obligations of the parties with respect to charges and fees for services covered under that plan when provided by that physician to enrollees under that plan. Neither the insurer which provides that plan nor the enrollee under that plan shall be liable for any amount which exceeds the obligations so established for such covered services. (C) Neither the physician nor a representative thereof shall intentionally collect or attempt to collect from an enrollee any obligations with respect to charges and fees for which the enrollee is not liable and neither such physician nor a representative thereof may maintain any action at law against such enrollee to collect any such obligations. (D) The provisions of this paragraph shall not apply to the amount of any deductible or copayment which is not covered by the health benefit plan. 1040 JOURNAL OF THE SENATE (E) This paragraph shall apply to only such health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after July 2, 2001; (31) With respect to telemarketing sales: (A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber. Nothing in this paragraph shall be construed to: (i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or (ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a)(3), the Federal Telemarketing Sales Rule. (B) For purposes of this paragraph, the term: (i) 'Covered communication' means any unsolicited telephone call or telephone call arising from an unsolicited telephone call shall have the same meaning as the term 'telemarketing' in subsection (a) of Code Section 10-1-393.5. (ii) 'Electronic record' means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a residential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limitation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations. (iii) 'Residential subscriber' means any person who has subscribed to residential phone service from a local exchange company or the other persons living or residing with such person. (iv) 'Seller or telemarketer' means any person or entity making a covered communication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of conducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase; (32) Selling, marketing, promoting, advertising, providing, or distributing any card or other purchasing mechanism or device that is not insurance or evidence of insurance coverage and that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same or making any representation or statement that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same, when: WEDNESDAY, MARCH 11, 2015 1041 (A) Such card or other purchasing mechanism or device does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance; or (B) Such discounts or access to such discounts are not specifically authorized under a separate contract with a provider of health care goods or services to which such discounts are purported to be applicable; (33)(A) For any person, firm, partnership, association, or corporation to issue a gift certificate, store gift card, or general use gift card without: (i) Including the terms of the gift certificate, store gift card, or general use gift card in the packaging which accompanies the certificate or card at the time of purchase, as well as making such terms available upon request; and (ii) Conspicuously printing the expiration date, if applicable, on the certificate or card and conspicuously printing the amount of any dormancy or nonuse fees on: (I) The certificate or card; or (II) A sticker affixed to the certificate or card. A gift certificate, store gift card, or general use gift card shall be valid in accordance with its terms in exchange for merchandise or services. (B) As used in this paragraph, the term: (i) 'General use gift card' means a plastic card or other electronic payment device which is usable at multiple, unaffiliated merchants or service providers; is issued in an amount which amount may or may not be, at the option of the issuer, increased in value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis by a consumer; and is honored upon presentation by merchants for goods or services. (ii) 'Gift certificate' means a written promise that is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and cannot be increased in value on the face thereof; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo. (iii) 'Store gift card' means a plastic card or other electronic payment device which is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and may or may not be increased in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo; and (34) For any person, firm, partnership, business, association, or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the Internal Revenue Service for fraudulent purposes and in violation of federal law. (c) A seller may not by contract, agreement, or otherwise limit the operation of this part notwithstanding any other provision of law. 1042 JOURNAL OF THE SENATE (d)(1) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's Attorney General or the Attorney General's employees. (2) Nothing contained in this subsection shall be construed: (A) To prevent the administrator Attorney General from disclosing the complainant's identity if the administrator Attorney General believes that disclosure will aid in resolution of the complaint; (B) To prohibit any valid discovery under the relevant discovery rules; or (C) To prohibit the lawful subpoena of such information. 10-1-393.1. (a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices by office suppliers in the conduct of office supply transactions are declared unlawful: (1) Passing off goods or services as those of another; (2) Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person; (3) Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses; (4) Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property; (5) Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true; (6) Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders; (7) Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction; (8) Falsely representing that there is an imminent price increase; (9) Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering; or (10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or WEDNESDAY, MARCH 11, 2015 1043 greater than any other type size and boldness on the form the words: 'THIS IS NOT A BILL. THIS IS A SOLICITATION.' (B) For the purposes of this paragraph, the term 'telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. (c) An office supplier may not by contract, agreement, or otherwise limit the operation of this part, notwithstanding any other provision of law. 10-1-393.2. (a) Health spas shall comply with the provisions of this Code section. (b) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution and which shall show the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which has a term in excess of 36 months. Contracts may be renewable at the end of each 36 month period of time at the option of both parties to the contract. (c) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services. (d) The contract shall state clearly on its face the cancellation and refund policies of the seller. (e) The health spa member shall have the right to cancel the contract within seven business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice before 12:00 Midnight of the seventh business day after the date of the signing of the contract or by hand delivering the notice of cancellation to the health spa before 12:00 Midnight of the seventh business day following the date of the signing of the contract. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $100.00. The preparation of any documents shall not be construed to be services; provided, however, that any documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subsection. Each health spa contract shall contain the following paragraphs separated from all other paragraphs: 'You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: 1044 JOURNAL OF THE SENATE _________________________________________________________________ Name of health spa _________________________________________________________________ Street address Address _________________________________________________________________ City, State, ZIP Code Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on (date) , , and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.' The health spa shall fill in the blank spaces in the above paragraph before the consumer signs the contract. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail or statutory overnight delivery to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facilities or services. (f) In the event a health spa no longer offers a substantial service which was offered at the time of the initiation of the contract, or in the event a health spa which previously limited its membership to members of one sex should become coeducational or one which was previously coeducational should become limited to members of one sex, the member shall have 30 days from the time the member knew or should have known of the change to cancel the remainder of the membership and receive a refund. The refund shall be calculated by dividing the total cost of the membership by the total number of months under the membership and refunding the monthly cost for any months or fractions of months remaining under the membership. The contract shall contain a clause in at least ten-point boldface type which reads as follows: 'You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending WEDNESDAY, MARCH 11, 2015 1045 a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested.' The provisions of this subsection shall not apply in any instance where a court has ordered that a change be made in the sexual character of the health spa. The administrator Attorney General is authorized upon petition to issue a declaratory ruling under Code Section 50-13-11 as to whether any planned change in a health spa is a substantial change or whether alternate locations are substantially similar under this Code section. Such declaratory rulings shall be subject to review as under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) Every contract for health spa services shall contain a clause providing that if the member becomes totally and permanently disabled during the membership term, he may cancel his or her contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, 'total and permanent disability' means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition. (h) The health spa contract shall state that if a consumer has a history of heart disease, he should consult a physician before joining a spa. (i) Every health spa contract shall comply with either paragraph (1) or paragraph (2) of this subsection: (1)(A) The written contract used shall contain the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.' (B) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract. (C) There can be no payments of any type, including, but not limited to, down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the equal monthly installment payments. (D) There can be no complimentary, compensatory, or other extensions of the term incident to the term of the contract, including but not limited to a promise of lifetime renewal for a minimal annual fee, provided that an agreement of both parties to extend the term of the contract to compensate for time during which the member could not fully utilize the spa due to a temporary physical or medical condition arising after the member joined shall not be considered to bring the spa into noncompliance under this paragraph; or 1046 JOURNAL OF THE SENATE (2)(A) The written contract used shall contain the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.' (B) The written contract shall contain the following statement in boldface type which is larger and bolder than any other type which is in the contract and in at least 14 point boldface, which statement must be separately signed by the consumer: 'NOTICE State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.' (j) An alternate location for a health spa shall not be considered substantially similar if: (1) The original facility was limited to use by members of one sex and the alternate facility is used by members of both sexes; (2) The original facility was for use by members of both sexes and the alternate facility's use is limited to members of one sex; or (3) The size, facilities, equipment, or services available to the member at the alternate location are not substantially equal to or do not exceed the size, facilities, equipment, or services available to the member at the health spa location at which the contract was entered into. (k) Every contract for health spa services shall contain a clause providing that if the member dies during the membership term or any renewal term, his or her estate may cancel the contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The contract may require the member's estate seeking relief under this subsection to provide reasonable proof of death. (l)(1) A health spa shall not enter or offer to enter into a health spa agreement with a consumer unless the health spa is fully operational and available for use. (2) For purposes of this subsection, 'fully operational and available for use' means that all of the facilities, equipment, or services which are promised at the time of entering into the membership contract are operational and available for use at that time. Nothing contained in this subsection shall be construed to prohibit a health spa from selling a membership for existing services and facilities at a location under construction which can be converted at a later date to a membership for additional services and facilities, provided that: (A) The additional services and facilities are fully operational and available for use at the time of the conversion; (B) Additional consideration, other than just a nominal consideration, is required WEDNESDAY, MARCH 11, 2015 1047 from the consumer under the terms of the conversion; and (C) The member has until seven days following the date the additional consideration or a part of the additional consideration becomes due and owing to cancel the remainder of the contract and receive a refund computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months remaining under the membership term. (3) The provisions of this subsection shall not apply if all of the following conditions are met: (A) The health spa has submitted forms prescribed by the administrator Attorney General requiring, in addition to whatever other information the administrator Attorney General may require, as much detail as to the size, facilities, equipment, or services to be provided as the administrator Attorney General may require; (B) The health spa has obtained the approval in writing of the administrator Attorney General to sell memberships to a health spa before it is fully operational and available for use; (C) The health spa has agreed in writing with the administrator Attorney General, on forms prescribed by the administrator Attorney General, to deposit all funds obtained by selling memberships before a health spa is fully operational and available for use in a single account in a bank or trust company domiciled in the State of Georgia. Such deposits are to be held in safekeeping for release only upon authorization of the administrator Attorney General. The bank or trust company must be approved by the administrator Attorney General. The administrator Attorney General may consult with the commissioner of banking and finance or with any of the employees of the commissioner of banking and finance regarding whether the bank or trust company should be approved and may disapprove the bank or trust company if he or she has reason to believe any deposits into the account might not be secure; (D) Each deposit to the single account established under this paragraph shall be identified by the name and address of the individual who purchased the membership. The bank or trust company and the health spa shall maintain a list of the deposits, their amount, and the name and address of the membership purchaser, which list shall be available to the administrator Attorney General or for inspection or copying by the administrator's employees upon request Attorney General; (E) The condition of the account established under this paragraph shall be that no funds shall be released from the account to any person unless the administrator Attorney General has certified in writing to the bank or trust company that either the health spa is fully operational and available for use or that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use in accordance with the documents submitted to the administrator Attorney General or in accordance with representations made to membership purchasers. No action may be maintained in any court against the administrator Attorney General or any of his or her employees 1048 JOURNAL OF THE SENATE for any determination or as a consequence of any determination made by the administrator under this subparagraph unless the administrator's determination was a willful and wanton abuse of discretion given the facts and circumstances actually provided to the administrator in making this determination Attorney General under this subparagraph. Nothing contained or implied in this subparagraph shall operate or be construed or applied to deprive the Attorney General or any employee of any immunity, indemnity, benefits of law, rights, or any defense otherwise available by law; (F) If the administrator Attorney General certifies to the bank or trust company that the health spa is fully operational and available for use, then the funds in the account shall be released to the health spa, along with any accrued interest. If the administrator Attorney General certifies to the bank or trust company that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use, then the funds in the account shall be released to the administrator Attorney General on behalf of the individuals who purchased memberships prior to the health spa's being fully operational and available for use. Any accrued interest on the account shall be paid on a pro rata basis to the membership purchasers; (G) Any costs imposed by the bank or trust company for administering the account shall be borne by the health spa; and (H) The member shall have until seven business days following the date upon which the health spa becomes fully operational and available for use to cancel the contract and receive a full refund of any payments and the cancellation of any evidence of indebtedness, provided that the member shall be liable for the fair market value of any services actually received, which in no event shall exceed $50.00. The preparation of any documents shall not be construed to be services; provided, however, that all documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subparagraph. (m) All moneys due the consumer under contracts canceled for the reasons contained in this Code section shall be refunded within 30 days of receipt of such notice of cancellation. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer, except in the case of a deceased member. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail or statutory overnight delivery to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on WEDNESDAY, MARCH 11, 2015 1049 which the consumer uses the facility or services. (n) Any contract which does not comply with this Code section shall be void and unenforceable; no purchaser of any note associated with or contained in any health spa contract shall make any attempt to collect on the note or to report the buyer as delinquent to any consumer reporting or consumer credit reporting agency if there has been any violation by the health spa of subsections (b) through (m) or of subsection (o) of this Code section. Any attempt by any purchaser or by any agent of any purchaser to collect on the note or to report the buyer as delinquent as described in this subsection shall be considered an unfair and deceptive act or practice as provided in Code Section 10-1-393. (o) After November 15, 1989, no health spa contract shall be valid or enforceable unless the health spa operator has on file a statement signed by the administrator or his designee Attorney General certifying that a copy of the contract is on file with the administrator Attorney General and is in compliance with this part. Health spas may begin submitting a copy of their contract for approval by the administrator Attorney General on July 1, 1989, and shall submit all contract changes thereafter for approval prior to entering or offering to enter into that contract with a consumer. In addition to any action which may be taken by the administrator Attorney General under this part, and in addition to any recovery of a consumer in the private action provided for under this part, any consumer who has entered into a contract which has not been approved by the administrator Attorney General prior to the date of the contract shall be entitled to recover as an additional penalty an amount equal to any amount paid plus any amount claimed owing on the contract. (p) In addition to any other penalties provided for in this part, any person who operates or aids or assists in the operation of a health spa in violation of any of the provisions of subsection (i) or (o) of this Code section shall be guilty of a misdemeanor. Each day of operation of a health spa in violation of subsection (i) or (o) shall be considered a separate and distinct violation. In addition to any other penalties provided in this part, any person who violates subsection (l) of this Code section shall be guilty of a felony. Each sale of a membership in violation of subsection (l) of this Code section shall be considered a separate and distinct violation. Each failure to place properly all of the funds generated from a particular membership agreement into a properly approved and established trust account shall be considered a separate and distinct violation. 10-1-393.3. (a) As used in this Code section, the term 'merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant. (b) A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card. (c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the 1050 JOURNAL OF THE SENATE purchaser as a condition of acceptance of such check or draft as payment for a purchase. (d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase. (e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part. (f) This Code section shall not prohibit a merchant from: (1) Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant; (2) Requesting a purchaser to display a credit or charge card as a means of identification or as an indication of credit worthiness or financial responsibility; (3) Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or (4) Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods or for special orders of consumer goods or services. (g) This Code section shall not require acceptance of a check or draft because a credit card is presented. 10-1-393.4. (a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the Governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency. WEDNESDAY, MARCH 11, 2015 1051 10-1-393.5. (a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term 'telemarketing' shall also include those calls made in intrastate as well as interstate commerce. (b) Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, it shall be unlawful for any person who is engaged in telemarketing, any person who is engaged in any activity involving or using a computer or computer network, or any person who is engaged in home repair work or home improvement work to: (1) Employ any device, scheme, or artifice to defraud a person, organization, or entity; (2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or (3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. (b.1)(1) As used in this subsection, the term: (A) 'Photograph' means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency. (B) 'Subject individual' means an individual who was arrested and had his or her photograph taken and: (i) Access to his or her case or charges was restricted pursuant to Code Section 35-3-37; (ii) Prior to indictment, accusation, or other charging instrument, his or her case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and the offense against such individual was closed by the arresting law enforcement agency; (iii) Prior to indictment, accusation, or other charging instrument, the statute of limitations expired; (iv) Prior to indictment, accusation, or other charging instrument, his or her case was referred to the prosecuting attorney but was later dismissed; (v) Prior to indictment, accusation, or other charging instrument, the grand jury returned two no bills; (vi) After indictment or accusation, all charges were dismissed or nolle prossed; (vii) After indictment or accusation, the individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; or (viii) The individual was acquitted of all of the charges by a judge or jury. (2) Any person who is engaged in any activity involving or using a computer or computer network who publishes on such person's publicly available website a subject individual's arrest booking photograph for purposes of commerce shall be deemed to 1052 JOURNAL OF THE SENATE be transacting business in this state. Within 30 days of the sending of a written request by a subject individual, including his or her name, date of birth, date of arrest, and the name of the arresting law enforcement agency, such person shall, without fee or compensation, remove from such person's website the subject individual's arrest booking photograph. Such written request shall be transmitted via certified mail, return receipt requested, or statutory overnight delivery, to the registered agent, principal place of business, or primary residence of the person who published the website. Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, a failure to comply with this paragraph shall be unlawful. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (5) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section. (d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection (b) of this Code section shall be subject to an additional civil penalty, as provided in Code Section 10-1-851. (e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator Attorney General, and notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article. (f) The administrator Attorney General shall be authorized to promulgate procedural rules relating to his or her enforcement duties under this Code section. 10-1-393.6. (a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5. (b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to: (1) In connection with a telemarketing transaction, request a fee in advance to WEDNESDAY, MARCH 11, 2015 1053 remove derogatory information from or improve a person's credit history or credit record; (2) Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or (3) In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (5) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section. 10-1-393.7. (a) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such other's final illness or during the final illness of any other person for the purpose of persuading a person who is suffering from his or her final illness or a person acting on behalf of such person to seek refund of moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise. (b) In addition to any other penalty imposed for the violation of this Code section, the administrative agency which issues a finding of violation shall order the violator to pay restitution in the amount of the refund to the person, corporation, partnership, or other legal entity which refunded moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise. 10-1-393.8. (a) Except as otherwise provided in this Code section, a person, firm, or corporation shall not: (1) Publicly post or publicly display in any manner an individual's social security number. As used in this Code section, 'publicly post' or 'publicly display' means to intentionally communicate or otherwise make available to the general public; (2) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; or (3) Require an individual to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other 1054 JOURNAL OF THE SENATE authentication device is also required to access the Internet website. (b) This Code section shall not apply to: (1) The collection, release, or use of an individual's social security number as required by state or federal law; (2) The inclusion of an individual's social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile: (A) As part of an application or enrollment process; (B) To establish, amend, or terminate an account, contract, or policy; or (C) To confirm the accuracy of the individual's social security number; (3) The use of an individual's social security number for internal verification or administrative purposes; or (4) An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's social security number. (c) This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service. (d) Notwithstanding the provisions of this Code section, the clerks of superior court of this state and the Georgia Superior Court Clerks' Cooperative Authority shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individual's social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection. 10-1-393.9. (a) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. (b) An application for registration shall be accompanied by a surety bond filed, held, and approved by the Secretary of State, and the surety bond shall be: (1) Issued by a surety authorized to do business in this state; (2) In the amount of $50,000.00; (3) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (4) Conditioned on the private child support collector's compliance with this Code section and Code Section 10-1-393.10 and the faithful performance of the obligations under the private child support collector's agreements with its clients. (c) In lieu of a surety bond, the Secretary of State may accept a deposit of money in the amount of $50,000.00. The Secretary of State shall deposit any amounts received under this subsection in an insured depository account designated for that purpose. WEDNESDAY, MARCH 11, 2015 1055 10-1-393.10. (a) Any contract for the collection of child support between a private child support collector and an obligee shall be filed by the private child support collector with the Governor's Office of Consumer Affairs office of the Attorney General. (b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by such private child support collector and obligee. The contract shall include: (1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by the private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted; (4) A statement that fees shall only be charged for collecting past due child support, although the contract may include provisions to collect current and past due child support; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained; (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of the private child support collector; (8) A statement that the private child support collector shall only collect money owed to the obligee and not child support assigned to the State of Georgia; (9) A statement that the private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or an obligee notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations 1056 JOURNAL OF THE SENATE reasonably calculated to create a false impression or mislead an obligee into believing the private child support collector is affiliated with the department or any other governmental entity; (4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that the private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than the total sum of arrearages and the statutory interest owed as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be cancelled or terminate if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which the private child support collector fails to make a collection; (3) The private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) When it reasonably appears to the administrator Attorney General that a private child support collector has contracted with obligees on or after July 1, 2009, using a contract that is not in compliance with this Code section, the administrator Attorney General may demand pursuant to Code Section 10-1-403 that such private child support collector produce a true and accurate copy of each such contract. If such private child WEDNESDAY, MARCH 11, 2015 1057 support collector fails to comply or the contracts are determined by the administrator Attorney General to not be compliant with the provisions of this Code section, the administrator Attorney General may utilize any of the powers vested in this part to ensure compliance. (f) Upon the request of an obligee, the Child Support Enforcement Agency of the department shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section and Code Section 10-1-393.9. (g) The remedies provided in this part shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (h) Any waiver of the rights, requirements, and remedies provided by this Code section that are contained in a contract between a private child support collector and an obligee violates public policy and shall be void. 10-1-393.11. (a) A person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold, in a location readily visible to the consumer, a completed kosher food disclosure statement which shall be updated within 14 days of any changes in the information required by subsections (b) through (e) of this Code section. (b) A kosher food disclosure statement shall set forth the name and address of the establishment to which it applies and the date on which it was completed. (c) A kosher food disclosure statement shall state in the affirmative or negative whether the person: (1) Operates under rabbinical or other kosher supervision; (2) Sells or serves only food represented as kosher; (3) Sells or serves food represented as kosher, as well as food not represented as kosher; (4) Sells or serves meat, dairy, and pareve food; (5) Sells or serves only meat and pareve food; (6) Sells or serves only dairy and pareve food; (7) Sells or serves meat and poultry represented as kosher only if it is slaughtered under rabbinical or other kosher supervision and identified at the slaughterhouse to be sold as kosher; (8) Represents kosher meat sold as 'Glatt kosher' or 'Glatt'; (9) Sells or serves seafood only if it has or had fins and removable scales; (10) Keeps separate meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; (11) Uses separate utensils for meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; (12) Uses separate work areas for meat and poultry represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; 1058 JOURNAL OF THE SENATE (13) Sells or serves wine represented as kosher only if it has rabbinical supervision; (14) Sells or serves cheese represented as kosher only if it has rabbinical supervision; (15) Sells or serves food represented as kosher for Passover; (16) Uses separate utensils for food represented as kosher for Passover and food not represented as kosher for Passover; (17) Uses separate work areas for food represented as kosher for Passover and food not represented as kosher for Passover; (18) Keeps food represented as kosher for Passover free from and not in contact with food not represented as kosher for Passover; and (19) Prepares food represented as kosher for Passover under rabbinical or other kosher supervision. (d) If a kosher food disclosure statement has an affirmative response to the question contained in paragraph (15) of subsection (c) of this Code section, responses to the questions contained in paragraphs (16) through (19) shall be required; otherwise, such responses shall not be required. (e) A person who represents to the public that any unpackaged food for sale or a place of business is under rabbinical or other kosher supervision shall also provide in the kosher food disclosure statement the following information about the rabbinical or other kosher supervision: (1) The name of the supervising rabbi, agency, or other person; (2) The address of the supervising rabbi, agency, or other person; (3) The telephone number of the supervising rabbi, agency, or other person; (4) The frequency with which the supervising rabbi, agency, or other person visits the establishment; and (5) Any relevant affiliations of the supervising rabbi, agency, or other person that the person making the disclosure wishes to disclose. (f) The administrator Attorney General shall promulgate a form for the kosher food disclosure statement and any additional information that the administrator Attorney General deems reasonable and necessary for full and complete disclosure. The completion and prominent and conspicuous display of such form shall constitute compliance with subsections (b) through (e) of this Code section. (g) No person shall display a kosher food disclosure statement or other written document stating that a rabbi, agency, or other person certifies food or a place of business as kosher or kosher for Passover if no such certification is being provided. The person making the display shall remove the statement or document if the rabbi, agency, or other person sends a notice via certified mail or statutory overnight delivery directed to the person making the display that no such certification is being provided. (h) It shall be unlawful for any person to: (1) Fail to complete and prominently and conspicuously display a kosher food disclosure statement as required by this Code section; (2) Otherwise fail to comply with this Code section; or (3) Knowingly or intentionally, with intent to defraud, make a false affirmation or disclosure in a kosher food disclosure statement. WEDNESDAY, MARCH 11, 2015 1059 (i) This Code section shall not apply to: (1) Food sold in a presealed kosher food package; or (2) Food represented as 'kosher-style' or 'kosher-type.' 10-1-393.12. (a) As used in this Code section, the term: (1) 'Residential real estate' means a new or existing building constructed for habitation by one to four families, including detached garages. (2) 'Residential roofing contractor' means a person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems. (3) 'Roof system' means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation. (b) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day after the insured has received written notice from the insurer that all or any part of the claim or contract is not a covered loss under such insurance policy. Cancellation shall be evidenced by the insured giving written notice of cancellation to the residential roofing contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the residential roofing contractor. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract. (c) Before entering a contract as provided in subsection (b) of this Code section, the residential roofing contractor shall: (1) Furnish the insured a statement in boldface type of a minimum size of ten points, in substantially the following form: 'You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right'; and (2) Furnish each insured a fully completed form in duplicate, captioned 'NOTICE OF CANCELLATION,' which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of ten points the following statement: 'NOTICE OF CANCELLATION' If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at (address of contractor's place of business) at 1060 JOURNAL OF THE SENATE any time prior to midnight on the fifth business day after you have received such notice from your insurer. I HEREBY CANCEL THIS TRANSACTION _________________________________________________________________ Date (date) _________________________________________________________________ Insured's (insured's signature). (d) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the residential roofing contractor shall be entitled to collect the amount due for the emergency services at the time they are rendered. Any provision in a contract as provided in subsection (b) of this Code section that requires the payment of any fee for anything except emergency services shall not be enforceable against any insured who has canceled a contract under this Code section. (e) A residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems. This subsection shall not apply to a public adjuster licensed under Chapter 23 of Title 33. 10-1-393.13. (a) As used in this Code section, the term: (1) 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (3) 'Caller identification service' means a type of telephone service which permits subscribers to see the telephone number of incoming telephone calls. (4) 'In this state' means the call: (A) Originates from this state; or (B) Is directed by the caller to this state and received at the place to which it is directed. (5) 'Subscriber' means a person or business that has subscribed to telephone service from a local exchange company or mobile, wireless, or other telephone service provider or other persons living, residing, or working with such person or business. (6) 'Telephone solicitation' means any voice communication from a live operator, through the use of ADAD equipment or by other means, over a telephone line or WEDNESDAY, MARCH 11, 2015 1061 computer network for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services or donation to any organization, but shall not include communications: (A) To any subscriber with that subscriber's prior express invitation or permission; (B) By or on behalf of any person or entity with whom a subscriber has a prior or current business or personal relationship; or (C) Which convey a political message. (b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, in connection with a telephone solicitation: (1) At the beginning of such call, the person or entity making the call shall state clearly the identity of the person or entity initiating the call; (2) No person or entity who makes a telephone solicitation to the telephone line of a subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service; (3) The telephone number displayed on the caller identification service shall be a working telephone number capable of receiving incoming calls at the time the call is placed; and (4) The identity of the caller displayed on the caller identification service shall accurately reflect the identity of the caller. (c) Notwithstanding Code Section 10-1-399, a claim of a violation of this Code section may be brought in a representative capacity and may be the subject of a class action under Code Section 9-11-23. Damages for such violation shall be the greater of actual damages or $10.00 per violation. 10-1-394. (a) The administrator Attorney General is authorized to adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this part and prohibit specific acts or practices that are deemed to be a violation of this part. The Attorney General is also authorized to adopt as substantive rules that prohibit specific acts or practices in violation of Code Section 10-1-393 those rules and regulations of the Federal Trade Commission interpreting Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. Section 45(a)(1)), as from time to time amended. (b) Such rules shall be promulgated only when it is determined by the administrator, in the reasonable exercise of his discretion, on the basis of his expertise and facts, submissions, evidence, and all information before him, that such rules are needed to prohibit or control acts or practices which create the probability of actual and substantial injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with the rule will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion. (c)(b) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply 1062 JOURNAL OF THE SENATE to the promulgation of rules and regulations by the administrator Attorney General pursuant to subsection (a) of this Code section and in taking testimony pursuant to Code Sections 10-1-403 and 10-1-404. (d) The Consumer Advisory Board shall be authorized to ratify or veto rules promulgated by the administrator at its next regular meeting after the rules are promulgated by the administrator under the provisions of Chapter 13 of Title 50. 10-1-395. (a) The Attorney General shall have the necessary powers and authority to carry out the duties vested in him or her pursuant to this title. Any authority, power, or duty vested in the Attorney General by any provision of this title and Code Section 46-5-27 may be exercised, discharged, or performed by any employee of the office of the Attorney General acting in the Attorney General's name and by his or her delegated authority. The Attorney General shall be responsible for the official acts of such persons who act in his or her name and by his or her authority. The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services). (b)(1) A Consumer Advisory Board is created whose duty it shall be to advise and make recommendations to the administrator Attorney General. The board shall consist of 15 members with the administrator or his designee to serve as the ex officio member. The members of this board shall be appointed by the Governor. Appointments of members of this board made after July 1, 2015, shall be made by the Attorney General; however, the Attorney General shall not be an appointee. One member shall be appointed from each congressional district and the remaining members shall be appointed from the state at large. At least four members shall be attorneys representing consumers' interests and two of these consumers' attorneys shall represent Georgia Indigent Legal Services or any other legal aid society. At least four members shall be representatives of the business community, two of which are recommended by the Georgia Retail Association and two recommended for appointment by the Business Council of Georgia, Inc. (2)(A) On and after July 1, 1983, the Consumer Advisory Board shall consist of 15 members who shall be appointed by the Governor as provided in this paragraph. The initial terms of those members other than the ex officio member shall be as follows: five members shall be appointed to serve for a term ending July 1, 1984; five members shall be appointed to serve for a term ending July 1, 1985; and five members shall be appointed for a term ending July 1, 1986. Thereafter, all All members appointed to the board by the Governor Attorney General shall be appointed for terms of three years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor Attorney General shall be for the WEDNESDAY, MARCH 11, 2015 1063 remainder of the unexpired term of such member. (B) The first members appointed under this paragraph shall be appointed for terms which begin July 1, 1983. The members of the Consumer Advisory Board serving on April 1, 1983, shall remain in office until June 30, 1983, and until their successors are appointed. (3) The board shall elect its chairman and shall meet not less than once every four calendar months at a time and place specified in writing by the administrator Attorney General. The board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purpose of conducting routine or special business. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his or her responsibilities. (4) The board shall assist the administrator Attorney General in an advisory capacity in carrying out the duties and functions of the office concerning: (A) Policy matters relating to consumer interests; and (B) The effectiveness of the state consumer programs and operations. (5) The board shall make recommendations concerning: (A) The improvement of state consumer programs and operations; (B) The elimination of duplication of effort; (C) The coordination of state consumer programs and operations with other local and private programs related to consumer interests; (D) Legislation needed in the area of consumer protection; and (E) Avoidance of unnecessary burdens on business, if any, resulting from the administration of this part. (6) The board shall make a written report to the Governor not less frequently than at the end of each calendar year on its activities and the administration of this part, with such recommendations for changes, if any, as the board deems proper. (c) The administrator Attorney General shall receive all complaints under this part. He and shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation. (d) Any official of this state receiving a complaint or inquiry as provided in subsection (c) of this Code section shall advise the administrator Attorney General of his or her action with respect to the complaint or inquiry. (e) All officials and agencies of this state having responsibility under this part are authorized and directed to consult and assist one another in maintaining compliance with this part. (f) In the event a person holding a professional license as defined in Chapter 4 of Title 26 or in Title 43 shall be determined by the administrator Attorney General to be operating a business or profession intentionally, persistently, and notoriously in a manner contrary to this part, the Secretary of State, at the instruction of the 1064 JOURNAL OF THE SENATE administrator Attorney General, shall begin proceedings to revoke such professional license. (g) The administrator Attorney General shall not be authorized to exercise any powers granted in this part against a person regulated by an agency or department listed in subsection (c), subsection (d), or subsection (e) of this Code section with regard to conduct specifically approved or prohibited by such agency or department if such agency or department certifies to the administrator Attorney General that the exercise of such powers would not be in the public interest. (h) On December 31 of each year the administrator shall make a written report to the Governor summarizing the types and numbers of complaints received and the dispositions concerning these complaints by his office. (i)(h) Nothing contained in this part shall be construed as repealing, limiting, or otherwise affecting the existing powers of the various regulatory agencies of the State of Georgia except that all agencies of this state, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the situation in the light of the policies expressed by this part. 10-1-396. Nothing in this part shall apply to: (1) Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this state or the United States; (2) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, 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 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 advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service. 10-1-397. (a) As used in this Code section, the term: (1) 'Call' means any communication, message, signal, or transmission. (2) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (3) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (b) Whenever it may appear to the administrator Attorney General that any person is using, has used, or is about to use any method, act, or practice declared by this part or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings WEDNESDAY, MARCH 11, 2015 1065 would be in the public interest, whether or not any person has actually been misled, the administrator Attorney General may: (1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed, take any or all of the following actions: (A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty of up to a maximum of $2,000.00 per violation; or (C) Issue an order requiring a person whose actions are in violation of this part to pay restitution to any person or persons adversely affected by such actions; or (2) Without regard as to whether the administrator Attorney General has issued any orders under this Code section, upon a showing by the administrator Attorney General in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator Attorney General, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty of up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable. (c) Unless the administrator Attorney General determines that a person subject to this part designs quickly to depart from this state or to remove his or her property therefrom or to conceal himself or herself or his or her property therein or that there is immediate danger of harm to citizens of this state or of another state, the administrator Attorney General shall, unless he or she seeks a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, before initiating any proceedings as provided in this Code section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the administrator Attorney General and execute an assurance of voluntary compliance as provided in this part. The determination of the administrator Attorney General under this subsection shall be final and not subject to judicial review. (d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this Code section shall be admissible as prima-facie evidence of such specific findings of fact as may be made by the court which enters the judgment in subsequent proceedings by or against the same person or his or her successors or assigns. (e) When a receiver is appointed by the court pursuant to this part, he or she shall have the power to sue for, collect, receive, and take into his or her possession all the goods 1066 JOURNAL OF THE SENATE and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (f)(1) Whenever the administrator Attorney General issues a cease and desist order to any person regarding the use of a telephone number which when called automatically imposes a per-call charge or other costs to the consumer, other than a regular charge imposed for long distance service, including, but not limited to, a telephone number in which the local prefix is 976 or in which the long distance prefix is 900, the administrator Attorney General may certify to the appropriate local or long distance telecommunications company responsible for billing consumers for the charges that billing for the charges or for certain of the charges should be suspended. The telecommunications company shall then suspend such billing with reasonable promptness to preserve the assets of consumers in accordance with the certification, without incurring any liability to any person for doing so. For the purposes of this Code section, 'reasonable promptness to preserve the assets of consumers' shall mean to act as quickly as the telecommunications company would act to preserve its own assets, provided that the telecommunications company cannot be required to make any changes to its existing systems, technologies, or methods used for billing, other than any minimal procedural changes necessary to actually suspend the billing. The telecommunications company shall not be made a party to any proceedings under this part for complying with this requirement but shall have a right to be heard as a third party in any such proceedings. (2) The suspension of billing under this subsection shall remain in effect until the administrator Attorney General certifies to the telecommunications company that the matter has been resolved. The administrator Attorney General shall certify to the telecommunications company with reasonable promptness when the matter has been resolved. In this certification, the administrator Attorney General shall advise the telecommunications company to collect none of, all of, or any designated part of the billings in accordance with the documents or orders which resolved the matter. The telecommunications company shall collect or not collect the billings in the manner so designated and shall not incur any liability to any person for doing so. (3) Nothing contained in this subsection shall limit or restrict the right of the telecommunications company to place its own restrictions, guidelines, or criteria, by whatever name denominated, upon the use of such telecommunications services, provided such restrictions, guidelines, or criteria do not conflict with the provisions of this subsection. WEDNESDAY, MARCH 11, 2015 1067 10-1-397.1. The administrator Attorney General is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of this article. 10-1-398. (a) Any person receiving a cease and desist order from the administrator Attorney General, and who demonstrates in any superior court of competent jurisdiction, after petition to the court and notice to the administrator Attorney General, that such order will unlawfully cause him irreparable harm, shall receive a temporary stay of the order pending the court's review of that order. Such temporary stay shall not exceed 30 days, during which time the court will review the order to determine if an interlocutory stay will be issued pending a final judicial determination of the issues. (b) Where the administrator Attorney General has issued any order prohibiting any unfair or deceptive act or practice, he shall promptly send by certified or registered mail or statutory overnight delivery or by personal service to the person or persons so prohibited a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the administrator Attorney General or his or her designated representative. Such notice shall state: (1) The order which has issued and which is proposed to be issued; (2) The ground for issuing such order and proposed order; (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice; and (4) That the person to whom such notice is sent may obtain a temporary stay of the order upon a showing of irreparable harm in any superior court of competent jurisdiction. (c) Whenever a person requests a hearing in accordance with this Code section, there shall promptly be set a date, time, and place for such hearing and the person requesting such hearing shall be notified thereof. The date set for such hearings shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the administrator Attorney General and the person requesting the hearing. (d) In the case of any hearing conducted under this Code section, the administrator Attorney General or his or her designated representative may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are in this Code section granted to the administrator. The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the administrator may require. (e) The administrator or referee authorized to hold a hearing Attorney General shall have authority to do the following: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; 1068 JOURNAL OF THE SENATE (4) Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; (5) Dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; (6) Dispose of motions to amend or to intervene; (7) Provide for the taking of testimony by deposition or interrogatory; and (8) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the agency or the referee. (f) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. (g) A record shall be kept in each contested case and shall include: (1) All pleadings, motions, and intermediate rulings; (2) A summary of the oral testimony plus all other evidence received or considered except that oral proceedings or any part thereof shall be transcribed or recorded upon request of any party. Upon written request therefor, a transcript of the oral proceedings or any part thereof shall be furnished to any party of the proceedings. The administrator Attorney General shall set a uniform fee for such service; (3) A statement of matters officially noticed; (4) Questions and offers of proof and rulings thereon; (5) Proposed findings and exceptions; (6) Any decision, including any initial, recommended, or tentative decision, opinion, or report by the officer presiding at the hearing; and (7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. (h) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (i) If the administrator Attorney General does not receive a request for a hearing within the prescribed time where he has issued an order prohibiting any unfair or deceptive act or practices, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the administrator Attorney General shall issue a written order which shall: (1) Set forth his or her findings with respect to the matters involved; and (2) Enter an order in accordance with his or her findings. (j) The administrator Attorney General may promulgate such procedural rules and regulations as may be necessary for the effective administration of the authority granted to the administrator Attorney General under this Code section. WEDNESDAY, MARCH 11, 2015 1069 10-1-398.1. Any person who has exhausted all administrative remedies available and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the procedures, standards, and requirements set forth in Code Section 50-13-19. (a) An appeal may be taken from any order of the administrator resulting from a hearing held in accordance with Code Section 10-1-398 by any person adversely affected thereby to the Superior Court of Fulton County by serving on the administrator, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating: (1) The order from which the appeal is taken; and (2) The ground upon which a reversal or modification of the order is sought. (b) The court shall not substitute its judgment for that of the administrator as to the weight of the evidence on questions of fact. The court may affirm the decision of the administrator or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the administrator; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. 10-1-399. (a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of consumer acts or practices in violation of this part, as a result of office supply transactions in violation of this part or whose business or property has been injured or damaged as a result of such violations may bring an action individually, but not in a representative capacity, against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. Notwithstanding any other provisions of law, a debtor seeking equitable relief to redress an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsection or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obligation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code 1070 JOURNAL OF THE SENATE section may also be asserted as a defense, setoff, cross-claim, or counterclaim or thirdparty claim against such person. (b) At least 30 days prior to the filing of any such action, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be delivered to any prospective respondent. Any person receiving such a demand for relief who, within 30 days of the delivering of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning this rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. The demand requirements of this subsection shall not apply if the prospective respondent does not maintain a place of business or does not keep assets within the state. The 30 day requirement of this subsection shall not apply to a debtor seeking a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, provided that said debtor gives, or attempts to give the written demand required by this subsection at least 24 hours in advance of the time set for the hearing of the application for the temporary restraining order. Such respondent may otherwise employ the provisions of this Code section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this Code section. All written tenders of settlement such as described in this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter. (c) Subject to subsection (b) of this Code section, a court shall award three times actual damages for an intentional violation. (d) If the court finds in any action that there has been a violation of this part, the person injured by such violation shall, in addition to other relief provided for in this Code section and irrespective of the amount in controversy, be awarded reasonable attorneys' fees and expenses of litigation incurred in connection with said action; provided, however, the court shall deny a recovery of attorneys' fees and expenses of litigation which are incurred after the rejection of a reasonable written offer of settlement made within 30 days of the mailing or delivery of the written demand for relief required by this Code section; provided, further, that, if the court finds the action continued past the rejection of such reasonable written offer of settlement in bad faith or for the purposes of harassment, the court shall award attorneys' fees and expenses of litigation to the adverse party. Any award of attorneys' fees and expenses of litigation shall become a part of the judgment and subject to execution as the laws of Georgia allow. (e) Any manufacturer or supplier of merchandise whose act or omission, whether negligent or not, is the basis for action under this part shall be liable for the damages assessed against or suffered by retailers charged under this part. A claim of such liability may be asserted by cross-claim, third-party complaint, or by separate action. (f) It shall not be a defense in any action under this part that others were, are, or will be engaged in like practices. WEDNESDAY, MARCH 11, 2015 1071 (g) In any action brought under this Code section the administrator Attorney General shall be served by certified or registered mail or statutory overnight delivery with a copy of the initial complaint and any amended complaint within 20 days of the filing of such complaint. The administrator Attorney General shall be entitled to be heard in any such action, and the court where such action is filed may enter an order requiring any of the parties to serve a copy of any other pleadings in an action upon the administrator Attorney General. 10-1-400. In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures. 10-1-401. (a) No private right of action shall be brought under this part: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later. (b) Damages or penalties to which a person is entitled pursuant to this part may be set off against the allegation of the person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Code section. 10-1-402. In the administration of this part the administrator Attorney General may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this part from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the clerk of the superior court of the county in which the alleged violator resides or has his or her principal place of business or with the clerk of the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the administrator Attorney General for further proceedings in the public interest, pursuant to Code Section 10-1-397. This Code section shall not bar any claim against any person who has engaged in any act or practice in violation of this part. 10-1-403. (a) When it reasonably appears to the administrator Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be 1072 JOURNAL OF THE SENATE unlawful by this part or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, he may, with the consent of the Attorney General, execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation. (b) If a matter that the administrator Attorney General makes the subject of an investigative demand is located outside the state, the person receiving the investigative demand may either make it available to the administrator Attorney General at a convenient location within this state or pay the reasonable and necessary expenses for the administrator Attorney General or his or her representative to examine the matter at the place where it is located. The administrator Attorney General may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf;, and he may respond to similar requests from officials of other states. (c)(1) Each such investigative demand shall state the nature of the conduct constituting the alleged violation of this part which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope, and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction and the person or persons whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available. (2) No such investigative demand shall: (A) Contain any requirement which would be held to be unreasonable as contained in a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation; or (B) Require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained in this WEDNESDAY, MARCH 11, 2015 1073 paragraph do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this state, as opposed to the civil provisions of this part. 10-1-404. (a) To carry out the duties prescribed by Code Sections 10-1-394, 10-1-395, 10-1-397, 10-1-398, and 10-1-403, the administrator Attorney General, in addition to other powers conferred upon him or her by this part, may, with the consent of the Attorney General, issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms, and promulgate such procedural rules and regulations as may be necessary, which procedural rules and regulations shall have the force of law. (b) The recipient of an investigative demand or subpoena may file an objection with the Attorney General within the reasonable time allotted for responding on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person. Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the administrator Attorney General may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the investigative demand or subpoena on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such demand or subpoena or directing compliance with the original demand or subpoena or modifying or setting aside such demand or subpoena based on any objection that was raised before the Attorney General. (c) The Attorney General may request that a natural person who refuses to testify or to produce relevant matter on the ground that the testimonial matter may incriminate him be ordered by the court to provide the testimonial matter. With the exception of a prosecution for perjury and an action under Code Section 10-1-397, 10-1-398, 10-1399, or 10-1-405, a natural person who complies with the court order to provide a testimonial matter after asserting a privilege against self-incrimination to which he is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise. (d)(1) Information obtained pursuant to investigative demands, subpoenas, oaths, affirmations, or hearings enforced by this part shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the administrator Attorney General or his or her employees beyond the extent necessary for the enforcement of this part. (2) The administrator Attorney General or his or her employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this part which is subpoenaed sought pursuant to an investigative demand or subpoena by such agency. State or local law enforcement agencies shall be authorized to provide any information to the administrator Attorney General when 1074 JOURNAL OF THE SENATE the administrator Attorney General issues an investigative demand or subpoena for such information. 10-1-405. (a) Any person who violates the terms of an injunction issued under Code Section 101-397 shall forfeit and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the administrator Attorney General, acting in the name of the state, may petition for recovery of civil penalties. (b) In the case of a continuing violation under this part, each day shall be regarded as a separate violation. (c) Any intentional violation by a corporation, partnership, or association shall be deemed to be also that of the individual directors, officers, partners, employees, or agents of the corporation, partnership, or association who had actual knowledge knew or should have known of the acts constituting the violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part the violation; provided, however, no such individual directors, officers, partners, employees, or agents shall have any individual liability under this subsection unless the corporation, partnership, or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient moneys or assets to satisfy the judgment. (d) The administrator Attorney General shall have the authority to compromise or settle claims for penalty brought under this Code section. 10-1-406. Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator Attorney General shall have the authority to prosecute the case or forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecuting attorney deems appropriate. 10-1-407. This part is cumulative with other laws and is not exclusive. The rights or remedies provided for in this part shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the subject matter. 10-1-408. Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General WEDNESDAY, MARCH 11, 2015 1075 until amended, repealed, or superseded by rules or regulations adopted by the Attorney General." SECTION 3. Said title is further amended by revising Code Section 10-1-414, relating to prohibited acts by sellers of business opportunities, as follows: "10-1-414. Sellers shall not: (1) Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the administrator Attorney General or his or her representatives upon request; (2) Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or (3) Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program." SECTION 4. Said title is further amended by revising Code Section 10-1-427, relating to false advertising of legal services, as follows: "10-1-427. (a) No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to perform legal services or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device or by public outcry or proclamation or any other manner or means whatever, any statement concerning such legal services or concerning any circumstances or matter of fact connected with the proposed performance thereof which is untrue, fraudulent, deceptive, or misleading and which is known or which by the exercise of reasonable care should be known to be untrue, fraudulent, deceptive, or misleading. (b) Nothing in this Code section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false, fraudulent, deceptive, or misleading character. (c) The Governor's Office of Consumer Affairs Attorney General is authorized and empowered, upon the receipt of a complaint or upon its his or her own initiative, to 1076 JOURNAL OF THE SENATE investigate any advertising which might be in violation of subsection (a) of this Code section. If the office Attorney General determines that any advertising is in violation of subsection (a) of this Code section, it he or she is authorized and empowered, after providing the offender with reasonable notice and an opportunity for a hearing, to issue a public reprimand, to issue a cease and desist order against the offender, to report any such action to any board, agency, commission, association, or other entity governing or supervising the legal profession, and to publicize any such action in a medium or media likely to reach the recipients of the improper advertising. Any person against whom the office Attorney General issues an adverse decision may, as his or her sole remedy in equity or at law, seek a restraining order against such adverse decision in the superior court. (d) Any person who violates a cease and desist order issued pursuant to subsection (c) of this Code section shall be guilty of a misdemeanor in the county in which such person resides. Nothing in this subsection shall prohibit any board, agency, commission, association, or other entity governing or supervising the legal profession from taking any lawful action against such person as a result of such improper practices. Each publication of an advertisement in violation of any such cease and desist order shall constitute a separate offense." SECTION 5. Said title is further amended by revising Code Section 10-1-438, relating to definitions relative to disaster related selling violations, as follows: "10-1-438. (a) As used in this part, the term: (1) 'Attorney General' means the Attorney General or his or her designee. 'Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) 'Disaster related violation' means any violation of Part 1, 2, or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or (B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster. (3) 'Natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor. (b) Whenever the administrator Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction. (c) Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section." WEDNESDAY, MARCH 11, 2015 1077 SECTION 6. Said title is further amended by revising Article 21 of Chapter 1, relating to buying services, as follows: "ARTICLE 21 10-1-590. This article shall be known and may be cited as the 'Buying Services Act of 1975.' 10-1-591. As used in this article, the term: (1) 'Attorney General' means the Attorney General or his or her designee. 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his delegate. (2) 'Business day' means any day other than a Saturday, Sunday, or legal holiday. (3) 'Buying service,' 'buying club,' or 'club' means any corporation, partnership, unincorporated association, or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this state. (4) 'Contract' means any contract or agreement by which a person becomes a member of a buying service or club. (5) 'Member' means any natural person who is entitled to any of the benefits of a buying service or buying club. 10-1-592. No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this state without having first obtained a license to do business in this state from the administrator Attorney General. 10-1-593. As a condition to the issuance or retention of a license required by this article, each buying service or club shall: (1) Comply with such reasonable conditions for the issuance of a license as may be required by the administrator Attorney General pursuant to this article; (2) Maintain a bond in the amount of $25,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state; in either case, such bond shall be for the use and benefit of any person who has entered into a contract for membership in a buying service or club. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such member by reason of any fraudulent misrepresentation or by reason of any breach of contract by the club; and (3) Furnish, if the buying service or club operates buying service activities at more 1078 JOURNAL OF THE SENATE than one physical location in this state, a surety bond for each location of buying service activity, each bond to be in the amount and subject to the conditions stated in paragraph (2) of this Code section. 10-1-594. (a) Application for a license as a buying service or club shall be made on forms prescribed by the administrator Attorney General and shall contain such information and supporting documents as he may require. (b) Licenses shall be issued for a period of one year and shall be renewable within 90 days preceding the expiration thereof. (c) The fee for a license or for the renewal thereof shall be $50.00, payable to the administrator Attorney General for deposit by the Office of the State Treasurer in the general fund of the state. 10-1-595. (a) Licenses issued under this article may be revoked, suspended, or not renewed by the administrator Attorney General for: (1) Any violation of the substantive provisions of this article; (2) A violation of any rule or regulation issued by the administrator Attorney General pursuant to this article; or (3) A violation of any law of this state. (b) Licenses shall be revoked or suspended by the administrator Attorney General only following notice and hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-1-596. No contract of membership shall be used by any buying service or club unless such contract is first approved by the administrator Attorney General as to form. Any contract or agreement used in violation of this Code section shall be null, void, and of no effect. 10-1-597. (a) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12:00 Midnight of the third business day following the date on which membership was attained. (b) Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. (c) Cancellation shall be without liability on the part of the member. The member will be entitled to a total refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract. (d) Rights of cancellation may not be waived or otherwise surrendered. WEDNESDAY, MARCH 11, 2015 1079 10-1-598. (a) A copy of every contract shall be delivered to the member at the time the contract is signed. (b) Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract, and must state, clearly and conspicuously in boldface type of a minimum size of 14 points, the following: 'MEMBER'S RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. To prove that you canceled, it is recommended that you send the notice by certified mail or statutory overnight delivery. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12:00 Midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (insert name and mailing address of club) . If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund. It is recommended that you mail the notice of cancellation by certified mail or statutory overnight delivery, return receipt requested; check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the notice of cancellation which you mail.' (c) Every contract which does not contain the notice specified in subsection (b) of this Code section may be canceled by the member at any time, without liability, by giving notice of cancellation by any means. Nothing contained in this Code section shall be construed to require that a member's cancellation notice be sent by certified mail or statutory overnight delivery in order to effect a cancellation. 10-1-599. No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert his or her contract into a contract for a period longer than 18 months after the member has been a member of the club for a period of at least six months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of 14 points. 10-1-600. (a) Each buying service or club licensed in this state shall keep and maintain: (1) Accurate accounts, books, and records of all transactions in this state; (2) Copies of all agreements; (3) Dates and amounts of payments made and accepted thereon; and (4) The names and addresses of all members in this state. (b) Such accounts, books, and records shall be open for inspection by the administrator or his delegates Attorney General during normal business hours on all normal business days. 1080 JOURNAL OF THE SENATE 10-1-601. The administrator Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such rules of a substantive nature shall be promulgated only when it is determined by the administrator, in the reasonable exercise of his discretion and on the basis of his expertise and the facts, submissions, evidence, and all information before him, that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with such rule will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion. Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to the promulgation of rules and regulations by the Attorney General pursuant to this Code section. 10-1-602. Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator Attorney General pursuant to this article, except where the administrator Attorney General is acting under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' 10-1-603. In addition to any other proceedings authorized by this article, the administrator Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued or enforced by the administrator Attorney General pursuant to this article. 10-1-604. (a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator Attorney General shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All penalties recovered as provided in this Code section shall be paid WEDNESDAY, MARCH 11, 2015 1081 into the state treasury. (c) The administrator Attorney General may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator Attorney General unappealed from or of a final order of the administrator Attorney General affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court. (d) The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the administrator Attorney General with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto. 10-1-605. Any person, firm, corporation, organization, partnership, entity, buying club, or buying service violating any provision of this article shall be guilty of a misdemeanor. 10-1-606. Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General." SECTION 7. Said title is further amended in Article 27 of Chapter 1, relating to bad faith assertions of patent infringement, by revising Code Section 10-1-773, relating to enforcement and relief from damages, as follows: "10-1-773. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act,' and the enforcement against any such violation shall be by public enforcement by the administrator Attorney General and shall be enforceable through private action. (b) Whenever it may appear to the administrator Attorney General that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the administrator Attorney General may bring action in a court of competent jurisdiction. Upon a showing by the 1082 JOURNAL OF THE SENATE administrator Attorney General that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397. (c) Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include: (1) Restitution to any person or persons adversely affected by a defendant's actions in violation of this article; (2) Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater; (3) Expenses of litigation, including reasonable attorney's fees; and (4) Other relief as the court deems just and equitable. (d) Except as otherwise provided, this article is cumulative with other laws and is not exclusive." SECTION 8. Said title is further amended by revising Article 28 of Chapter 1, relating to the "Georgia Lemon Law," as follows: "ARTICLE 28 10-1-780. This article shall be known and may be cited as the 'Georgia Lemon Law.' 10-1-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article. 10-1-782. Unless the context clearly requires otherwise, as used in this article, the term: (1) 'Adjusted capitalized cost' means the amount shown as the adjusted capitalized cost in the lease agreement. (2) 'Attorney General' means the Attorney General or his or her designee. WEDNESDAY, MARCH 11, 2015 1083 'Administrator' means the administrator appointed pursuant to Code Section 10-1-395 or his or her designee. (3) 'Authorized agent' means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. (4) 'Collateral charges' means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges. (5) 'Consumer' means each of the following: (A) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and (B) A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services. (6) 'Days' means calendar days. (7) 'Express warranty' means a warranty which is given by the manufacturer in writing. (8) 'Incidental costs' means any reasonable expenses incurred by a consumer in connection with the repair of a new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair of nonconformities, towing charges, and the costs of obtaining alternative transportation. (9) 'Informal dispute settlement mechanism' means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article. (10) 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency. (11) 'Lessee' means any consumer who enters into a written lease agreement or contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle. (12) 'Lessee cost' means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor. (13) 'Lessor' means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessor's rights under such agreement. (14) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or 1084 JOURNAL OF THE SENATE distributing them to new motor vehicle dealers. (15) 'New motor vehicle' means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' also does not include trucks with more than 12,000 pounds gross vehicle weight rating, motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space. (16) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. (17) 'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (18) 'Panel' means the new motor vehicle arbitration panel as designated in this article. (19) 'Person' shall have the same meaning as provided in Code Section 10-1-392. (20) 'Purchase price' means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract, inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, 'purchase price' refers to the agreed upon value of the vehicle as shown in the lease agreement or contract. (21) 'Reacquired vehicle' means a new motor vehicle with an alleged nonconformity that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated. (22) 'Reasonable number of attempts' under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784. (23) 'Reasonable offset for use' means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000, or in the case of a motor home WEDNESDAY, MARCH 11, 2015 1085 90,000. (24) 'Replacement motor vehicle' means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease. (25) 'Serious safety defect' means a life-threatening defect or a malfunction that impedes the consumer's ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (26) 'Superior court' means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article. (27) 'Warranty' means any manufacturer's express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicle's materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance. 10-1-783. (a) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer. The owner's manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. A manufacturer shall also provide all applicable manufacturer's written warranties to the new motor vehicle dealer, who shall transfer the owner's manual and all applicable manufacturer's written warranties to the consumer at the time of purchase or vehicle acquisition. (b) At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator Attorney General and shall contain information regarding the procedures and remedies under this article. (c) By October 1 of each year, the manufacturer shall forward to the administrator Attorney General one copy of the owner's manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner's manuals and express warranties for other models of the same make are substantially the same, submission of the owner's manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection. (d) Each time the consumer's new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order 1086 JOURNAL OF THE SENATE containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor. (e) Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's representative regarding inspection, diagnosis, or test drive of the consumer's new motor vehicle. 10-1-784. (a)(1) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period: (A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected; (B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or (C) The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days. If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed. (2)(A) If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner's manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity. (B) By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturer's receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility. (C) If the manufacturer fails to notify the consumer of the location of a reasonably WEDNESDAY, MARCH 11, 2015 1087 accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity with the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity. (3) No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article. (b)(1) If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity after during the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle. (2)(A) If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the replacement transaction and shall pay the lessee an amount equal to all incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle. (B) If a consumer who is not a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction. (3)(A) If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost of the nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph 1088 JOURNAL OF THE SENATE and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor. (B) If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price of the nonconforming new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership. 10-1-785. (a)(1) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section 10-1-786. However, if a manufacturer has established an informal dispute settlement mechanism which the administrator Attorney General has certified as complying with the provisions and rules of this article, the consumer shall be eligible to apply for arbitration only after submitting a dispute under this article to the informal dispute settlement mechanism. (2) A consumer must file a claim with the manufacturer's certified informal dispute settlement mechanism no later than one year after expiration of the lemon law rights period. (3) After a decision has been rendered by the certified informal dispute settlement mechanism, the consumer is eligible to apply for arbitration pursuant to Code Section 10-1-786. (4) If a decision is not rendered by the certified informal dispute settlement mechanism within 40 days of filing, the requirement that the consumer submit his or her dispute to the certified informal dispute settlement mechanism shall not apply and the consumer is eligible to apply for arbitration under Code Section 10-1-786. (b) Certified informal dispute settlement mechanisms shall be required to take into account the principles contained in and any rules promulgated under this article and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, and reimbursement for collateral charges and incidental costs. For purposes of this Code section, the phrase 'take into account the principles contained in and any rules promulgated under this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) A certified informal dispute settlement mechanism shall keep such records as prescribed by the administrator Attorney General in rules promulgated under this article and shall allow the administrator Attorney General, without notice, to inspect and obtain copies of the records. Copies of any records requested by the administrator Attorney General shall be provided promptly to the administrator Attorney General at WEDNESDAY, MARCH 11, 2015 1089 no cost. (d) A manufacturer may apply to the administrator Attorney General for certification of its informal dispute settlement mechanism. The administrator Attorney General may, in his or her discretion, impose requirements on an informal dispute settlement mechanism in order for it to be certified. Within a reasonable time following receipt of the application, the administrator Attorney General shall certify the informal dispute settlement mechanism or notify the manufacturer of the reason or reasons for denial of the requested certification. (e) At any time the administrator Attorney General has reason to believe that a certified informal dispute settlement mechanism is no longer in compliance with this article, he or she may notify the manufacturer of intent to revoke the informal dispute settlement mechanism's certification. The notice shall contain a statement of the reason or reasons for the revocation. (f) The manufacturer shall have ten days from its receipt of notice of denial of requested certification or notice of intent to revoke certification to submit a written request for a hearing to contest the denial or intended revocation. If a hearing is requested, it shall be held within 30 days of the administrator's Attorney General's receipt of the hearing request. The hearing shall be conducted by the Office of State Administrative Hearings following the procedures set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No representation shall be made to a consumer that his or her dispute must be submitted to an informal dispute settlement mechanism that is not certified by the administrator Attorney General pursuant to this Code section. 10-1-786. (a) A consumer shall request arbitration by filing a written application for arbitration with the administrator Attorney General. The application must be filed no later than one year from the date of expiration of the lemon law rights period or 60 days from the conclusion of the certified informal dispute settlement mechanism's proceeding, whichever occurs later. (b)(1) After receiving an application for arbitration, the administrator Attorney General shall determine whether the dispute is eligible for arbitration. Manufacturers shall be required to submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator Attorney General. Disputes deemed eligible for arbitration shall be assigned to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (2)(A) A consumer whose dispute is determined to be ineligible for arbitration by the administrator Attorney General may appeal the determination of ineligibility to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (B) If the arbitrator or arbitrators determine that the consumer's dispute is eligible for arbitration, the arbitrator or arbitrators shall retain jurisdiction and the consumer's dispute shall proceed in accordance with this Code section. (C) If the arbitrator or arbitrators determine that the consumer's dispute is not 1090 JOURNAL OF THE SENATE eligible for arbitration, a written decision shall be prepared and sent to the consumer and manufacturer by certified mail, return receipt requested. (D) The decision of ineligibility may be appealed by the consumer under the provisions set forth in subsection (a) of Code Section 10-1-787. On appeal, the court shall consider only the issue of eligibility for arbitration. (3) If the court finds that a consumer's appeal from a determination of ineligibility is frivolous or has been filed in bad faith or for the purpose of harassment, the court may require the consumer to pay to the administrator Attorney General all costs incurred as a direct result of the appeals from the administrator's Attorney General's determination of ineligibility. (c) A lessee shall notify the lessor of the pending arbitration, in writing, within ten days of the lessee's receipt of notice that a dispute has been deemed eligible for arbitration and shall provide to the arbitrator or arbitrators proof that notice was given to the lessor. Within ten days of its receipt of notice from the lessee, a lessor may petition the arbitrator or arbitrators to be a party to the arbitration proceeding. (d) The arbitrator or arbitrators shall make every effort to conduct the arbitration hearing within 40 days from the date the dispute is deemed eligible for arbitration. The hearing shall be held at a location that is reasonably convenient to the Georgia consumer. Failure to hear the case within 40 days shall not divest authority of the arbitrator or arbitrators to hear the dispute or void any decision ultimately rendered. (e) If the arbitrator or arbitrators determine: (1) That a reasonable number of attempts has been undertaken to repair and correct the nonconformity and that the manufacturer was given the opportunity to make a final attempt to repair and correct the nonconformity and was unable to correct it; or (2) That a new motor vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days within the lemon law rights period, the consumer shall be awarded replacement or repurchase of the new motor vehicle as provided under Code Section 10-1-784. The arbitrator or arbitrators also may award attorney's fees and technical or expert witness fees to a consumer who prevails. (f) The decision of the arbitrator or arbitrators shall be in writing, be signed, and contain findings of fact and conclusions of law. The original signed decision shall be filed with the administrator Attorney General and copies shall be sent to all parties. The filing of the decision with the administrator Attorney General constitutes entry of the decision. (g) A decision of the arbitrator or arbitrators that has become final under the provisions of subsection (a) of Code Section 10-1-787 may be filed with the clerk of the superior court, shall have all the force and effect of a judgment or decree of the court, and may be enforced in the same manner as any other judgment or decree. (h) No arbitrator may be required to testify concerning any arbitration and the arbitrator's notes or other records are not subject to discovery. This provision does not extend to testimony or documents sought in connection with legal claims brought against an arbitrator arising out of an arbitration proceeding. WEDNESDAY, MARCH 11, 2015 1091 10-1-787. (a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator's award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney's fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the administrator Attorney General may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer's control or that a delay was acceptable to the consumer. 10-1-788. The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article. 10-1-789. (a) A The administrator shall establish a new motor vehicle arbitration panel to shall resolve disputes between consumers and manufacturers arising under this article. The administrator Attorney General, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years' experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles. (b) Panel member arbitrators and entities that contract with the administrator Attorney General to provide arbitration services shall be compensated for time and expenses at a rate to be determined by the administrator Attorney General. (c) Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the administrator Attorney General or contracted entity. 1092 JOURNAL OF THE SENATE (d) Neither the administrator Attorney General, an entity with which the administrator Attorney General has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence. 10-1-790. (a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the administrator Attorney General of the proposed sale or: (1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399. (b) The manufacturer shall have 30 days to notify the administrator Attorney General that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator Attorney General of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee. (c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator Attorney General of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section. (d) Manufacturers shall use forms approved by the administrator Attorney General. The forms shall contain the information required under this Code section and any other information the administrator Attorney General deems necessary for implementation of this Code section. WEDNESDAY, MARCH 11, 2015 1093 10-1-791. (a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs. (b) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 Attorney General shall have the power to enforce the provisions of this Code section. The administrator's Attorney General's enforcement power shall include: (1) The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; and (2) The authority to initiate proceedings, pursuant to Code Section 10-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the administrator Attorney General under this Code section. 10-1-792. (a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney's fees and expenses of litigation incurred in connection with such proceeding. (b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor 1094 JOURNAL OF THE SENATE vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the 'Georgia Motor Vehicle Franchise Practices Act.' 10-1-793. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; provided, however, that enforcement against such violations shall be by public enforcement by the administrator Attorney General and, except as provided in subsection (a) of Code Section 10-1-790, shall not be enforceable through private action under Code Section 10-1-399. (b) Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law. 10-1-794. Reserved. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator. 10-1-795. The administrator Attorney General shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the administrator Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-1-796. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. 10-1-797. Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy. 10-1-798. Rules, orders, actions, and regulations previously adopted which relate to functions WEDNESDAY, MARCH 11, 2015 1095 performed by the administrator appointed pursuant to Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General." SECTION 9. Said title is further amended by revising Code Section 10-1-835, relating to civil violations relative to provisions regulating beauty pageants, as follows: "10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' as administered by the Governor's Office of Consumer Affairs Attorney General, and all public and private remedies available under such part shall be available regarding violations of this article." SECTION 10. Said title is further amended by revising Article 31 of Chapter 1, relating to unfair or deceptive practices toward the elderly, as follows: "ARTICLE 31 10-1-850. As used in this article, the term: (1) 'Disabled person' means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities. As used in this paragraph, 'physical or mental impairment' means any of the following: (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and (B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness. (2) 'Elder person' means a person who is 60 years of age or older. (3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) 'Substantially limits' means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental 1096 JOURNAL OF THE SENATE impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries. 10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation. 10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: (1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons; (2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person; (3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct; (4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following: (A) Mental or emotional anguish; (B) Loss of or encumbrance upon a primary residence of the elder or disabled person; (C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income; (D) Loss of funds received under a pension or retirement plan or a government benefits program; (E) Loss of property set aside for retirement or for personal or family care and maintenance; or (F) Loss of assets essential to the health and welfare of the elder or disabled person; or (5) Any other factors the court deems appropriate. 10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article. WEDNESDAY, MARCH 11, 2015 1097 10-1-854. The administrator Attorney General may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations. 10-1-855. The administrator Attorney General may establish and maintain referral procedures with the Division of Aging Services within the Department of Human Services in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article. 10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 Attorney General from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive practices under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or the administrator's employees Attorney General. Nothing contained in this Code section shall be construed to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information. 10-1-857. The administrator Attorney General shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of State, Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation." SECTION 11. Said title is further amended by revising Chapter 15, relating to business administration, as follows: 1098 JOURNAL OF THE SENATE "CHAPTER 15 10-15-1. As used in this chapter, the term: (1) 'Attorney General' means the Attorney General or his or her designee. 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395, or the administrator's designee. (2) 'Business' means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. The term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this state, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity that destroys records. However, for purposes of this chapter, the term shall not include any bank or financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq., as amended, and as it existed on January 31, 2002, nor shall it include any hospital or health care institution licensed under Title 31 which is subject to the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, nor any other entity which is governed by federal law, provided that the federal law governing the business requires the business to discard a record containing personal information in the same manner as Code Section 10-15-2. (3) 'Cardholder' means any person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued. (4) 'Customer' means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business. (5) 'Discard' means to throw away, get rid of, or eliminate. (6) 'Dispose' means the sale or transfer of a record for value to a company or business engaged in the business of record destruction. (7) 'Merchant' means any person or governmental entity which receives from a cardholder a payment card or information from a payment card as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from a person or governmental entity. (8) 'Payment card' means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. (9) 'Personal information' means: (A) Personally identifiable data about a customer's medical condition, if the data are not generally considered to be public knowledge; (B) Personally identifiable data which contain a customer's account or identification number, account balance, balance owing, credit balance, or credit limit, if the data WEDNESDAY, MARCH 11, 2015 1099 relate to a customer's account or transaction with a business; (C) Personally identifiable data provided by a customer to a business upon opening an account or applying for a loan or credit; or (D) Personally identifiable data about a customer's federal, state, or local income tax return. (10)(A) 'Personally identifiable' means capable of being associated with a particular customer through one or more identifiers, including, but not limited to, a customer's fingerprint, photograph, or computerized image, social security number, passport number, driver identification number, personal identification card number, date of birth, medical information, or disability information. (B) A customer's name, address, and telephone number shall not be considered personally identifiable data unless one or more of them are used in conjunction with one or more of the identifiers listed in subparagraph (A) of this paragraph. (11) 'Record' means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (12) 'Reencoder' means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. (13) 'Scanning device' means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. 10-15-2. A business may not discard a record containing personal information unless it: (1) Shreds the customer's record before discarding the record; (2) Erases the personal information contained in the customer's record before discarding the record; (3) Modifies the customer's record to make the personal information unreadable before discarding the record; or (4) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer's record for the period between the record's disposal and the record's destruction. 10-15-3. (a) A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment card's account number or expiration date is by handwriting or by an imprint or copy of the payment card. (b)(1) Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically transferred by a payment card processor and printed using a 1100 JOURNAL OF THE SENATE cash register or other machine or device that is first used on or after July 1, 2004. (2) Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically transferred by a payment card processor and printed, including those printed using a cash register or other machine or device that is first used before July 1, 2004. 10-15-4. (a) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. (b) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. 10-15-5. (a) The administrator Attorney General shall be authorized to enforce the provisions of this chapter. (b) The administrator Attorney General shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the 'Fair Business Practices Act of 1975,' Code Section 10-1-390, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections 10-1-403 and 10-1-404. (c) Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section 10-15-4. 10-15-6. (a) If the administrator Attorney General determines, after notice and hearing, that a business has violated Code Section 10-15-2, the administrator Attorney General may issue an administrative order imposing a penalty of not more than $500.00 for each customer's record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the administrator Attorney General exceed $10,000.00. It shall be an affirmative defense to the wrongful disposing of or discarding of a customer's record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records. (b) If the administrator Attorney General determines, after notice and hearing, that a business has violated Code Section 10-15-3, the administrator Attorney General may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section 10-15-3, and a penalty of $1,000.00 for a second or subsequent violation of Code Section 10-15-3. (c) The hearing and any administrative review in connection with alleged violations of WEDNESDAY, MARCH 11, 2015 1101 Code Section 10-15-2 or 10-15-3 shall be conducted in accordance with the procedure for contested cases pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator Attorney General shall have the right of judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) The administrator Attorney General may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, a certified copy of or the final order of the administrator Attorney General, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and notify the parties. The judgment shall have the same effect as a judgment rendered by the court. 10-15-7. (a) A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, or both. (b) Any person found guilty of a violation of this chapter may be ordered by the court to make restitution to any consumer victim or any business victim of the fraud. (c) Each violation of this chapter shall constitute a separate offense. (d) The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section 10-15-4. (e) Upon a violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation." SECTION 12. Chapter 22 of Title 2 of the Official Code of Georgia Annotated, relating to poultry contract growers or producers, is amended by revising subsection (b) of Code Section 222-5, relating to the application of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," as follows: "(b) The provisions of Code Section 2-22-3 or 2-22-4 may be enforced by the Commissioner in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' for enforcement of the provisions of said part by the administrator of consumer affairs Attorney General against a person reasonably appearing to have engaged in an unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393, and the superior courts may grant injunctive relief and impose the same civil penalties for violations of injunctions as provided in said part." 1102 JOURNAL OF THE SENATE SECTION 13. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-9-120, relating to definitions relative to identity fraud, as follows: "16-9-120. As used in this article, the term: (1) 'Attorney General' means the Attorney General or his or her designee. '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. (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; (P) State identification card numbers issued by state departments; WEDNESDAY, MARCH 11, 2015 1103 (Q) Veteran and military medical identification numbers; and (R) Any other numbers or information which can be used to access a person's or entity's resources or health care records. (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; (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 14. Said title is further amended by revising Code Section 16-9-123, relating to investigations relative to identity fraud, as follows: "16-9-123. The administrator appointed under Code Section 10-1-395 Attorney General shall have the authority to investigate any complaints of consumer victims regarding identity fraud. In conducting such investigations the administrator Attorney General shall have all investigative powers which are available to the administrator Attorney General under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' If, after such investigation, the administrator Attorney General determines that a person has been a consumer victim of identity fraud in this state, the administrator Attorney General shall, at the request of the consumer victim, provide the consumer victim with certification of the findings of such investigation. Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure. The information in the repository may be transmitted to any other appropriate investigatory agency or entity. Consumer victims of identity fraud may file complaints directly with the Governor's Office of Consumer Affairs office of the Attorney General, the Georgia Bureau of Investigation, or with 1104 JOURNAL OF THE SENATE local law enforcement. Employees of the Governor's Office of Consumer Affairs may communicate with consumer victims. Any and all transmissions authorized under this Code section may be transmitted electronically, provided that such transmissions are made through a secure channel for the transmission of such electronic communications or information, the sufficiency of which is acceptable to the Governor's Office of Consumer Affairs Attorney General. Nothing in this Code section shall be construed to preclude any otherwise authorized law enforcement or prosecutorial agencies from conducting investigations and prosecuting offenses of identity fraud." SECTION 15. Said title is further amended by revising Code Section 16-9-127, relating to authority of administrator with regard to identity fraud, as follows: "16-9-127. The administrator Attorney General shall have authority to initiate any proceedings and to exercise any power or authority in the same manner as if he or she were acting under Part 2 of Article 15 of Chapter 1 of Title 10, as regards violations or potential violations of this article." SECTION 16. Said title is further amended by revising Code Section 16-9-130, relating to damages available to consumer victims of identity fraud, no defense that others engage in comparable practices, and service of complaint, as follows: "16-9-130. (a) Any consumer victim who suffers injury or damages as a result of a violation of this article may bring an action individually or as a representative of a class against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover general and punitive damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, punitive damages shall be awarded only in cases of intentional violation. A claim under this article may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person. (b) A court shall award three times actual damages for an intentional violation. (c) If the court finds in any action that there has been a violation of this article, the consumer victim injured by such violation shall, in addition to other relief provided for in this Code section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and expenses of litigation incurred in connection with said action. (d) It shall not be a defense in any action under this article that others were, are, or will be engaged in like practices. (e) In any action brought under this article the administrator Attorney General shall be served by certified or registered mail or statutory overnight delivery with a copy of the initial complaint and any amended complaint within 20 days of the filing of such complaint. The administrator Attorney General shall be entitled to be heard in any such WEDNESDAY, MARCH 11, 2015 1105 action, and the court where such action is filed may enter an order requiring any of the parties to serve a copy of any other pleadings in an action upon the administrator Attorney General." SECTION 17. Said title is further amended by revising Code Section 16-9-131, relating to criminal prosecution of identity fraud, as follows: "16-9-131. Whenever an investigation has been conducted by the Governor's Office of Consumer Affairs Attorney General under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator Attorney General shall have the authority to prosecute such cases or forward the results of such investigation to the Attorney General or any other prosecuting attorney of this state who shall commence any criminal prosecution that he or she deems appropriate." SECTION 18. Title 18 of the Official Code of Georgia Annotated, relating to debtors and creditors, is amended by revising Chapter 5, relating to debt adjustment, as follows: "CHAPTER 5 18-5-1. As used in this chapter, the term: (1) 'Debt adjusting' means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to: (A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or (B) Receive from the debtor and disburse to his or her creditors any money or other thing of value. (2) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (3) 'Resides' means to live in a particular place, whether on a temporary or permanent basis. 18-5-2. In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions. 1106 JOURNAL OF THE SENATE 18-5-3. Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section 7-3-3 operating under Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.' 18-5-3.1. (a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements: (1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and (2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least 'A-' or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Governor's Office of Consumer Affairs Attorney General's office. (b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Governor's Office of Consumer Affairs Attorney General's office. (c) The Governor's Office of Consumer Affairs Attorney General's office shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents. 18-5-4. (a) Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor. WEDNESDAY, MARCH 11, 2015 1107 (b) Without limiting the applicability of subsection (a) of this Code section: (1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and (2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter. (c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter. (d) A violation of Code Section 18-5-2, 18-5-3.1, or 18-5-3.2 shall additionally be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' 18-5-5. The Attorney General shall have the authority to promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this chapter. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 19. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-38-11, relating to variances from regulations pertaining to tanning facilities, as follows: "31-38-11. Any tanning facility which finds that it is not possible to comply with Code Section 3138-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 Attorney General for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator Attorney General shall be in writing and shall be drawn as narrowly as possible." SECTION 20. Said title is further amended by revising Code Section 31-38-12, relating to effect of provisions relative to tanning facilities on the administrator, as follows: "31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 Attorney General except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the administrator Attorney General from exercising any of his or her duties, powers, or 1108 JOURNAL OF THE SENATE authority under any other law. The administrator Attorney General shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11." SECTION 21. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-4-6, relating to insurer liability for damages and attorney's fees, as follows: "33-4-6. (a) In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in bad faith, the insurer shall be liable to pay such holder, in addition to the loss, not more than 50 percent of the liability of the insurer for the loss or $5,000.00, whichever is greater, and all reasonable attorney's fees for the prosecution of the action against the insurer. The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. The amount of any reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in the action; provided, however, the attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and the plaintiff's attorney for the services of the attorney in the action against the insurer. (b) In any action brought pursuant to subsection (a) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the consumers' insurance advocate a copy of the demand and complaint by first-class mail. Failure to comply with this subsection may be cured by delivering same." SECTION 22. Said title is further amended by revising Code Section 33-4-7, relating to duty to adjust in motor vehicle incidents, as follows: "33-4-7. (a) In the event of a loss because of injury to or destruction of property covered by a motor vehicle liability insurance policy, the insurer issuing such policy has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a WEDNESDAY, MARCH 11, 2015 1109 good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy. Any insurer who breaches this duty may be liable to pay the claimant, in addition to the loss, not more than 50 percent of the liability of the insured for the loss or $5,000.00, whichever is greater, and all reasonable attorney's fees for the prosecution of the action. (b) An insurer breaches the duty of subsection (a) of this Code section when, after investigation of the claim, liability has become reasonably clear and the insurer in bad faith offers less than the amount reasonably owed under all the circumstances of which the insurer is aware. (c) A claimant shall be entitled to recover under subsection (a) of this Code section if the claimant or the claimant's attorney has delivered to the insurer a demand letter, by statutory overnight delivery or certified mail, return receipt requested, offering to settle for an amount certain; the insurer has refused or declined to do so within 60 days of receipt of such demand, thereby compelling the claimant to institute or continue suit to recover; and the claimant ultimately recovers an amount equal to or in excess of the claimant's demand. (d) At the expiration of the 60 days set forth in subsection (c) of this Code section, the claimant may serve the insurer issuing such policy by service of the complaint in accordance with law. The insurer shall be an unnamed party, not disclosed to the jury, until there has been a verdict resulting in recovery equal to or in excess of the claimant's demand. If that occurs, the trial shall be recommenced in order for the trier of fact to receive evidence to make a determination as to whether bad faith existed in the handling or adjustment of the attempted settlement of the claim or action in question. (e) The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. (f) The amount of recovery, including reasonable attorney's fees, if any, shall be determined by the trier of fact and included in a separate judgment against the insurer rendered in the action; provided, however, the attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, the trial court shall have the discretion, if it finds the jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his or her attorney for the services of the attorney. (g) In any action brought pursuant to subsection (b) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section 9-11-4, mail to the Commissioner of Insurance and the consumers' insurance advocate a copy of the demand and complaint by first-class mail. Failure to comply with this subsection may be cured by delivering same." 1110 JOURNAL OF THE SENATE SECTION 23. Said title is further amended in Code Section 33-20A-9.1, relating to legislative intent, consumer choice options, expenses, and benefits of managed health care plans, by revising paragraph (4) of subsection (d) as follows: "(4) After 12 months of full implementation, the pricing of the consumer choice option may be reevaluated to consider actual costs incurred and the experience of the standard plan without the option as compared to the consumer choice option. Based on an independent actuarial evaluation of such actual costs incurred and experience, managed care entities may apply for a waiver of the cost provisions of paragraphs (2) and (3) of this subsection to the Insurance Commissioner's office with copies to the consumers' insurance advocate on or after July 1, 2001." SECTION 24. Said title is further amended by repealing in its entirety Chapter 57, relating to the consumers' insurance advocate, and designating said chapter as reserved. SECTION 25. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising Code Section 35-1-13, relating to completion and transmission of reports from victims of identity fraud, as follows: "35-1-13. Notwithstanding any other provision of law, any law enforcement agency that receives a report from a resident of this state that such person has been the victim of identity fraud shall prepare an incident report and transmit the same to the Governor's Office of Consumer Affairs Georgia Bureau of Investigation identity fraud repository, as provided in Code Section 16-9-123, notwithstanding the fact that such person's identity may have been used solely to commit one or more criminal offenses beyond the jurisdiction of this state. Copies of such incident reports shall be referred from the Governor's Office of Consumer Affairs office of the Attorney General to the Georgia Crime Information Center as provided in Chapter 3 of this title and to any jurisdiction in which such identity has been used." SECTION 26. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-76-7, relating to customer service requirements relative to expedited franchising of cable and video services, as follows: "36-76-7. (a) The holder of a state franchise shall comply with the customer service standards as set forth in 47 C.F.R. 76.309(c). No franchising authority shall have the power to require the holder of a state franchise to comply with any customer service standards other than those set forth in this Code section. (b) Except as provided in paragraph (2) of subsection (c) of this Code section, each affected local governing authority shall receive and handle complaints from subscribers WEDNESDAY, MARCH 11, 2015 1111 of the holder of a state franchise that reside in the affected local governing authority's jurisdiction. (c)(1) By December 31, 2007, the Governor's Office of Consumer Affairs shall establish a uniform set of rules, which may include fines and penalties, pursuant to which an affected local governing authority shall resolve subscriber complaints. Said rules shall include a requirement that the cable service provider or video service provider participate in mandatory nonbinding mediation with the affected local governing authority and the subscriber if the issue cannot be resolved between the cable service provider or video service provider and the subscriber. Said rules shall apply only until 50 percent of the potential subscribers within an affected local governing authority are offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise. (2) After such time as 50 percent of the potential subscribers within an affected local governing authority are being offered service by two or more cable service providers or video service providers holding a state franchise or a local franchise, an affected local governing authority may, in its discretion, by the adoption of a resolution or ordinance, discontinue receiving and handling all subscriber inquiries, billing issues, and other complaints for state franchise holders. Notwithstanding any other provision of law, where an affected local governing authority discontinues receiving and handling subscriber inquiries, billing issues, and other complaints relating to state franchise holders by adoption of a resolution or ordinance pursuant to this paragraph, bills to subscribers by cable service providers or video service providers holding a state franchise shall not include the contact information of such affected local governing authority for the purpose of directing or initiating complaints or making other such subscriber inquiries. (d) Rules, orders, actions, and regulations previously adopted pursuant to this Code section shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General." SECTION 27. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1A-4, relating to the Occupational Regulation Review Council, as follows: "43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten nine members: (1) The comptroller general or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of public health or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; 1112 JOURNAL OF THE SENATE (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9)(8) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10)(9) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 431A-5 is being considered by the council. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (8) and (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees." SECTION 28. Said title is further amended by revising subsection (b) of Code Section 43-1A-5, relating to powers and duties of the Occupational Regulation Review Council, as follows: "(b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) (9) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a WEDNESDAY, MARCH 11, 2015 1113 formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation." SECTION 29. Said title is further amended by revising Code Section 43-17-2, relating to definitions regarding charitable solicitations, as follows: "43-17-2. As used in this chapter, the term: (1) 'Attorney General' 'Administrator' means the office created in subsection (a) of Code Section 10-1-395 Attorney General or his or her designee. (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in paragraph (12) of this Code section. (3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph. (4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose. (4.1) 'Collection receptacle' means an unattended container for the purpose of collecting donations of clothing, books, personal or household items, or other goods. Such term shall not include containers used for the purpose of collecting monetary donations. (5) 'Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion. (6) 'Contribution' means the promise or grant of any money or property of any kind or value. (7) 'Educational institution' means an entity organized and operated exclusively for educational purposes and which either: (A) Maintains a regular faculty and curriculum and has a regularly enrolled body of students in attendance at the place where its educational activities are regularly carried on; or (B) Is accredited by a nationally recognized, independent higher education accreditation body. 1114 JOURNAL OF THE SENATE (8) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (9) 'Fundraising counsel' means any person, other than a paid solicitor required to register under this chapter, who plans, advises, consults, or prepares material for a solicitation of charitable contributions within, into, or from this state and who does not either: (A) Solicit such contributions or employ, procure, engage, direct, or supervise any compensated person to solicit such contributions; or (B) Have custody or control of contributions. A natural person who is a volunteer, employee, or salaried officer of a charitable organization is not a fundraising counsel with respect to the charitable organization of which he or she is a volunteer, individual, or officer. An attorney, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fundraising counsel or advises a person to make a charitable contribution is not a fundraising counsel as a result of such advice. (10) 'General public' or 'public,' with respect to a charitable organization, means any person in the State of Georgia without a membership in or other bona fide relationship with such charitable organization. (11) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution. (12)(A) 'Paid solicitor' means a person: (i) Other than a commercial coventurer who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such person or by any compensated person he or she employs, procures, engages, or contracts with, directly or indirectly, to so solicit; (ii) Who would be a fundraising counsel but for the fact that such person at any time has custody of contributions from a solicitation as defined by this chapter; or (iii) Who services a collection receptacle which purports, either through language appearing on the receptacle itself or otherwise, to be collecting items for the purpose of benefiting a charitable purpose or one or more entities espousing a charitable purpose. (B) A 'paid solicitor' shall not mean: (i) A bona fide officer, employee, or volunteer of a charitable organization or WEDNESDAY, MARCH 11, 2015 1115 commercial coventurer with respect to contributions solicited for that charitable organization; (ii) An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement; (iii) A person who removes or delivers donations placed in a collection receptacle for a fixed fee and who does not otherwise directly or indirectly receive any of the proceeds of the sale of such donations or derive any other benefit from such activity; or (iv) A charitable organization registered with the Secretary of State which operates collection receptacles or a religious organization which operates collection receptacles. (13) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (14) 'Religious organization' means an entity which: (A) Conducts regular worship services; or (B) Is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, Return of Organization Exempt From Income Tax, under any circumstances. (15) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (16) 'Solicitor agent' means any person, other than a paid solicitor or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include, with respect to a particular charitable organization which is either registered or exempt from registration under this chapter, any person who is a charitable organization itself or a bona fide officer, employee, or volunteer of such charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent. (17) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands." SECTION 30. Said title is further amended by revising subsection (e) of Code Section 43-17-11, relating to enforcement of chapter regarding charitable solicitations, investigations, subpoenas, and cooperation with law enforcement and regulatory agencies, as follows: "(e) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975,' Attorney 1116 JOURNAL OF THE SENATE General in enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator Attorney General has initiated a civil or administrative proceeding in connection with a joint investigation under this subsection he or she may publish in print or electronically information concerning any violation of this chapter or Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975.'" SECTION 31. Said title is further amended by revising Code Section 43-17-19, relating to applicability of "Fair Business Practices Act of 1975" on provisions relative to charitable solicitations, as follows: "43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator Attorney General to take any action under the 'Fair Business Practices Act of 1975' regarding unfair and deceptive acts or practices in a solicitation or in solicitations." SECTION 32. Said title is further amended by revising Code Section 43-47-3, relating to the creation of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, composition, terms of office, vacancies, election of chairperson, and divisions, as follows: "43-47-3. (a) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. The board shall be comprised of 15 14 members: (1) Three members shall be independent used car dealers; (2) Three members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; (3) The state revenue commissioner, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (4) The administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board Reserved; (5) One member shall be a representative of the automobile auction industry; (6) One member shall be an auto salvage pool operator; (7) Two members shall be used motor vehicle parts dealers who are not rebuilders; (8) One member shall be a rebuilder; (9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is WEDNESDAY, MARCH 11, 2015 1117 in the business of pawning automobile titles and is licensed as a used car dealer; and (10) One member shall be a representative of the automobile insurance industry. (b) The members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8), (9), and (10) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1995, or as soon thereafter as appointed. The initial terms of those 13 appointed members shall expire as follows: three on June 30, 1996; three on June 30, 1997; three on June 30, 1998; and four on June 30, 1999. Thereafter, the appointed members of the board shall serve terms of four years. All members shall be residents of this state. No more than two of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairperson for a term of two years. The board chairperson shall not also serve contemporaneously as the chairperson of either division under this chapter. The first term as chairperson of the board shall be served by a member or members elected from either division under this chapter; thereafter, the chairperson for each succeeding term shall not be elected from the same division as that of the chairperson from the immediately preceding term. In the event a chairperson of the board is unable to complete his or her term, his or her successor for the remainder of the term shall be elected from the same division as was the chairperson who is unable to complete the term. The chairperson of the board shall be an ex officio member of both divisions under this chapter, however, the chairperson of the board shall not be counted for purposes of determining whether a quorum is present in the division meeting for the division in which he or she is not a regular member. (d)(1) The board shall be composed of two divisions, a used car division and a used parts division. (2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the state revenue commissioner or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the state revenue commissioner or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year. (4) The chairperson of the board shall determine which of the two members from the 1118 JOURNAL OF THE SENATE public at large will serve in the used car division and which shall serve in the used parts division." SECTION 33. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising subsection (d) of Code Section 44-3-7, relating to the willful violation of the "Georgia Land Sales Act," effect on statutory or common-law right to punish violations, and effect of article on administrator appointed under Title 10, Chapter 1, Article 15, Part 2, as follows: "(d) Nothing in this article shall be deemed to prohibit the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10 Attorney General from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person." SECTION 34. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (9) of subsection (a) of Code Section 4510-25, relating to exceptions to prohibitions on transactions with state agencies, as follows: "(9) Any transaction involving the Public Service Commission's employment of any state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the consumers' utility counsel division of the office of the administrator created in Code Section 10-1-395 in fulfilling its duties and responsibilities under Title 46. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the employee may not provide services to the Georgia Public Service Commission during such times as he or she is regularly scheduled to be at his or her primary place of employment unless the employee has received permission to do so from his or her regular employer or unless the employee is on annual leave or leave without pay;" SECTION 35. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-2-23.1, relating to alternative form of regulation provisions for gas companies, as follows: "46-2-23.1. (a) As used in this Code section, the term 'alternative form of regulation' means a method of establishing just and reasonable rates and charges for a gas company by performance based regulation without regard to methods based strictly upon cost of service, rate base, and rate of return. Performance based regulation may include without limitation one or more of the following features: earnings sharing, price caps, price-indexing formulas, ranges of authorized rates of return, and the reduction or suspension of regulatory requirements. (b) A gas company may from time to time file an application with the commission to WEDNESDAY, MARCH 11, 2015 1119 have its rates, charges, classifications, and services regulated under an alternative form of regulation. Within ten days of the filing, the gas company shall publish a notice generally describing the application in a newspaper or newspapers with general circulation in its service territory. (c) After notice and hearing the commission may approve the plan, or approve it with modifications, if the commission determines that the application is in the public interest and will produce just and reasonable rates, after taking into consideration the extent to which the application: (1) Is designed to and is likely to produce lower prices for consumers of natural gas in Georgia; (2) Will provide incentives for the gas company to lower its costs and rates; (3) Will provide incentives to improve the efficiency and productivity of the gas company; (4) Will foster the long-term provision of natural gas service in a manner that will improve the quality and choices of service; (5) Is consistent with maintenance and enhancement of safe, adequate, and reliable service and will maintain or improve preexisting service quality and consumer protection safeguards; (6) Will not result in cross-subsidization among or between groups of gas company customers; (7) Will not result in cross-subsidization among or between the portion of the gas company's business or operations subject to the alternative form of regulation and any unregulated portion of the business or operations of the gas company or of any of its affiliates; (8) Will reduce regulatory delay and cost; and (9) Will tend to enhance economic activity in the affected service territory. (d) Performance based regulation adopted by the commission as an alternative form of regulation shall provide for the following: (1) Equal and symmetric opportunities to earn above and below the performance standard; (2) Performance incentives based upon conditions within the control of the management of the gas company; and (3) Adjustments from time to time for the net effect of changes in tax rates, other costs imposed by law, and the cost of capital. (e) Where an application for an alternative form of regulation has been filed by a gas company and the commission determines that the proposal does not satisfy the requirements of this Code section, it may either reject the proposal or issue an order approving an alternative with such modifications as the commission deems necessary to satisfy the requirements of this Code section. The commission shall determine and prescribe in any such order establishing rates and charges the revenue requirements of the gas company filing the application. (f) An order adopting an alternative form of regulation may include: (1) Terms and conditions for establishing new services, withdrawing services, price 1120 JOURNAL OF THE SENATE changes to services, and services by contract to individual customers; (2) Terms and conditions necessary to achieve the objectives contained in subsection (c) of this Code section; (3) General or specific authorization for changes in rates, charges, classifications, or services such that the provisions of subsection (a) of Code Section 46-2-25 do not require 30 days' notice and commission approval before such change or changes may go into effect; and (4) Other rates, terms, and conditions that are consistent with the objectives and requirements of subsection (c) of this Code section. (g) Except as otherwise provided in this Code section, the provisions of this title relating to the rates, charges, and terms of service of a gas company shall apply to rates, charges, and terms of service established pursuant to this Code section. (h) Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this Code section. (i)(1) Neither the provisions of this Code section nor the provisions of Article 5 of Chapter 4 of this title shall prohibit a gas company from releasing interstate pipeline capacity available to it from time to time and not required to serve the requirements of its retail customers and marketers and from making sales of gas with or without interstate transportation capacity to municipal corporations, other local gas distribution companies, or marketers and end users connected to an interstate pipeline company or connected to another local distribution company; provided, however, that where net benefits to the firm retail customers who are receiving commodity sales service from the gas company accrue: (A) Twenty percent of the revenues from the release of interstate pipeline capacity for the purposes of transporting gas to end users in Georgia shall be allocated to the gas company, and the remaining 80 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm retail customers; (B) Ten percent of the revenues from the release of interstate pipeline capacity for the purpose of transporting gas to end users outside of Georgia shall be allocated to the gas company, and the remaining 90 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm retail customers; and (C) Fifty percent of the net margin from the sale of gas, with or without interstate capacity, to municipal corporations, other local gas distribution companies, or marketers and end users connected to an interstate pipeline company or connected to another local distribution company shall be allocated to the gas company, and the remaining 50 percent of such net margins shall be credited to the costs of gas sold by the gas company to firm retail customers; provided, however, that if as a result of such sale, the then existing natural gas requirements of retail customers in Georgia cannot be supplied physically, all of such net margin shall be credited to the costs of gas. The net margin shall be calculated by subtracting all variable costs associated with the transaction from the revenues generated by the transaction. The costs recovered by the gas company through such transactions shall be credited to the gas WEDNESDAY, MARCH 11, 2015 1121 costs payable by retail customers of the gas company. (2) Where a universal service fund has been created by the commission pursuant to Code Section 46-4-161 for a gas company which is an electing distribution company, as defined in paragraph (10) of Code Section 46-4-152, the shares that are to be credited to the costs of gas sold to firm retail customers under subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be allocated to such fund, and the costs recovered through a transaction described in subparagraph (C) of this subsection shall be allocated to such company. (3) Any gas company which engages in a transaction of a type described in paragraph (1) of this subsection, which results in the allocation to the gas company of a share of the revenues or net margin therefrom, shall make a report to the commission annually describing each such transaction and explaining the benefits resulting to firm retail customers from each such transaction. Such report shall be served on the consumer's utility counsel division of the Governor's Office of Consumer Affairs." SECTION 36. Said title is further amended by revising Code Section 46-2-26.3, relating to the recovery of costs of conversion from oil-burning to coal-burning generating facility, filing of request, public hearing, determination of rate, and adjustments, as follows: "(f) Upon recovery by the utility of the cost of conversion as herein provided, the utility shall no longer charge any rate authorized to recover the cost of conversion. Upon such termination, the utility shall file a report with the commission and the consumers' utility counsel within 30 days, sworn to by an officer of the utility, that its fuel-savings-allocation revenues are in compliance with all commission orders issued pursuant to this Code section. In the event such revenue is lesser or greater than the utility's cost of conversion, the commission shall make such determinations and issue such orders as are necessary to result in the full recovery, but no more, of the cost of conversion." SECTION 37. Said title is further amended by revising Code Section 46-4-155, relating to regulation of unbundled natural gas services, as follows: "46-4-155. (a) Except as otherwise provided by this article, an electing distribution company which offers firm distribution service remains subject to the jurisdiction of the commission under this title. Without limiting the generality of the foregoing, the commission shall have general supervision of such company pursuant to Code Section 46-2-20, and the rates of an electing distribution company for firm distribution service and the ancillary services which are subject to the rate jurisdiction of the commission shall be established in accordance with the provisions of this article and Code Section 46-2-23.1. (b) An electing distribution company shall offer liquefied natural gas peaking service to marketers at rates and on terms approved by the commission, subject however to the 1122 JOURNAL OF THE SENATE following: (1) If a marketer which is not affiliated with an electing distribution company obtains a peaking service in a delivery group from a person other than the electing distribution company, the rate for liquefied natural gas peaking service by the electing distribution company in such delivery group shall not be subject to approval by the commission but shall be capped at 120 percent of the rate for such service previously established by the commission; and (2) If the commission determines pursuant to a filing by the electing distribution company or otherwise, and based upon the factors listed in subsection (c) of this Code section, that reasonably available alternatives for such peaking services exist in the delivery group, the rate for such services in a delivery group shall not be subject to regulation by the commission and the plant and equipment of the electing distribution company which is used and useful for receiving gas for liquefaction, liquefying gas, storing liquefied natural gas, and re-gasifying liquefied natural gas, including the land upon which such plant and equipment is located, shall be removed from the rate base for rate-making purposes of the electing distribution company in an amount which is the lower of the fair market value or the depreciated book value of such facilities. In addition, the rates for firm distribution service of the electing distribution company shall be adjusted to eliminate any applicable recovery of the operation and maintenance expenses associated with such facilities and gas in storage in such facilities, as well as the return on investment attributable to the amount removed from the rate base. For purposes of such review and determination, the fact that such services have been obtained by a marketer which is not affiliated with the electing distribution company shall create a presumption that there are reasonably available alternatives for such peaking services in the delivery group. (c) An electing distribution company shall offer each type of customer service to marketers at rates and on terms approved by the commission in accordance with this article and Code Section 46-2-23.1 until such time as the commission determines that marketers have reasonably available alternatives to purchasing such service from the electing distribution company. The commission shall make a separate determination for each type of service. In making such determinations, the commission shall consider the following factors: (1) The number and size of alternative providers of the service; (2) The extent to which the service is available from alternative providers in the relevant market; (3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (4) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of a service. (d) For each delivery group for which the commission has not determined pursuant to Code Section 46-4-156 that adequate market conditions exist, and thus has not initiated customer assignment, an electing distribution company shall: (1) Offer interruptible distribution service and balancing services at rates and on WEDNESDAY, MARCH 11, 2015 1123 terms approved by the commission in accordance with the provisions of this article and Code Section 46-2-23.1 to retail customers and marketers, subject to the rules, regulations, and general terms and conditions of the electing distribution company as approved by the commission; (2) Offer firm distribution service at rates and on terms approved by the commission in accordance with the provisions of this article and Code Section 46-2-23.1 to retail customers and marketers, subject to the rules, regulations, and general terms and conditions of the electing distribution company as approved by the commission; and (3) Offer in conjunction with such firm distribution service a commodity sales service; provided, however, that the rates for such commodity sales service shall be established pursuant to the provisions of Code Section 46-2-26.5, relating to the filing and adoption of a gas supply plan; and provided, further, that the rates for such commodity sales service shall not be subject to the provisions of Code Section 46-226.5 nor subject to the approval of the commission if at least five marketers, excluding any marketer which is an affiliate of the electing distribution company, have been granted certificates of authority to serve in the delivery group. (e)(1) As used in this subsection, the term 'interstate capacity assets' means interstate transportation and out-of-state gas storage capacity. (2) If, pursuant to the provisions of this article, the rates for commodity sales service of an electing distribution company within a delivery group or groups become no longer subject to the approval of the commission nor to the provisions of Code Section 46-2-26.5, the electing distribution company nevertheless shall continue to be responsible for acquiring and contracting for the interstate capacity assets necessary for gas to be made available on its system, whether directly or by assignment to marketers, for firm distribution service to retail customers within such delivery group or groups unless determined otherwise by the commission in accordance with this subsection. (3) At least every third year following the date when the rates for commodity sales service within a delivery group or groups become no longer subject to commission approval nor to the provisions of Code Section 46-2-26.5, the electing distribution company shall file, on or before August 1 of such year, a capacity supply plan which designates the array of available interstate capacity assets selected by the electing distribution company for the purpose of making gas available on its system for firm distribution service to retail customers in such delivery group or groups. (4) Not less than ten days after any such filing by an electing distribution company, the commission shall conduct a public hearing on the filing. The electing distribution company's testimony shall be under oath and shall, with any corrections thereto, constitute the electing distribution company's affirmative case. At any hearing conducted pursuant to this subsection, the burden of proof to show that the proposed capacity supply plan is appropriate shall be upon the electing distribution company. (5) Following such a hearing, the commission shall issue an order approving the capacity supply plan filed by the electing distribution company or adopting a capacity supply plan for the electing distribution company that the commission deems 1124 JOURNAL OF THE SENATE appropriate. Should the commission fail or refuse to issue an order by the ninetieth day after the electing distribution company's filing which either approves the capacity supply plan filed by the electing distribution company or adopts a different capacity supply plan for the electing distribution company, the capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (6) Any capacity supply plan approved or adopted by the commission shall: (A) Specify the range of the requirements to be supplied by interstate capacity assets; (B) Describe the array of interstate capacity assets selected by the electing distribution company to meet such requirements; (C) Describe the criteria of the electing distribution company for entering into contracts under such array of interstate capacity assets from time to time to meet such requirements; provided, however, that a capacity supply plan approved or adopted by the commission shall not prescribe the individual contracts to be executed by the electing distribution company in order to implement such plan; and (D) Specify the portion of the interstate capacity assets which must be retained and utilized by the electing distribution company in order to manage and operate its system. (7) When interstate capacity assets that are contained in a capacity supply plan approved or adopted by the commission are allocated by the electing distribution company to a marketer pursuant to the provisions of this article, all of the costs of the interstate capacity assets thus allocated shall be borne by such marketer. (8) The provisions of law relating to parties, intervention, and discovery in proceedings before the commission shall apply with respect to proceedings under this subsection. (9) All commission orders issued pursuant to this subsection shall contain the commission's findings of fact and conclusions of law upon which the commission's action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (10) Prior to the approval or adoption of a capacity supply plan pursuant to this subsection, the interstate capacity assets of the electing distribution company in the most current gas supply plan of such company approved or adopted by the commission pursuant to the provisions of Code Section 46-2-26.5 shall be treated as a capacity supply plan that is approved or adopted by the commission for purposes of this subsection. (11) After a capacity supply plan has become effective pursuant to provisions of this subsection as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the purposes set forth in this subsection. Upon application of the affected electing distribution company or the consumers' utility counsel division of the Governor's Office of Consumer Affairs or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected electing distribution company and the intervenors in the proceeding, WEDNESDAY, MARCH 11, 2015 1125 amend the capacity supply plan of the affected electing distribution company. Any such amendment shall not adversely affect rights under any contract entered into pursuant to such plan without the consent of the parties to such contracts. If an amendment proceeding is initiated by the affected electing distribution company and the commission fails or refuses to issue an order by the ninetieth day after the electing distribution company's filing, the amended capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (12) After an electing distribution company has no obligation to provide commodity sales service to retail customers pursuant to the provisions of Code Section 46-4-156 and upon the petition of any interested person and after notice and opportunity for hearing afforded to the electing distribution company, all parties to the most current proceeding establishing a capacity supply plan for such electing distribution company, the consumers' utility counsel division of the Governor's Office of Consumer Affairs, all marketers who have been issued a certificate of authority pursuant to Code Section 46-4-153, and all owners or operators of interstate gas pipelines that are a part of said capacity supply plan, the commission may issue an order eliminating the responsibility of the electing distribution company for acquiring and contracting for interstate capacity assets necessary for gas to be made available on its system as well as the obligation of such electing distribution company to file any further capacity supply plans with the commission pursuant to the provisions of this subsection, if the commission determines that: (A) Marketers can and will secure adequate and reliable interstate capacity assets necessary to make gas available on the system of the electing distribution company for service to firm retail customers; (B) Adequate, reliable, and economical interstate capacity assets will not be diverted from use for service to retail customers in Georgia; (C) There is a competitive, highly flexible, and reasonably accessible market for interstate capacity assets for service to retail customers in Georgia; (D) Elimination of such responsibility on the part of the electing distribution company would not adversely affect competition for natural gas service to retail customers in Georgia; and (E) Elimination of such responsibility on the part of the electing distribution company is otherwise in the public interest. If the commission eliminates the responsibility of an electing distribution company for acquiring and contracting for interstate capacity assets and filing further capacity supply plans in accordance with this subsection, the commission shall annually review the assignment of interstate capacity assets. (13) Notwithstanding any other provisions in this Code section to the contrary, no later than July 1, 2003, the commission shall, after notice afforded to the electing distribution company, the consumers' utility counsel division of the Governor's Office of Consumer Affairs, all marketers who have been issued a certificate of authority in accordance with Code Section 46-4-153, and all owners or operators of interstate gas 1126 JOURNAL OF THE SENATE pipelines that are a part of said capacity supply plan, hold a hearing regarding a plan for assignment of interstate assets. After such hearing, the commission may adopt a plan for assignment of interstate capacity assets held by the electing distribution company, except for those interstate capacity assets reasonably required for balancing. If adopted, the plan shall provide for interstate capacity assets to be assigned to certificated marketers who desire assignment and who are qualified technically and financially to manage interstate capacity assets. Marketers who accept assignment of interstate capacity assets shall be required by the commission to use such assets primarily to serve retail customers in Georgia and shall be permitted to use such assets outside Georgia so long as the reliability of the system is not compromised. Thereafter, the commission shall annually review the assignment of interstate capacity assets. (14) Any order eliminating the responsibility of the electing distribution company for acquiring and contracting for interstate capacity assets pursuant to paragraph (12) of this subsection and any plan for assignment of interstate capacity assets pursuant to paragraph (13) of this subsection shall, at a minimum, ensure that: (A) Shifts in market share are reflected in an orderly reassignment of interstate capacity assets; (B) Marketers hold sufficient interstate capacity assets to meet the needs of retail customers; (C) Before any such assignment is authorized, the assignee demonstrates to the commission that such assignment will result in financial benefits to firm retail customers; (D) Before any marketer discontinues service in the Georgia market, it assigns its contractual rights for interstate capacity assets used to serve Georgia retail customers in a manner designated by the commission; (E) In the event that the commission imposes temporary directives in accordance with Code Section 46-4-157, interstate capacity assets assigned to marketers are subject to reassignment by the commission to protect the interests of retail customers; and (F) Any other requirement that the commission finds to be in the public interest is imposed upon assignees as a condition of the assignment of interstate capacity assets. (15) After notice and an opportunity for hearing, the commission may authorize, subject to reasonable terms and conditions, an electing distribution company or its designee to utilize or monetize excess interstate capacity assets available to the electing distribution company." SECTION 38. Said title is further amended by revising Code Section 46-4-158.2, relating to rules governing marketer's terms of service, as follows: "46-4-158.2. The commission shall by September 1, 2002, adopt rules governing a marketer's terms WEDNESDAY, MARCH 11, 2015 1127 of service for natural gas consumers. Such rules shall provide, without limitation, that: (1) Each retail natural gas marketer shall establish policies and procedures for handling billing disputes and requests for payment arrangements, which must be approved by the commission; (2) A marketer's advertised prices shall reflect the prices or the pricing methodology in disclosure statements and billed prices and shall be presented in the standard pricing unit of the electing distribution company; (3) The consumer shall have a right to contact the commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs if he or she is not satisfied with the response of the marketer; (4) Marketers shall provide all consumers with a three-day right of rescission following the receipt of the disclosure statement, which shall be provided to consumers at times specified in rules and regulations of the commission. Consumers may cancel an agreement in writing or electronically by contacting the marketer; (5) Whenever a marketer offers a fixed term agreement and the expiration date of such agreement is approaching, or whenever a marketer proposes to change its terms of service under any type of agreement, the marketer shall provide written notification to the natural gas consumer, clearly explaining the consumer's options at that point, including, but not limited to, the option to seek another marketer; (6) A marketer shall not charge cancellation fees to a low-income residential consumer seeking service for the first time from the regulated provider; (7) Gas service to a consumer shall be disconnected only for failure to pay for service from the consumer's current marketer. A marketer may not request disconnection of service for nonpayment of a bill which was not sent to the consumer in a timely manner. Every marketer shall be required to offer at least one reasonable payment arrangement in writing to a consumer prior to requesting that such consumer be disconnected for failure to pay. Disconnection of service to a consumer is authorized no earlier than 15 days after a notice that service will be disconnected; (8) Marketers shall be prohibited from sending estimated bills to natural gas consumers; provided, however, that when information from actual meter readings is not made available by the electing distribution company or any other party authorized to perform meter reading, marketers may send an estimated bill for not more than two consecutive months; and (9) No marketer shall be authorized to prevent a consumer from obtaining distribution and commodity sales service from another marketer or provider." SECTION 39. Said title is further amended by revising Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements and bills relative to natural gas service, as follows: "46-4-158.3. The commission shall, by September 1, 2002, adopt rules and regulations requiring marketers which provide firm distribution service under this article to provide adequate 1128 JOURNAL OF THE SENATE and accurate consumer information to enable consumers to make informed choices regarding the purchase of natural gas services. Such rules shall provide, without limitation, that: (1) A disclosure statement shall be provided to consumers in an understandable format that enables such consumers to compare prices and services on a uniform basis. Rules adopted by the commission shall provide when disclosure statements shall be provided to consumers. Such disclosure statements shall include, but shall not be limited to, the following: (A) For fixed rate charges for natural gas service, a clear disclosure of the components of the fixed rate, the actual prices charged by the marketer, presented in a single standard pricing unit which includes any charges imposed by the marketer or its agent, so that the consumer can compare rates among marketers. This disclosure shall not include state and local sales taxes. The standard pricing disclosure unit must include all recurring monthly charges; (B) For variable rate charges for natural gas service, a clear and understandable explanation of the factors that will cause the price to vary and how often the price can change, the current price, and the ceiling price, if any, so that the consumer can compare rates among marketers. The current price and ceiling price, if applicable, shall be presented in a single standard pricing unit which includes any charges imposed by the marketer or its agent. This disclosure shall not include state and local sales taxes. The standard pricing disclosure unit must include all recurring monthly charges; (C) A statement that the standard unit price does not include state and local taxes or charges imposed by the electing distribution company; (D) The length of the agreement, including the starting date and expiration date, if applicable; (E) The billing interval, the method by which monthly charges imposed by the electing distribution company will be billed to the consumer in the event the consumer commences or terminates service with the marketer during the billing interval, and any late payment, cancellation, or reconnection fees; (F) The marketer's budget billing, payment, credit, deposit, cancellation, collection, and reconnection policies and procedures; (G) How to contact the marketer for information or complaints; (H) A statement of the natural gas consumer's right to contact the commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs if he or she is not satisfied with the response of the marketer, including the local and toll-free telephone numbers of these agencies; (I) The division name and telephone number for information regarding heating assistance administered by the Department of Human Services; (J) The following statement: 'A consumer shall have a three-day right of rescission following the receipt of this disclosure at the time of initiating service or when informed of a change in terms or conditions. You, the consumer, may cancel in writing or electronically by WEDNESDAY, MARCH 11, 2015 1129 contacting the marketer.'; (K) The following statement: 'If you have a fixed term agreement with us and it is approaching the expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written notification from us prior to the date of expiration of or change to the agreement. We will explain your options to you in this advance notification.'; (L) A statement setting forth the requirements of paragraphs (6) through (9) of Code Section 46-4-158.2; and (M) A statement that deposits shall not exceed $150.00; and (2) Natural gas consumers' bills shall be accurate and understandable and shall contain sufficient information for a consumer to compute and compare the total cost of competitive retail natural gas services. Such bills shall include, but not be limited to, the following: (A) The consumer's name, billing address, service address, and natural gas company account number; (B) The dates of service covered by the bill, an itemization of each type of competitive natural gas service covered by the bill, any related billing components, the charge for each type of natural gas service, and any other information the consumer would need to recalculate the bill for accuracy; (C) The applicable billing determinants, including beginning meter reading, ending meter reading, multipliers, and any other consumption adjustments; (D) The amount billed for the current period, any unpaid amounts due from previous periods, any payments or credits applied to the consumer's account during the current period, any late payment charges or gross and net charges, if applicable, and the total amount due and payable; (E) The due date for payment to keep the account current; (F) The current balance of the account, if the natural gas consumer is billed according to a budget plan; (G) Options and instructions on how the natural gas consumer can make a payment; (H) A toll-free or local telephone number and address for consumer billing questions or complaints for any retail natural gas company whose charges appear on the bill; (I) The applicable electing distribution company's 24 hour local or toll-free telephone number for reporting service emergencies; and (J) An explanation of any codes and abbreviations used." SECTION 40. Said title is further amended by revising Code Section 46-4-160, relating to the commission's authority over certificated marketers, access to records, investigations and hearings, price summary, billing, violations, and slamming, as follows: "46-4-160. (a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the 1130 JOURNAL OF THE SENATE commission shall have authority to: (1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality. In promulgating consumer protection rules under this article, the commission shall, to the extent practicable, provide for rules with a self-executing mechanism to resolve such complaints in a timely manner. Such consumer protection rules shall encourage marketers to resolve complaints without recourse to the commission and shall expedite the handling of those complaints that do require action by the commission by providing for a minimum payment of $100.00 to the consumer, plus penalties and fines as determined by the commission, for violations of such rules; (4) Resolve complaints against a marketer regarding that marketer's service; (5) Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers' bills. The commission shall require at a minimum that bills specify the gas consumption amount, price per therm, distribution charges, and any service charges. The commission shall prescribe performance standards for marketer billing relating to accuracy and timeliness of customer bills; (6) Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules and regulations shall require a marketer to have and maintain the ability to process cash payments from customers in this state. The rules and regulations shall provide procedures relating to the handling and disposition of customer complaints; and (7) Adopt reasonable rules and regulations requiring marketers to provide notification to retail customers of or include with customer bills information relating to where customers may obtain pricing information relative to gas marketers. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales. (c) Except as otherwise provided by this article, the price at which a marketer sells gas shall not be regulated by the commission. (d) The commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer. (g) The commission, subject to receiving state funds for such purpose, is required to WEDNESDAY, MARCH 11, 2015 1131 have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer. In addition, the commission shall make such information available to Georgia Public Telecommunications (GPTV) under the jurisdiction of the Georgia Public Telecommunications Commission which will provide such information to the general public at a designated time at least once a month. (h) A marketer shall render a bill to retail customers for services within 30 days of the date following the monthly meter reading. A marketer's bill shall utilize the results of the actual meter reading subject to paragraph (8) of Code Section 46-4-158.2. The price for natural gas billed to a natural gas consumer shall not exceed the marketer's published price effective at the beginning of the consumer's billing cycle. A marketer shall allow the natural gas consumer a reasonable period of time to pay the bill from the date the consumer receives the bill, prior to the application of any late fees or penalties. Marketers shall not impose unreasonable late fees or penalties and in no event shall any such fees or penalties exceed $10.00 or 1.5 percent of the past due balance, whichever is greater. (i) Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section, including but not limited to rules relating to false billing, or which fails, neglects, or refuses to comply with any order of the commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91. (j) As used in this subsection, the phrase 'terms and conditions' does not include price. At least 30 days prior to the effective date of any changes in the terms and conditions for service authorized by the marketer's certificate of authority, a marketer shall file such changes with the commission. Such changes to the terms and conditions of service shall go into effect on the effective date proposed by the marketer; provided, however, that the commission shall be authorized to suspend the effective date of the proposed changes for up to 90 days if it appears to the commission that the proposed terms and conditions are unconscionable or are unfair, deceptive, misleading, or confusing to consumers. If the commission does not issue a final decision on the proposed terms and conditions of service within the 90 day suspension period, the proposed changes shall be deemed approved. (k) Any consumer determined by the commission to be the victim of slamming shall be able to switch back to his or her desired marketer without any charge. No marketer responsible for slamming a consumer shall be entitled to any remuneration for services provided to that customer, and any refund owed to such a consumer by the marketer who switched the consumer without his or her consent shall be paid within 30 days of the date the commission determined the consumer was a victim of slamming. No marketer responsible for slamming a consumer who is determined to be a victim of slamming shall report to a credit reporting agency any moneys owed by such a consumer to such marketer; any marketer who violates the prohibition set out in this 1132 JOURNAL OF THE SENATE sentence shall be required by the commission to pay such a consumer $1,000.00 for each such prohibited report." SECTION 41. Said title is further amended by revising Code Section 46-4-160.5, relating to retail customer recovery for violations concerning natural gas, as follows: "46-4-160.5. (a) Any retail customer who is damaged by a marketer's violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the retail customer, as well as incidental damages, consequential damages, reasonable attorney's fees, and court costs. (b) Any violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section is declared to be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Any remedy available under such part shall be available to any retail customer and any action by the administrator Attorney General that such part authorizes for a violation of such part shall be authorized for violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section. This subsection shall not be construed to provide that other violations of this article or rules promulgated under this article are not violations of such part. (c) The provisions of this Code section shall apply to violations of subsections (g) and (h) of Code Section 46-4-156, Code Sections 46-4-158.2, 46-4-160.1, and 46-4-160.2, and substantial violations of Code Section 46-4-158.3." SECTION 42. Said title is further amended by revising Code Section 46-4A-4, relating to powers and duties of the director of the Office of Planning and Budget relative to provision of energy conservation assistance to residential customers by electric and gas utilities, as follows: "46-4A-4. The director shall have and may exercise the following powers and duties: (1) To adopt, modify, repeal, and promulgate, after consultation with all affected parties and due notice and public hearings held in accordance with and established pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' rules and regulations for the establishment and implementation of the Residential Conservation Service program. The initial proposed regulations shall be based upon the state plan for the Residential Conservation Service as approved by the United States Department of Energy and shall include provisions for: (A) Identification of covered utilities; (B) Utility responsibilities, such as: (i) Providing program information for customers; (ii) Performance of on-site energy audits; (iii) Arranging financing and installation; WEDNESDAY, MARCH 11, 2015 1133 (iv) Distribution of lists of contractors, suppliers, and lenders; (v) Conducting inspections of installed measures; (vi) Determining qualifications of auditors and inspectors; and (vii) Establishing record keeping, financial accounting, and reporting requirements; (C) Development and maintenance of master records of contractors, suppliers, and lenders; (D) Consumer complaint mechanisms; (E) Utility supply, installation, and financing of energy products; (F) Coordination with affected agencies, especially the commission and the Office of Consumer Affairs office of the Attorney General; (G) Compliance and enforcement procedures; and (H) Other program elements required by federal law; (2) To administer and enforce this chapter and all rules and regulations and orders promulgated hereunder; (3) To receive and administer any federal funding available for the purposes of this chapter; and (4) To amend the regulations promulgated under this chapter to conform to any future changes in the federal law and regulations governing the program." SECTION 43. Said title is further amended by revising Code Section 46-4A-12, relating to construction of chapter concerning provision of energy conservation assistance to residential customers by electric and gas utilities, as follows: "46-4A-12. No provision of this chapter or any rules or regulations or orders hereunder shall be construed to be a limitation: (1) On the activities of any privately or publicly owned utility which is not a covered utility; (2) On the activities of covered utilities, when such activities are not subject to this chapter; (3) On the activities of contractors, suppliers, or lenders, when such activities are not subject to this chapter; (4) On the activities of the Division of Energy Resources of the Georgia Environmental Finance Authority in the enforcement or administration of any program or provision of law; and (5) On the power of any state or local agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer, including, but not limited to, the Public Service Commission, the Office of Consumer Affairs office of the Attorney General, and the Construction Industry Licensing Board." 1134 JOURNAL OF THE SENATE SECTION 44. Said title is further amended by revising Code Section 46-5-27, relating to telephone solicitations to residential, mobile, or wireless subscribers, Public Service Commission to establish and maintain list of certain subscribers, authorization for imposition of administrative fees, confidential nature of data base, and required identification, as follows: "46-5-27. (a) The General Assembly finds that: (1) The use of the telephone to market goods and services is pervasive now due to the increased use of cost-effective telemarketing techniques; (2) Over 30,000 businesses actively telemarket goods and services to business and residential customers; (3) Every day, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state; (4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of individuals; (5) Many citizens of this state are outraged over the proliferation of nuisance calls from telemarketers; (6) Individuals' privacy rights and commercial freedom of speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices; and (7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls. (b) As used in this Code section, the term: (1) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. (2) 'Residential, mobile, or wireless subscriber' means a person who has subscribed to telephone service from a local exchange company or mobile or wireless telephone service provider or other persons living or residing with such person. (3) 'Telephone solicitation' means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications: (A) To any residential, mobile, or wireless subscriber with that subscriber's prior express invitation or permission; (B) By or on behalf of any person or entity with whom a residential, mobile, or wireless subscriber has a prior or current business or personal relationship; or (C) By or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2. Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means. WEDNESDAY, MARCH 11, 2015 1135 (c) No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (d) of this Code section, of such subscriber's objection to receiving telephone solicitations. (d)(1) The commission shall establish and provide for the operation of a data base to compile a list of telephone numbers of residential, mobile, and wireless subscribers who object to receiving telephone solicitations. It shall be the duty of the commission to have such data base in operation no later than January 1, 1999. (2) Such data base may be operated by the commission or by another entity selected by and awarded a contract by the commission. (3) No later than January 1, 1999, the commission shall promulgate regulations which: (A) Require each local exchange company to inform its residential, mobile, or wireless subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations; (B) Specify the methods by which each residential, mobile, or wireless subscriber may give notice to the commission or its contractor of his or her objection to receiving such solicitations and methods for revocation of such notice; (C) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (D) Specify the methods by which such objections and revocations shall be collected and added to the data base; (E) Specify the methods by which any person or entity desiring to make telephone solicitations will obtain access to the data base as required to avoid calling the telephone numbers of residential, mobile, or wireless subscribers included in the data base; and (F) Specify such other matters relating to the data base that the commission deems desirable. (4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section. (e) The commission may provide by rule or regulation for administrative fees to be imposed upon: (1) A residential, mobile, or wireless subscriber for each notice of inclusion in the data base established under this Code section; provided, however, that the commission shall not set this fee in an amount greater than $5.00; and (2) A person or entity desiring to make telephone solicitations for access to or for electronic copies of the data base established under this Code section. (f)(1) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding 1136 JOURNAL OF THE SENATE or action under subsection (h) or (i) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (2) No person shall knowingly compile or disseminate or compile and disseminate information obtained from the data base for any reason other than those legitimate purposes established by law. Any person found guilty of violating this subsection shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each instance of an unauthorized disclosure of information from the data base shall constitute a separate offense. (g)(1) Any person or entity who makes a telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call. (2) No person or entity who makes a telephone solicitation to the telephone line of a residential, mobile, or wireless subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service. (h) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 Attorney General shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating to a knowing violation or threatened knowing violation of subsection (c) or (g) of this Code section. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each knowing violation, and to seek additional relief in any superior court of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1405 shall apply to proceedings initiated by the administrator Attorney General under this subsection. The administrator Attorney General is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (c) or (g) of this Code section, in accordance with the provisions of Code Sections 10-1-403 and 10-1-404. (i) Any person who has received more than one telephone solicitation within any 12 month period by or on behalf of the same person or entity in violation of subsection (c) or (g) of this Code section may either bring an action to enjoin such violation; bring an action to recover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or bring both such actions. (j) It shall be a defense in any action or proceeding brought under subsection (h) or (i) of this Code section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this Code section. (k) No action or proceeding may be brought under subsection (h) or (i) of this Code section: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the State WEDNESDAY, MARCH 11, 2015 1137 of Georgia, whichever is later. (l) A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this Code section in accordance with the provisions of Code Section 9-10-91. (m) The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (n) No provider of telephone caller identification service shall be held liable for violations of this Code section committed by other persons or entities." SECTION 45. Said title is further amended by repealing in its entirety Chapter 10, relating to the consumers' utility counsel of the division of the Governor's Office of Consumer Affairs, and designating said chapter as reserved. SECTION 46. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Article 4 of Chapter 12, relating to damages in tort actions, as follows: "ARTICLE 4 51-12-70. As used in this article, the term: (1) 'Attorney General' 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395 Attorney General or his or her designee. (2) 'Annuity issuer' means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. (3) 'Applicable law' means: (A) The federal laws of the United States; (B) The laws of this state, including principles of equity applied in the courts of this state; and (C) The laws of any other jurisdiction: (i) Which is the domicile of the payee or any other interested party; (ii) Under whose laws a structured settlement agreement was approved by a court or responsible administrative authority; or (iii) In whose courts a settled claim was pending when the parties entered into a structured settlement agreement. (4) 'Discounted present value' means the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (5) 'Interested parties' means, with respect to any structured settlement agreement, the 1138 JOURNAL OF THE SENATE payee, any beneficiary designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement. (6) 'Payee' means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder. (7) 'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26. (8) 'Settled claim' means the original tort claim or workers' compensation claim resolved by a structured settlement. (9) 'Structured settlement' means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim. (10) 'Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments. (11) 'Structured settlement obligor' means, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. (12) 'Structured settlement payment rights' means rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where: (A) The payee or any other interested party is domiciled in this state; (B) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or (C) The settled claim was pending before the courts of this state when the parties entered into the structured settlement agreement. (13) 'Terms of the structured settlement' includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement. (14) 'Transfer' means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration, but does not include: (A) Any transaction which is expressly provided for in the structured settlement agreement and is executed within 30 days after execution of the structured settlement agreement; or (B) Any testamentary disposition by the payee. (15) 'Transfer agreement' means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee. WEDNESDAY, MARCH 11, 2015 1139 51-12-71. (a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order by a court of competent jurisdiction or order of any government authority vested by law with exclusive jurisdiction over the settled claim resolved by the structured settlement based on express findings by the court or government authority that: (1) The transfer complies with the requirements of this article and does not contravene any federal or state statute or the order of any court or any responsible administrative authority; (2) The transfer is in the best interest of the payee taking into account the welfare and support of the payee's dependents; (3) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth: (A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and (H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; and (4) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court. (b) At least 20 days before the hearing which is scheduled on an application for authorizing a transfer of structured settlement payment rights under this Code section, the transferee shall file with the court and deliver to all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include the following: 1140 JOURNAL OF THE SENATE (1) A copy of the transferee's application to the court; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under paragraph (3) of subsection (a) of this Code section; (4) Notification that an interested party may support, oppose, or otherwise respond to the transferee's application, either in person or through counsel, by participating in the hearing or by submitting written comments to the court; and (5) A rule nisi containing notification of the time and place of the hearing and notification of the manner in and the time by which any written response to the application must be filed in order to be considered by the court. A written response shall be filed within 15 days after service of the transferee's notice. (c) Delivery of notice as required by subsection (b) of this Code section may be made as provided in Code Section 9-11-4 or by registered or certified mail, return receipt requested. Notice by registered or certified mail is effective upon the date of delivery as shown on the return receipt. If notice by registered or certified mail is refused or returned undelivered, notice shall be delivered as provided in Code Section 9-11-4. (d) The venue for any application brought under this Code section shall be in the county in which any transferee or transferor resides or in any county in which any of the transferees or transferors have consented to venue. 51-12-72. (a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (3) of subsection (a) of Code Section 51-12-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement. (c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement or at the hearing provided for in subsection (b) of Code Section 51-12-71, whichever event occurs last. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payee's right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point bold type, double spaced, and shall read substantially as follows: 'NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day WEDNESDAY, MARCH 11, 2015 1141 following receipt of this notice or at the hearing on the application for authorization of a transfer of structured settlement payment rights, whichever event occurs last. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of (the twenty-first day following the transaction) . It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. __________________________________________________________________ Address to which cancellation is to be returned:. __________________________________________________________________ I (we) hereby cancel this transaction. __________________________________________________________________ Payee's Signature __________________________________________________________________ Date: _______________________.' 51-12-73. (a) The administrator Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such rules of a substantive nature shall be promulgated only when it is determined by the administrator Attorney General, in the reasonable exercise of his or her discretion and on the basis of his or her expertise and the facts, submissions, evidence, and all information before him or her, that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to payees. (b) The administrator Attorney General shall prepare a pamphlet containing information designed to help payees evaluate proposed transfers of structured settlements and shall distribute such pamphlets free of charge, except that persons engaged in the business of purchasing structured settlement payment rights may be charged a reasonable fee for such pamphlets. 51-12-74. (a) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator Attorney General pursuant to this article, except where the administrator Attorney General is acting under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (b) In addition to any other proceedings authorized by this article, the administrator Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued by the administrator Attorney General pursuant to this article. 1142 JOURNAL OF THE SENATE 51-12-75. (a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator Attorney General shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All penalties recovered as provided in this Code section shall be paid into the state treasury. (c) The administrator Attorney General may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator Attorney General unappealed from or of a final order of the administrator Attorney General affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court. (d) The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the administrator Attorney General with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto. 51-12-76. (a) The provisions of this article may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on: (1) Any failure of such transfer to satisfy the conditions of this article; or (2) Any failure by the payee to execute the transfer agreement or any cancellation by the payee within the time prescribed in Code Section 51-12-72. 51-12-77. Nothing contained in this article shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law." WEDNESDAY, MARCH 11, 2015 1143 SECTION 47. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 5. SB 148, having received the requisite constitutional majority, was passed by substitute. At 12:50 p.m. the President announced that the Senate would stand at ease until 2:00 p.m. At 2:00 p.m. the President called the Senate to order. SB 116. By Senators Ligon, Jr. of the 3rd, Gooch of the 51st, Millar of the 40th, Shafer of the 48th, Cowsert of the 46th 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, 1144 JOURNAL OF THE SENATE 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. The Senate Committee on Education and Youth offered the following substitute to SB 116: 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 strongly encourage 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, it is strongly encouraged that the full week in September which includes Constitution Day, September 17, is recognized in public elementary, middle, and high schools in this state as Celebrate Freedom Week. It is strongly encouraged that Celebrate Freedom Week include approximately three hours of appropriate instruction, as determined by each local school system, in each social studies class. It is strongly encouraged that the instruction 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, it is strongly encouraged that local school systems 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 WEDNESDAY, MARCH 11, 2015 1145 or toward establishing the new federal or state governments. In addition, local school systems are strongly encouraged to 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, 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 2016-2017 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 are strongly encouraged to 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, with emphasis on the 13th, 14th, and 15th Amendments; (4) The Bill of Rights; (5) The Mayflower Compact; 1146 JOURNAL OF THE SENATE (6) The national motto; (7) The Pledge of Allegiance to the United States flag; (7.1) The Pledge of Allegiance to the Georgia flag; (8) The National Anthem; (9) The writings, speeches, documents, and proclamations of the Founding Fathers and Presidents of the United States; (9.1) The Emancipation Proclamation; (9.2) The Gettysburg Address; (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 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 is strongly encouraged to 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. In order to create shared digital resources available to all students in this state, such online resources may be integrated with the Teacher Resource Link of the Statewide Longitudinal Data System. At a minimum, such resource page or pages may include the items in paragraphs (1) through (11) of subsection (a) of Code Section 20-2-1021 and may 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. It is strongly encouraged that the online teacher resource page be completed and made easily available to teachers no later than July 31, 2016, and 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. WEDNESDAY, MARCH 11, 2015 1147 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 3. SB 116, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 11, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 116. Had I been present, I would have voted YEA. /s/ Mike Crane District 28 Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 99. By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as 1148 JOURNAL OF THE SENATE to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Judiciary Non-civil offered the following substitute to SB 99: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, is amended by revising Code Section 17-8-57, relating to expression or intimation of opinion by judge as to matters proved or guilt of accused, as follows: "17-8-57. (a) It is error for any judge, during any phase of in any criminal case, during its progress or in his charge to the jury, to express or intimate his to the jury the judge's opinion as to what whether a fact at issue has or has not been proved or as to the guilt of the accused. Should any judge express an opinion as to the guilt of the accused, violate this Code section, the violation shall be held by the Supreme Court or, Court of Appeals, or trial court shall grant a new trial to be error and the decision in the case reversed, and a new trial granted in the court below with such directions as the Supreme Court or Court of Appeals may lawfully give. (b) Any party who alleges a violation of subsection (a) of this Code section shall make a contemporaneous objection and inform the court of the specific objection and the grounds for such objection, outside of the jury's hearing and presence. After such objection has been made, it shall be the duty of the court to give a curative instruction to the jury or declare a mistrial, if appropriate. (c) Failure to make a contemporaneous objection to an alleged violation of subsection (a) of this Code section shall preclude appellate review, unless such violation constitutes plain error which affects substantial rights of the parties. Such plain error may be considered on appeal even if it was not brought to the court's attention as provided in subsection (b) of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 11, 2015 1149 Senators Bethel of the 54th, Cowsert of the 46th and Jones II of the 22nd offered the following amendment #1: Amend LC 29 6527S (Committee sub) SB 99 by striking from and including the word "Any" on line 19 through line 28 and inserting in that place: "A contemporaneous objection shall not be required to support appellate review of a violation of subsection (a) of this Code Section. On review, an appellate court shall grant a new trial when specifically required by subsection (a) of this Code Section and may dispose of other violations as the interests of justice require." On the adoption of the amendment, the President asked unanimous consent. Senator Kennedy of the 18th objected. On the adoption of the amendment, the yeas were 22, nays 31, and the Bethel, et al. amendment #1 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach N Bethel Y Black Y Burke N Butler N Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack E Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 1150 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 39, nays 16. SB 99, having received the requisite constitutional majority, was passed by substitute. SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Hufstetler of the 52nd and Jones of the 10th offered the following amendment #1: Amend SB 64 (LC 29 6151) by replacing line 68 with the following: (c)(d) Upon the presentation and filing of the a legitimation petition, and after a hearing for which notice was provided to all interested parties, By replacing lines 81 through 84 with the following: (e)(f) A superior Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child, after notice and hearing, enter an order establishing the obligation to support a child as provided under Code Section 19-6-15. By replacing lines 128 and 129 with the following: (a) Except in the event of a medical emergency, prior to Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides perinatal labor and delivery services shall: By replacing lines141 through 144 with the following: about administratively establishing paternity establishment and the availability of judicial determinations of paternity. (b) Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law. (c) After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall: By replacing line 231 with the following: child as provided in Code Section 19-6-15, or any other matter in the best interest interests of the child." WEDNESDAY, MARCH 11, 2015 1151 On the adoption of the amendment, there were no objections, and the Hufstetler, Jones of the 10th 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 51, nays 3. SB 64, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 103. By Senators Jackson of the 2nd and Watson of the 1st: 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 1152 JOURNAL OF THE SENATE of sales of alcoholic beverages on Sunday, so as to allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Martin of the 9th Thompson of the 14th SB 183. By Senators Wilkinson of the 50th, Black of the 8th, Heath of the 31st, Unterman of the 45th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Bethel of the 54th and Wilkinson of the 50th offered the following amendment #1: Amend LC 40 0858 SB 183 by inserting after line 158: (d) Nothing in this Code Section nor any provision of the laws of this State recognizing equine activity, livestock activity, or llama activity as inherently dangerous shall serve as a basis for liability on the part of any person who encourages, promotes, or instructs others in equine activities, livestock activities, or llama activities. On the adoption of the amendment, there were no objections, and the Bethel, Wilkinson amendment #1 was adopted. Senator Henson of the 41st offered the following amendment #2 to SB 183 (LC 40 0858): On line 81, before the symbol and number (7.3), insert the following: "Livestock activity" shall not, however, include a rodeo." On the adoption of the amendment, the President asked unanimous consent. Senator Wilkinson of the 50th objected. On the adoption of the amendment, the yeas were 19, nays 28, and the Henson amendment #2 was lost. WEDNESDAY, MARCH 11, 2015 1153 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y 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 Y Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent Y Ramsey N Rhett Y Seay Y Shafer Sims Y Stone N Tate E Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 11. SB 183, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: March 11, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 183. Had I been present, I would have voted NAY. /s/ Mike Crane District 28 SB 184. By Senators Black of the 8th, Burke of the 11th, Tolleson of the 20th, Hufstetler of the 52nd and Heath of the 31st: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to 1154 JOURNAL OF THE SENATE dogs, so as to provide that breed-specific regulation shall be limited to enactment by general law; 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 Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk N Ligon Y Lucas E Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent N Ramsey N Rhett Y Seay Y Shafer N Sims Y Stone Tate E Thompson, B Y Thompson, C Y Tippins N Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 42, nays 11. SB 184, having received the requisite constitutional majority, was passed. SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 11, 2015 1155 Senator Williams of the 27th offered the following amendment #1: Amend SB 195 (LC 29 6470) by deleting line 3 and inserting in lieu thereof the following: provide for notices to be By deleting line 20 and inserting in lieu thereof the following: Notice of the execution hearing shall be served by the By deleting lines 26 and 27 and inserting in lieu thereof the following: shall be adhered to strictly. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability On the adoption of the amendment, there were no objections, and the Williams of the 27th amendment #1 was adopted. Senators Crane of the 28th and McKoon of the 29th offered the following amendment #2: Amend SB 195 by striking on line 10 "(b) of" adding between lines 11 and 12 "(a) The Georgia Association of Professional Bondsmen shall approve continuing education programs offered by professional associations, educational institutions, government agencies, and others as deemed appropriate for professional bondsmen to attend" strike the "." and add "or complete online." On the adoption of the amendment, the President asked unanimous consent. Senator Williams of the 27th objected. On the adoption of the amendment, the yeas were 9, nays 30, and the Crane, McKoon amendment #2 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack N Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 1156 JOURNAL OF THE SENATE Y Black Y Burke Butler Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 47, nays 3. SB 195, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: March 11, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 195. Had I been present, I would have voted No. /s/ Bill Cowsert District 46 The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Williams of the 27th SB 59. By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 11, 2015 1157 The Senate Committee on Economic Development and Tourism Committee offered the following substitute to SB 59: A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for definitions; to provide guidelines for projects; to create the Partnership for Public Facilities and Infrastructure Act Guidelines Committee and to provide for its membership, terms, allowances, duties, and support; to provide for the manner by which projects may be initiated; to provide for the approval process for projects; to provide for evaluation criteria and review; to provide for agreements; to provide for default and remedies; to provide for financing and grants; to provide for service contracts; to provide for the dedication of certain property interests; to provide for sovereign immunity; to provide for police powers; to provide for application of open meetings and open records laws; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Partnership for Public Facilities and Infrastructure Act." SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article to Chapter 91, relating to public works bidding, to read as follows: "ARTICLE 5 36-91-110. As used in this article, the term: (1) 'Comprehensive agreement' means the written agreement between the private entity and the local government required by Code Section 36-91-115. (2) 'Develop' or 'development' means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand. (3) 'Local authority' means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality. (4) 'Local government' means any county, municipality, consolidated government, or board of education. (5) 'Private entity' means any natural person, corporation, general partnership, limited 1158 JOURNAL OF THE SENATE liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. (6) 'Qualifying project' means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving: (A) The generation of electric energy for sale pursuant to Chapter 3 of Title 46; (B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46; (C) Cable and video services pursuant to Chapter 76 of this title; or (D) Water reservoir projects as defined in paragraph (10) of Code Section 12-5471, which shall be governed by Article 4 of this chapter. (7) 'Revenue' means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project. (8) 'Unsolicited proposal' means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government. 36-91-111. (a) The Partnership for Public Facilities and Infrastructure Act Guidelines Committee is established to prepare model guidelines for local governments in the implementation of this article. (b) The committee shall be composed of ten persons. Except for the local government officials or staff appointed to the committee, each committee member shall have subject matter expertise in architecture, construction management, engineering, finance, or real estate development. These appointments shall be made as follows: (1) The following members shall be appointed by the Governor: (A) One member or employee of a county governing authority; (B) One member or employee of a municipal governing authority; (C) One member or employee of a local board of education; and (D) One licensed member of the State Bar of Georgia with expertise in representing local government in public works construction. (2) The following members shall be appointed by the Speaker of the House of Representatives, provided that one of these appointees shall have expertise in working with local government: (A) One member of the business community with expertise in construction management employed by a firm with less than $25 million in annual revenue; (B) One member of the business community who is a licensed architect; and (C) One member of the business community with expertise in real estate development; and (3) The following members shall be appointed by the Lieutenant Governor, provided that one of these appointees shall have expertise in working with local government: WEDNESDAY, MARCH 11, 2015 1159 (A) One member of the business community with expertise in construction management employed by a firm with more than $25 million in annual revenue; (B) One member of the business community who is a licensed professional engineer; and (C) One member of the business community with expertise in finance. (c) The terms of these committee appointments shall be for two years. The appointments shall be made as soon as feasible, but not later than August 1, 2015. The committee shall meet once a month or as needed and shall issue model guidelines to local governments no later than July 1, 2016. Such guidelines shall be updated every two years. The members of the committee shall elect a chairperson and a vice chairperson who shall serve for two-year terms in such office. (d) 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. (e) Staff support shall be provided by the Department of Administrative Services, the Governor's office, and the Office of Planning and Budget. 36-91-112. (a) Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either: (1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act Guidelines Committee; or (2) Its own guidelines as a policy, rule, regulation, or ordinance, which shall not be inconsistent with the model guidelines. (b) The model guidelines shall include, at a minimum, the following: (1) The period of time each calendar year when the local government will consider receiving, processing, reviewing, or evaluating unsolicited proposals for qualifying projects, and such limited time period shall be established within the sole discretion of the local government; (2) Procedures for the financial review and analysis of an unsolicited proposal that may include: (A) A cost-benefit analysis; (B) Evaluation of the public need for or benefit derived from the qualifying project; (C) Evaluation of the estimated cost of the qualifying project for reasonableness in relation to similar facilities; (D) Evaluation of the source of funding for the project; (E) Consideration of plans to ensure timely development or operation; (F) Evaluation of risk sharing, including cost or completion guarantees, added value, or debt or equity investments by the private entity; and (G) Consideration of any increase in funding, dedicated revenue source, or other economic benefit that would not otherwise be available; (3) Criteria for determining any fees authorized in Code Section 36-91-113 that the 1160 JOURNAL OF THE SENATE local government elects to charge the private entity for the processing, review, and evaluation of an unsolicited proposal; (4) A requirement for the issuance of a request for proposals upon a decision by the local government to proceed with a qualifying project pursuant to an unsolicited proposal; (5) Procedures for posting and publishing notice of the opportunity to offer competing proposals; (6) Procedures for the processing, review, and consideration of competing proposals, and the period for the processing, review, and consideration of competing proposals shall not be less than 90 days; and (7) Procedures for determining whether information included in an unsolicited proposal shall be released as part of any request for proposals to ensure fair competition. 36-91-113. (a) If a local government adopts a rule, regulation, or ordinance affirming its participation in the process created in this article, a private entity may submit an unsolicited proposal for a project to the local government for review and determination as a qualifying project in accordance with the guidelines established by the local government. Any such unsolicited proposal shall be accompanied by the following material and information: (1) A project description, including the location of the project, the conceptual design of such facility or facilities, and a conceptual plan for the provision of services or technology infrastructure; (2) A feasibility statement that includes: (A) The method by which the private entity proposes to secure any necessary property interests required for the project; (B) A list of all permits and approvals required for the project from local, state, or federal agencies; and (C) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings; (3) A schedule for the initiation and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the local government and private entity as well as a proposed schedule for obtaining the permits and approvals required in subparagraph (B) of paragraph (2) of this subsection; (4) A financial plan setting forth the private entity's general plans for financing the project, including the sources of the private entity's funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; a description of user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Code Section 36-91-115; and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; WEDNESDAY, MARCH 11, 2015 1161 (5) A business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data; (6) The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal; and (7) Such additional material and information as the local government may reasonably request. (b) For any unsolicited proposal of the development of a project received by a local government, the local government may charge and retain a reasonable fee to cover the costs of processing, reviewing, and evaluating the unsolicited proposal, including, without limitation, reasonable attorney's fees and fees for financial, technical, and other necessary advisers or consultants. (c) The local government may reject any proposal or unsolicited proposal at any time and shall not be required to provide a reason for its denial. If the local government rejects a proposal or unsolicited proposal submitted by a private entity, it shall have no obligation to return the proposal, unsolicited proposal, or any related materials following such rejection. (d) A private entity assumes all risk in submission of a proposal or unsolicited proposal in accordance with subsections (a) and (b) of this Code section, and a local government shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project. 36-91-114. (a) The local government may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 36-91-113 as a qualifying project. Determination by the local government of a qualifying project shall not bind the local government or the private entity to proceed with the qualifying project. (b) Upon the local government's determination of a qualifying project as provided in subsection (a) of this Code section, the local government shall: (1) Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and (2) Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals. (c) When the time for receiving proposals expires, the local government shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The local government shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include: (1) The proposed cost of the qualifying project; (2) The general reputation, industry experience, and financial capacity of the private 1162 JOURNAL OF THE SENATE entity; (3) The proposed design of the qualifying project; (4) The eligibility of the facility for accelerated selection, review, and documentation timelines under the local government's guidelines; (5) Benefits to the public; (6) The private entity's compliance with a minority business enterprise participation plan; (7) The private entity's plans to employ local contractors and residents; and (8) Other criteria that the local government deems appropriate. (d) After ranking the proposals, the local government shall begin negotiations with the first ranked private entity. If the local government and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the local government may conduct negotiations with the next ranked private entity. This process shall continue until the local government either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. (e) At any time during the process outlined in this Code section but before the full execution of a comprehensive agreement, the local government may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever. (f) Nothing in this article shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the local government to take action that would impact the debt capacity of the State of Georgia or any local government. The credit of this state shall not be pledged or loaned to any private entity. The local government shall not loan money to the private entity in order to finance all or a portion of the qualifying project. 36-91-115. (a) The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and schedules for the completion of the qualifying project; (3) Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract; (4) Any reimbursements to be paid to the local government for services provided by the local government; (5) A process for the review of plans and specifications for the qualifying project by the local government and approval by the local government if the plans and specifications conform to reasonable standards acceptable to the local government; (6) A process for the periodic and final inspection of the qualifying project by the local government to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement; WEDNESDAY, MARCH 11, 2015 1163 (7) Delivery of performance and payment bonds in the amounts required in Code Sections 36-91-70 and 36-91-90 and in a form acceptable to the local government for those components of the qualifying project that involve construction, and surety bonds, letters of credit, or other forms of security acceptable to the local government for other phases and components of the development of the qualifying project; (8) Submission of a policy or policies of public liability insurance, copies of which shall be filed with the local government accompanied by proofs of coverage, or selfinsurance, each in form and amount satisfactory to the local government and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; (9) A process for monitoring the practices of the private entity by the local government to ensure that the qualifying project is properly maintained; (10) The filing of appropriate financial statements to the local government on a periodic basis; and (11) Provisions governing the rights and responsibilities of the local government and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the local government and the transfer or purchase of property or other interests of the private entity by the local government, including provisions compliant with state constitutional limitations on public debt by the local government. Such policies and procedures shall be consistent with Code Section 36-91-116. (b) The comprehensive agreement may include such other terms and conditions that the local government determines will serve the public purpose of this article and to which the private entity and the local government mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority and duties of the private entity under this article shall cease and the qualifying project is dedicated to the local government for public use. (c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment. (d) The comprehensive agreement may provide for the development of phases or segments of the qualifying project. 36-91-116. (a) In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 36-91-115. (b) The local government may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project subject to statutory limitations on the 1164 JOURNAL OF THE SENATE availability of future appropriated or otherwise unobligated funds. (c) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this article. Any local government having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has provided financing for the qualifying project and the private entity, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner. (d) In the event the local government elects to take over a qualifying project pursuant to subsection (b) of this Code section, the local government may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof. 36-91-117. All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a local government elects to proceed under this article. 36-91-118. Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project. 36-91-119. (a) Local governments that proceed with procurement pursuant to competitive sealed bidding as defined in Code Section 36-91-2, or any other purchasing options available under current law, shall not be required to comply with this article. (b) Nothing in this article shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof. (c) Nothing in this article shall abrogate the obligations of a local government or private entity to comply with the public meetings requirement in accordance with Chapter 14 of Title 50 or to disclose public information in accordance with Article 4 of Chapter 18 of Title 50." SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows: WEDNESDAY, MARCH 11, 2015 1165 "CHAPTER 5C 50-5C-1. As used in this chapter, the term: (1) 'Affected local jurisdiction' means any county, municipality, or school district in which all or a portion of a qualifying project is located. (2) 'Comprehensive agreement' means the written agreement between the private entity and the responsible public entity required by Code Section 50-5C-5. (3) 'Develop' or 'development' means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand. (4) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (5) 'Private entity' means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. (6) 'Public entity' means a department, agency, board, bureau, commission, authority, or instrumentality of the State of Georgia, including the Board of Regents of the University System of Georgia as well as a local government or local authority. (7) 'Qualifying project' means any project submitted by a private entity as an unsolicited proposal in accordance with this chapter and subsequently reviewed and approved by a responsible public entity, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving: (A) The generation of electric energy for sale pursuant to Chapter 3 of Title 46; (B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46; (C) Cable and video services pursuant to Chapter 76 of Title 36; or (D) Water reservoir projects as defined in paragraph (10) of Code Section 12-5471, which shall be governed by Article 4 of Chapter 91 of Title 36. (8) 'Responsible public entity' means a public entity that has the power to contract with a private entity to develop an identified qualifying project. For any unsolicited proposal for a project at one or more institutions of the University System of Georgia, the responsible public entity shall be the Board of Regents of the University System of Georgia or its designees. For any unsolicited proposal for a project for one or more state government entities, other than an institution of the University System of Georgia, the responsible public entity shall be the State Properties Commission. (9) 'Revenue' means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project. (10) 'Unsolicited proposal' means a written proposal for a qualifying project that is received by a responsible public entity and is not in response to any request for proposal issued by a responsible public entity. 1166 JOURNAL OF THE SENATE 50-5C-2. For any qualifying project undertaken by the State Properties Commission, the Georgia State Financing and Investment Commission shall be solely authorized to develop guidelines for this process. For any qualifying project undertaken by the University System of Georgia, the Board of Regents of the University System of Georgia shall be solely authorized to develop guidelines for this process. 50-5C-3. (a) Between May 1 and June 30 of each year, a private entity may submit an unsolicited proposal for a project to the responsible public entity for review and determination as a qualifying project in accordance with the guidelines established by Code Section 505C-2. Any such unsolicited proposal shall be accompanied by the following material and information: (1) A project description, including the location of the project, the conceptual design of such facility or facilities, and a conceptual plan for the provision of services or technology infrastructure; (2) A feasibility statement that includes: (A) The method by which the private entity proposes to secure any necessary property interests required for the project; (B) A list of all permits and approvals required for the project from local, state, or federal agencies; and (C) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings; (3) A schedule for the initiation and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity as well as a proposed schedule for obtaining the permits and approvals required in subparagraph (B) of paragraph (2) of this subsection; (4) A financial plan setting forth the private entity's general plans for financing the project, including the sources of the private entity's funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; a description of user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Code Section 50-5C-5; and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; (5) A business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data; (6) The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal; and (7) Such additional material and information as the responsible public entity may reasonably request. (b) For any unsolicited proposal for the development of a project received by a WEDNESDAY, MARCH 11, 2015 1167 responsible public entity, the private entity shall reimburse the responsible public entity for the actual costs incurred to process, review, and evaluate the unsolicited proposal, including, without limitation, reasonable attorney's fees and fees for financial, technical, and other necessary advisers or consultants. (c) Any private entity submitting an unsolicited proposal under subsection (a) of this Code section to a responsible public entity shall also notify each affected local jurisdiction by furnishing a copy of its unsolicited proposal to each affected local jurisdiction. (d) Each affected local jurisdiction that is not a responsible public entity for the respective project may, within 45 days after receiving such notice, submit any comments regarding the unsolicited proposal it may have in writing to the responsible public entity and indicate whether the project is compatible with local plans and budgets. A project shall be consistent with zoning and land use regulations of the responsible public entity and each affected local jurisdiction. (e) The responsible public entity may reject any proposal or unsolicited proposal at any time and shall not be required to provide a reason for its denial. If the responsible public entity rejects a proposal or unsolicited proposal submitted by a private entity, it shall have no obligation to return the proposal, unsolicited proposal, or any related materials following such rejection. (f) A private entity assumes all risks in submission of a proposal or unsolicited proposal in accordance with subsections (a) and (b) of this Code section, and a responsible public entity shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project. 50-5C-4. (a) The responsible public entity may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 50-5C-3 as a qualifying project. Determination by the responsible public entity of a qualifying project shall not bind the responsible public entity or the private entity to proceed with the qualifying project. (b) Upon the responsible public entity's determination of a qualifying project as provided in subsection (a) of this Code section, the responsible public entity shall: (1) Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and (2) Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals. (c) When the time for receiving proposals expires, the responsible public entity shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The responsible public entity shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include: 1168 JOURNAL OF THE SENATE (1) The proposed cost of the qualifying project; (2) The general reputation, industry experience, and financial capacity of the private entity; (3) The proposed design of the qualifying project; (4) The eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity's guidelines; (5) Benefits to the public; (6) The private entity's compliance with a minority business enterprise participation plan; (7) The private entity's plans to employ local contractors and residents; and (8) Other criteria that the responsible public entity deems appropriate. (d) After ranking the proposals, the responsible public entity shall begin negotiations with the first ranked private entity. If the responsible public entity and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the responsible public entity may conduct negotiations with the next ranked private entity. This process shall continue until the responsible public entity either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. (e) At any time during the process outlined in this Code section but before full execution of a comprehensive agreement, the responsible public entity may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever. (f) Nothing in this chapter shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the State of Georgia. The credit of this state shall not be pledged or loaned to any private entity. The responsible public entity shall not loan money to the private entity in order to finance all or a portion of the qualifying project. All power or authority granted by this chapter to public entities shall be in addition to and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. 50-5C-5. (a) The comprehensive agreement entered into between the responsible public entity and the private entity selected in accordance with this chapter shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and schedules for the completion of the qualifying project; (3) Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract; WEDNESDAY, MARCH 11, 2015 1169 (4) Any reimbursements to be paid to the responsible public entity for services provided by the responsible public entity; (5) A process for the review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to reasonable standards acceptable to the responsible public entity; (6) A process for the periodic and final inspection of the qualifying project by the responsible public entity to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement; (7) Delivery of performance and payment bonds in the amounts required in Code Sections 13-10-40, 13-10-41, and 13-10-60 and in a form acceptable to the responsible public entity for those components of the qualifying project that involve construction, and bonds, letters of credit, or other forms of security acceptable to the responsible public entity for other phases and components of the development of the qualifying project; (8) Submission of a policy or policies of public liability insurance, copies of which shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; (9) A process for monitoring the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained; (10) The filing of appropriate financial statements to the responsible public entity on a periodic basis; and (11) Provisions governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity, including provisions compliant with state constitutional limitations on public debt. (b) The comprehensive agreement may include such other terms and conditions that the responsible public entity determines will serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity. (c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment. (d) The comprehensive agreement may provide for the development of phases or segments of the qualifying project. 1170 JOURNAL OF THE SENATE 50-5C-6. (a) In the event of a material default by the private entity, the responsible public entity may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 50-5C-5 in accordance with Code Sections 13-10-40 through 13-10-65. (b) The responsible public entity may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project. (c) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this chapter. Any responsible public entity having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has provided financing for the qualifying project and the private entity, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner. (d) In the event the responsible public entity elects to take over a qualifying project pursuant to subsection (b) of this Code section, the responsible public entity may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof. 50-5C-7. All power or authority granted by this chapter to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general or special law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. 50-5C-8. Nothing in this chapter shall be construed as or deemed a waiver of the sovereign or official immunity of any responsible public entity or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project. 50-5C-9. Any law enforcement officers of the public entity shall have the same powers and jurisdiction within the portion of such qualifying project as they have in their respective areas of jurisdiction, and such law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising such powers and jurisdiction. WEDNESDAY, MARCH 11, 2015 1171 50-5C-10. (a) Responsible public entities that proceed with procurement pursuant to competitive sealed bidding pursuant to Code Section 50-5-67, or any other purchasing options available to them under current law, shall not be required to comply with this chapter. (b) Nothing in this chapter shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof. (c) Nothing in this chapter shall abrogate the obligations of a responsible public entity or private entity to comply with the public meetings requirement in accordance with Chapter 14 of this title or to disclose public information in accordance with Article 4 of Chapter 18 of this title." 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 Dugan of the 30th asked unanimous consent that he be excused from voting on SB 59 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Dugan was excused. Senators Cowsert of the 46th, Albers of the 56th and Shafer of the 48th offered the following amendment #1: Amend the Senate Economic Development and Tourism Committee substitute to SB 59 (LC 28 7454ERS) by inserting at the end of line 219 the following: A multiyear lease entered into by a local government which is not terminable at the end of each fiscal year during the term of the lease shall be considered a debt of the local government which enters into such lease, and such lease shall apply against the debt limitations of the local government. By inserting after line 467 the following: A multiyear lease entered into by the state which is not terminable at the end of each fiscal year during the term of the lease shall be considered a debt of the state, and such lease shall apply against the debt limitations of the state. On the adoption of the amendment, there were no objections, and the Cowsert, et al. amendment #1 to the committee substitute was adopted. Senator Ligon of the 3rd offered the following amendment #2: Amend substitute SB 59 by deleting on lines 284 and 285 and lines 531 and 532 the words 1172 JOURNAL OF THE SENATE "provided financing for the qualifying project and the private entity to the extent of its capital investment" and inserting the following: "perfected a security interest in the qualifying project." On the adoption of the amendment, there were no objections, and the Ligon, Jr. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. SB 59, having received the requisite constitutional majority, was passed by substitute. SR 350. By Senators Hill of the 32nd, McKoon of the 29th, Heath of the 31st, Thompson of the 14th, Shafer of the 48th 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 WEDNESDAY, MARCH 11, 2015 1173 Amendment and to conform the existing state tax code accordingly; 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate E Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 37, nays 18. SR 350, having received the requisite constitutional majority, was adopted. Senator McKoon of the 29th was excused for business outside the Senate Chamber. SB 35. By Senators James of the 35th, Rhett of the 33rd, Parent of the 42nd, Jones of the 10th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that leaving certain children in vehicles under certain circumstances constitutes cruelty to children in the third degree; to provide for related matters; to repeal conflicting laws; and for other purposes. 1174 JOURNAL OF THE SENATE The Senate Committee on Judiciary Non-Civil offered the following substitute to SB 35: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that leaving certain children in vehicles under certain circumstances constitutes cruelty to children in the third degree; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by revising subsection (d) as follows: "(d) Any person commits the offense of cruelty to children in the third degree when: (1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery; or (3) Such person leaves a child six years of age or younger unattended, or supervised by someone who is younger than 13 years of age, in a motor vehicle under circumstances that pose a substantial risk of harm to such child's health or safety." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer WEDNESDAY, MARCH 11, 2015 1175 Y Cowsert Y Crane Y Davenport Dugan Y Fort Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 50, nays 0. SB 35, having received the requisite constitutional majority, was passed by substitute. SB 164. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C 1176 JOURNAL OF THE SENATE Y Ginn Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. SB 164, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Friday, March 13, 2015; the motion prevailed, and at 4:29 p.m. the President announced the Senate adjourned. FRIDAY, MARCH 13, 2015 1177 Senate Chamber, Atlanta, Georgia Friday, March 13, 2015 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 communication was received by the Secretary: Committees: Senator Joshua McKoon Judiciary District 29 Higher Education 319-A Coverdell Legislative Office Building Regulated Industries and Utilities Atlanta, GA 30334 Ethics Judiciary Non-Civil Insurance and Labor The State Senate Atlanta, Georgia 30334 March 12, 2015 Mr. David A. Cook Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear David: After further consideration, I wish to have my name removed from Senate Bill 185. This bill is described as the following: SB185 - A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal 1178 JOURNAL OF THE SENATE prosecution; to provide for related matters; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. I understand this bill has passed out of the Senate Health and Human Services committee by substitute and that you have the 01 and 02 bill in your office. Per Senate rules, a letter from me is the first step in this procedure. I will come to the Secretary of the Senate office and have my name removed from the 01 and 02 original bill as the second step in this procedure. Thank you for your help with this. Sincerely, /s/ Senator Josh McKoon District #29 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others: A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 89. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Reeves of the 34th and Jones of the 53rd: 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 FRIDAY, MARCH 13, 2015 1179 HB 98. HB 103. HB 114. 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. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Belton of the 112th, Dickerson of the 113th, Tanner of the 9th, Williams of the 119th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of paper eye charts for the testing of noncommercial driver's vision; to provide for notice of certain information from the department to be sent by first-class mail; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to provide for a waiver of the application fee for instruction permits in certain instances; to allow photographs on drivers' licenses and identification cards to be in black and white; to provide for the conditions under which limited driving permits shall be issued; to provide for related matters; to repeal conflicting laws; and for other purposes. 1180 JOURNAL OF THE SENATE HB 123. HB 204. HB 225. HB 232. By Representative Yates of the 73rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," so as to change provisions relating to when opposing affidavits shall be served in motions for summary judgment; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Carter of the 175th, Maxwell of the 17th, Shaw of the 176th and Corbett of the 174th: A BILL to be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to change certain provisions relative to the creation of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 13, 2015 1181 HB 237. HB 238. HB 259. HB 263. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes. By Representatives Harbin of the 122nd, Wilkinson of the 52nd, Geisinger of the 48th, Sims of the 123rd, Parrish of the 158th 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 state sales and use tax exemptions, so as to provide a sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th 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 an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others: A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes. 1182 JOURNAL OF THE SENATE HB 278. HB 279. HB 288. HB 303. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others: A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Tanner of the 9th, Epps of the 144th, Gardner of the 57th, Reeves of the 34th and others: A BILL to be entitled an Act to amend Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; to repeal conflicting laws; and for other purposes. By Representatives Hightower of the 68th, Mabra of the 63rd, Kelley of the 16th, Atwood of the 179th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change provisions relating to the recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 13, 2015 1183 HB 304. HB 308. HB 310. HB 313. By Representatives Hightower of the 68th, Strickland of the 111th, Efstration of the 104th, Reeves of the 34th, Tanner of the 9th and others: A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence, so as to clarify service of consecutive sentences; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th: A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. 1184 JOURNAL OF THE SENATE HB 314. HB 319. HB 341. HB 347. HB 352. By Representatives Tankersley of the 160th and Rynders of the 152nd: 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 combine the State Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Dickey of the 140th and Coomer of the 14th: 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 Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Strickland of the 111th, Reeves of the 34th, Pak of the 108th, Trammell of the 132nd, Gravley of the 67th and others: A BILL to be entitled an Act to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change FRIDAY, MARCH 13, 2015 1185 HB 361. HB 374. HB 396. provisions relating to discovery in misdemeanor cases; to provide for a defendant to opt into reciprocal discovery similar to provisions in felony cases; to require the defendant to provide the prosecuting attorney with a list of witness and alibi information; to provide for procedure; to provide for sanctions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Welch of the 110th, Coomer of the 14th, Weldon of the 3rd, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to revise defined terms; to clarify and harmonize statutory language; to clarify transfer criteria; to amend Code Section 1710-14 of the O.C.G.A., relating to committal of person under 17 convicted of felony, so as to correct a cross-reference; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of services; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 130th, Harrell of the 106th, Battles of the 15th, Williamson of the 115th and Stephens of the 164th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to clarify the penalty for failure to file return or pay revenue held in trust for the state; to prevent the obstruction of officials levying tax executions; to clarify the definition of prescription; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1186 JOURNAL OF THE SENATE HB 408. HB 428. HB 439. HB 457. By Representatives Willard of the 51st, Raffensperger of the 50th, Geisinger of the 48th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, so as to clarify the application of certain provisions to certain municipalities; to provide for conditions and limitations; to provide for related matters; to provide for an effective date; 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 Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 13, 2015 1187 HB 461. HB 464. HB 502. HB 511. HB 512. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from groundwater usage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; 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 Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jasperse of the 11th and Dempsey of the 13th: 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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; to provide for related matters; to repeal conflicting laws; and for other purposes. 1188 JOURNAL OF THE SENATE HB 515. HB 517. HB 520. HB 523. HB 524. HB 527. By Representatives Mitchell of the 88th, Holcomb of the 81st and Henson of the 86th: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. By Representative Corbett of the 174th: A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. By Representative Nimmer of the 178th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to establish a trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Jones of the 47th, Bruce of the 61st, Wilkinson of the 52nd, Beskin of the 54th and others: A BILL to be entitled an Act to repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state FRIDAY, MARCH 13, 2015 1189 HB 532. HB 533. HB 540. HB 545. having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto; to repeal conflicting laws; and for other purposes. By Representatives Reeves of the 34th, Carson of the 46th, Cooper of the 43rd, Wilkerson of the 38th, Parsons of the 44th and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; 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 Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes. By Representatives Dollar of the 45th, Ramsey of the 72nd, Kelley of the 16th and Petrea of the 166th: 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 clarify the number of members of the Senate Interstate Cooperation Committee and the House Committee on Interstate Cooperation; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Rynders of the 152nd: A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 188283, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes. 1190 JOURNAL OF THE SENATE HB 546. HB 550. HB 553. HB 554. HB 566. By Representative Jones of the 167th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; to repeal conflicting laws; and for other purposes. By Representatives Frazier of the 126th, Fleming of the 121st, Jackson of the 128th and Prince of the 127th: A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th: A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others: A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of FRIDAY, MARCH 13, 2015 1191 certain state house districts; 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 394. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for distribution of the net proceeds of a sales and use tax for educational purposes between a county school system and one or more independent school systems located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 215. By Senator Harbison of the 15th: A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 216. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 1192 JOURNAL OF THE SENATE SB 217. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 218. By Senators Fort of the 39th, Tate of the 38th, Orrock of the 36th, Davenport of the 44th and Millar of the 40th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 and Code Section 36-80-16.1 of the Official Code of Georgia Annotated, relating to redevelopment powers, and payments in lieu of taxes, respectively, so as to revise provisions relating to payments in lieu of taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). SB 219. By Senator Jones of the 10th: A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 462. By Senators Stone of the 23rd, Burke of the 11th, Hufstetler of the 52nd, Jones of the 25th, Watson of the 1st and others: A RESOLUTION urging the Congress of the United States to amend the Controlled Substances Act of 1970 so as to authorize the study of medical marijuana; and for other purposes. Referred to the Committee on Health and Human Services. FRIDAY, MARCH 13, 2015 1193 SR 467. By Senators James of the 35th, Rhett of the 33rd, Henson of the 41st, Seay of the 34th, Butler of the 55th and others: A RESOLUTION creating the Senate Higher Education Access and Success for Homeless and Foster Youth Study Committee; and for other purposes. Referred to the Committee on Higher Education. SR 478. By Senators Ramsey, Sr. of the 43rd, Orrock of the 36th, Fort of the 39th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION recognizing and commending the Georgia Budget and Policy Institute, Inc.; and for other purposes. Referred to the Committee on Finance. SR 479. By Senators Ramsey, Sr. of the 43rd, Unterman of the 45th, Orrock of the 36th, Sims of the 12th, Butler of the 55th and others: A RESOLUTION creating the Senate Ending Campus Sexual Assaults Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. SR 487. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Preventing Youth Substance Use Disorders Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. The following House legislation was read the first time and referred to committee: HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others: A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 1194 JOURNAL OF THE SENATE HB 89. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Reeves of the 34th and Jones of the 53rd: 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 Committee on Judiciary Non-Civil. HB 98. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 103. By Representatives Belton of the 112th, Dickerson of the 113th, Tanner of the 9th, Williams of the 119th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 114. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for FRIDAY, MARCH 13, 2015 1195 the use of paper eye charts for the testing of noncommercial driver's vision; to provide for notice of certain information from the department to be sent by first-class mail; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to provide for a waiver of the application fee for instruction permits in certain instances; to allow photographs on drivers' licenses and identification cards to be in black and white; to provide for the conditions under which limited driving permits shall be issued; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 123. By Representative Yates of the 73rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 204. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," so as to change provisions relating to when opposing affidavits shall be served in motions for summary judgment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. 1196 JOURNAL OF THE SENATE HB 232. By Representatives Carter of the 175th, Maxwell of the 17th, Shaw of the 176th and Corbett of the 174th: A BILL to be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to change certain provisions relative to the creation of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 237. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 238. By Representatives Harbin of the 122nd, Wilkinson of the 52nd, Geisinger of the 48th, Sims of the 123rd, Parrish of the 158th 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 state sales and use tax exemptions, so as to provide a sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 259. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th 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 FRIDAY, MARCH 13, 2015 1197 provide an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others: A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 278. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others: A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials 1198 JOURNAL OF THE SENATE and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 288. By Representatives Dempsey of the 13th, Tanner of the 9th, Epps of the 144th, Gardner of the 57th, Reeves of the 34th and others: A BILL to be entitled an Act to amend Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 303. By Representatives Hightower of the 68th, Mabra of the 63rd, Kelley of the 16th, Atwood of the 179th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change provisions relating to the recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 304. By Representatives Hightower of the 68th, Strickland of the 111th, Efstration of the 104th, Reeves of the 34th, Tanner of the 9th and others: A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence, so as to clarify service of consecutive sentences; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. FRIDAY, MARCH 13, 2015 1199 HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 310. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th: A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 314. By Representatives Tankersley of the 160th and Rynders of the 152nd: 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 combine the State 1200 JOURNAL OF THE SENATE Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 319. By Representatives Nimmer of the 178th, Dickey of the 140th and Coomer of the 14th: 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. Referred to the Committee on Finance. HB 341. By Representatives Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 347. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. FRIDAY, MARCH 13, 2015 1201 HB 352. By Representatives Strickland of the 111th, Reeves of the 34th, Pak of the 108th, Trammell of the 132nd, Gravley of the 67th and others: A BILL To be entitled an Act to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change provisions relating to discovery in misdemeanor cases; to provide for a defendant to opt into reciprocal discovery similar to provisions in felony cases; to require the defendant to provide the prosecuting attorney with a list of witness and alibi information; to provide for procedure; to provide for sanctions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 361. By Representatives Welch of the 110th, Coomer of the 14th, Weldon of the 3rd, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to revise defined terms; to clarify and harmonize statutory language; to clarify transfer criteria; to amend Code Section 17-10-14 of the O.C.G.A., relating to committal of person under 17 convicted of felony, so as to correct a crossreference; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of services; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 374. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. 1202 JOURNAL OF THE SENATE HB 396. By Representatives Knight of the 130th, Harrell of the 106th, Battles of the 15th, Williamson of the 115th and Stephens of the 164th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to clarify the penalty for failure to file return or pay revenue held in trust for the state; to prevent the obstruction of officials levying tax executions; to clarify the definition of prescription; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 408. By Representatives Willard of the 51st, Raffensperger of the 50th, Geisinger of the 48th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, so as to clarify the application of certain provisions to certain municipalities; to provide for 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 Committee on Finance. HB 428. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under FRIDAY, MARCH 13, 2015 1203 certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 464. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so 1204 JOURNAL OF THE SENATE as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 511. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 512. By Representatives Jasperse of the 11th and Dempsey of the 13th: 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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 515. By Representatives Mitchell of the 88th, Holcomb of the 81st and Henson of the 86th: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 517. By Representative Corbett of the 174th: A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. FRIDAY, MARCH 13, 2015 1205 HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 523. By Representative Nimmer of the 178th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 524. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to establish a trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 527. By Representatives Willard of the 51st, Jones of the 47th, Bruce of the 61st, Wilkinson of the 52nd, Beskin of the 54th and others: A BILL to be entitled an Act to repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1206 JOURNAL OF THE SENATE 1953, p. 2815), and all Acts amendatory thereto; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 532. By Representatives Reeves of the 34th, Carson of the 46th, Cooper of the 43rd, Wilkerson of the 38th, Parsons of the 44th and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 533. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 540. By Representatives Dollar of the 45th, Ramsey of the 72nd, Kelley of the 16th and Petrea of the 166th: 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 clarify the number of members of the Senate Interstate Cooperation Committee and the House Committee on Interstate Cooperation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Interstate Cooperation. HB 545. By Representative Rynders of the 152nd: A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to FRIDAY, MARCH 13, 2015 1207 provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 546. By Representative Jones of the 167th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 550. By Representatives Frazier of the 126th, Fleming of the 121st, Jackson of the 128th and Prince of the 127th: A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 553. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th: A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 554. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others: A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of 1208 JOURNAL OF THE SENATE commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 566. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Reapportionment and Redistricting. HR 394. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for distribution of the net proceeds of a sales and use tax for educational purposes between a county school system and one or more independent school systems located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Education and Youth. The President recognized U.S. Representative Tom Price who addressed the Senate briefly. The President recognized U.S. Representative Hank Johnson who addressed the Senate briefly. The following committee reports were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: FRIDAY, MARCH 13, 2015 1209 HB 184 Do Pass Respectfully submitted, Senator Jones of the 25th District, Chairman Mr. President: The Committee on Finance has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 227 Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Regulated Industries and Utilities has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 18 HB 57 HB 246 Do Pass Do Pass Do Pass Respectfully submitted, Senator Jeffares of the 17th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 516 HB 526 SB 208 Do Pass Do Pass Do Pass HB 518 Do Pass HB 528 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: HB 211 HR 395 1210 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Fort Orrock Senator Orrock of the 36th was off the floor of the Senate when the roll was called and wished to be recorded as present. Senator Fort of the 39th wished to be recorded as present as his voting machine did not record his presence. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Burke of the 11th introduced the chaplain of the day, Reverend Randy Mosley of Bainbridge, Georgia, who offered scripture reading and prayer. Senator Parent of the 42nd introduced the doctor of the day, Dr. Brooks Moore. The following resolutions were read and adopted: SR 463. By Senator Beach of the 21st: A RESOLUTION recognizing March 11, 2015, as the Council for Quality Growth Day at the state capitol; and for other purposes. FRIDAY, MARCH 13, 2015 1211 SR 464. By Senator Beach of the 21st: A RESOLUTION recognizing March 10, 2015, as Together Georgia Day at the state capitol; and for other purposes. SR 465. By Senators McKoon of the 29th, Stone of the 23rd and Thompson of the 5th: A RESOLUTION recognizing March 11, 2015, as Georgia Justice Project Day at the state capitol; and for other purposes. SR 466. By Senators Miller of the 49th and Wilkinson of the 50th: A RESOLUTION commending Spout Springs School of Enrichment for being the first school in the State of Georgia and the entire Southeast to be named an Alliance for a Healthier Generation 2014-2015 GOLD National Recognition School; and for other purposes. SR 468. By Senators Martin of the 9th, Wilkinson of the 50th, Shafer of the 48th, Unterman of the 45th, Ginn of the 47th and others: A RESOLUTION commending Marshall Boutwell and congratulating him upon being honored with the Moses C. Davis Lifetime Achievement Award; and for other purposes. SR 469. By Senators Miller of the 49th, Wilkinson of the 50th, Shafer of the 48th and Cowsert of the 46th: A RESOLUTION commending Ruth Bruner for her many years of dedicated public service to the State of Georgia; and for other purposes. SR 470. By Senators Miller of the 49th, Wilkinson of the 50th, Shafer of the 48th and Cowsert of the 46th: A RESOLUTION honoring the life and memory of Verdis C. Puckett; and for other purposes. SR 471. By Senators Rhett of the 33rd, Jones II of the 22nd, Thompson of the 14th, Tippins of the 37th and Hill of the 32nd: A RESOLUTION recognizing and commending Reverend Harris Travis on the occasion of his 22nd pastoral anniversary; and for other purposes. 1212 JOURNAL OF THE SENATE SR 472. By Senators Rhett of the 33rd, Jones II of the 22nd, Thompson of the 14th, Tippins of the 37th and Hill of the 32nd: A RESOLUTION recognizing and commending Pastor Marion Daniels on the occasion of his 7th pastoral anniversary; and for other purposes. SR 473. By Senators Jones of the 10th, Butler of the 55th, Davenport of the 44th, Millar of the 40th and Henson of the 41st: A RESOLUTION recognizing and commending Coach Napoleon B. Cobb; and for other purposes. SR 474. By Senators Jones of the 10th, Butler of the 55th, Davenport of the 44th, Millar of the 40th and Henson of the 41st: A RESOLUTION recognizing and commending Mr. Buck Godfrey upon the grand occasion of his retirement; and for other purposes. SR 475. By Senators Hill of the 4th, Hill of the 6th, Dugan of the 30th and Harbison of the 15th: A RESOLUTION recognizing and commending Britnee Kinard; and for other purposes. SR 476. By Senator Harbison of the 15th: A RESOLUTION commending the Martin Luther King, Jr., Outdoor Learning Center and Turn Around Columbus; and for other purposes. SR 477. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend James Calvin Harris, Sr., on the grand occasion of his retirement; and for other purposes. SR 480. By Senators Davenport of the 44th, James of the 35th, Tate of the 38th, Fort of the 39th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Dr. Beverly Daniel Tatum on the occasion of her retirement; and for other purposes. SR 481. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Usher's New Look for its work in strengthening communities by engaging disconnected youth and helping them find their passion in life; and for other purposes. FRIDAY, MARCH 13, 2015 1213 SR 482. By Senators Seay of the 34th, Davenport of the 44th, Butler of the 55th and Tate of the 38th: A RESOLUTION commending Mr. Calvin E. Booker, Sr.; and for other purposes. SR 483. By Senators Seay of the 34th, Davenport of the 44th, Fort of the 39th and Butler of the 55th: A RESOLUTION commending Dr. Thomas Mensah; and for other purposes. SR 484. By Senator Hill of the 4th: A RESOLUTION recognizing and commending the Bulloch Academy girls basketball team on winning their second consecutive GISA Class AAA State Championship; and for other purposes. SR 485. By Senators Fort of the 39th, Tate of the 38th, Davenport of the 44th and Orrock of the 36th: A RESOLUTION recognizing and commending Reverend James H. Sims, Jr., on the occasion of his 40th pastoral anniversary and retirement; and for other purposes. SR 486. By Senator Hill of the 4th: A RESOLUTION commending Mr. Wilson C. "Peck" Lawson, Sr.; and for other purposes. SR 488. By Senators James of the 35th and Fort of the 39th: A RESOLUTION honoring the life and memory of Terence Avery Green; and for other purposes. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Study Committees/Commissions, was put upon its adoption: SR 26 SENATE STUDY COMMITTEES/COMMISSIONS FRIDAY, MARCH 13, 2015 THIRTIETH LEGISLATIVE DAY Joint House and Senate Coastal Greenway Study Committee; create (NR&E-3rd) 1214 JOURNAL OF THE SENATE SR 114 Joint Entrepreneur in Residence Study Committee; create (ED&T-32nd) SR 282 Joint Peace Officer and Firefighter Occupational Disease Study Committee; create (PUB SAF-56th) The following resolutions were read and adopted: SR 26. By Senator Ligon, Jr. of the 3rd: A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes. SR 114. By Senators Hill of the 32nd, Shafer of the 48th, Cowsert of the 46th, Hill of the 6th, Harper of the 7th and others: A RESOLUTION creating the Joint Entrepreneur in Residence Study Committee; and for other purposes. SR 282. By Senators Albers of the 56th and Mullis of the 53rd: A RESOLUTION creating the Joint Peace Officer and Firefighter Occupational Disease Study Committee; 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 13, 2015 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 208 Ramsey, Sr. of the 43rd Jones of the 10th Davenport of the 44th Butler of the 55th Millar of the 40th Parent of the 42nd Henson of the 41st CITY OF STONECREST IN DEKALB COUNTY 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; HB 516 HB 518 HB 526 HB 528 FRIDAY, MARCH 13, 2015 1215 to provide for incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Hill of the 4th EFFINGHAM COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Harper of the 7th SATILLA REGIONAL WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; to repeal conflicting laws; and for other purposes. Harbison of the 15th NEW CHARTER FOR THE CITY OF TALBOTTON A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for severability; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd NEW CHARTER FOR THE CITY OF CHICKAMAUGA IN WALKER COUNTY A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of 1216 JOURNAL OF THE SENATE police; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Millar of the 40th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to SB 208, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Millar of the 40th /s/ Albers of the 56th /s/ Thompson of the 14th Date: March 13, 2015 Pursuant to Senate Rule 4-2.9(b), SB 208 was removed from the Senate Local Consent Calendar and placed on the Senate Local Contested Calendar for today. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 51, nays 2. FRIDAY, MARCH 13, 2015 1217 The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 13, 2015 Due to the voting machine malfunctioning, I missed the vote on the Local Consent Calendar. I would have voted NO. /s/ Vincent D. Fort District 39 The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Friday, March 13, 2015 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 208 Ramsey, Sr. of the 43rd Jones of the 10th Davenport of the 44th Butler of the 55th Millar of the 40th Parent of the 42nd Henson of the 41st CITY OF STONECREST IN DEKALB COUNTY 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 incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Millar of the 40th moved that SB 208 be placed on the Table. Senator Henson of the 41st objected and moved to suspend the Senate Rules to allow debate on the motion to Table. 1218 JOURNAL OF THE SENATE On the motion, the yeas were 17, nays 28, and the Senate Rules were not suspended. On the motion for SB 208 to be placed on the Table, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan Fort Y Ginn Gooch Y Harbin 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 Y James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins N Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 36, nays 18; the motion prevailed, and SB 208 was placed on the Table. Senator Cowsert of the 46th moved to engross SB 82, SB 122, and SB 127, which were on today's Senate Rules Calendar. Senator Henson of the 41st asked unanimous consent to vote on the engrossment of each bill separately. There was no objection. On the motion to engross SB 82, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims FRIDAY, MARCH 13, 2015 1219 Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin N Harbison Y Harper Y Heath N Henson Y Hill, H Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 39, nays 17; the motion prevailed, and SB 82 was engrossed. On the motion to engross SB 122, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 Jones, E Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 39, nays 15; the motion prevailed, and SB 122 was engrossed. On the motion to engross SB 127, a roll call was taken, and the vote was as follows: 1220 JOURNAL OF THE SENATE Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 38, nays 17; the motion prevailed, and SB 127 was engrossed. SENATE RULES CALENDAR FRIDAY, MARCH 13, 2015 THIRTIETH LEGISLATIVE DAY SB 63 Alcoholic Beverages; provide for manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances (Substitute)(RI&U-6th) SB 122 Revenue and Taxation; special purpose local option sales tax; provide for additional purpose for the use of the proceeds of tax (FIN-53rd) SR 126 Bill T. Hardman Hospitality Highway; Dawson and Lumpkin counties; dedicate (Substitute)(TRANS-51st) SR 441 Gladys Knight Highway; Fulton County; dedicate (TRANS-35th) SB 185 Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies (Substitute)(H&HS-37th) SB 203 SB 130 SB 154 SB 145 SB 138 SB 194 SB 191 SB 160 SB 190 SB 36 SB 82 SB 127 FRIDAY, MARCH 13, 2015 1221 Georgia World War I Centennial Commission; create; membership, powers, and duties (VM&HS-6th) "Smokefree Cars for Children Act"; any person in control of a motor vehicle who smokes; person under the age of 15 in vehicle; misdemeanor (H&HS-14th) Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant (JUDYNC-23rd) Board of Community Health; provide that one member of the board is member of the state health benefit plan (H&HS-29th) Social Services; provide for various reforms regarding the state's child welfare system (Substitute)(H&HS-49th) Pharmacists and Pharmacies; certain provisions shall not apply; facility engaged solely in the distribution of dialysate, drugs; patients with end stage renal disease (H&HS-17th) Blasting and Excavating Near Utility Facilities; prohibit local governing authorities from adopting ordinances (Substitute)(TRANS-37th) Alcoholic Beverages; revise penalties for a violation of Code Section 3-3-23 (Substitute)(PUB SAF-27th) Bona Fide Coin Operated Machines; provide certain definitions; license fees and requirements for manufacturers and distributors (Substitute) (RI&U-49th) 'Underground Water Supply Protection Act of 2015'; prohibit the injection of ground water into the Floridian aquifer in certain counties (Substitute) (NR&E-3rd) Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions (Substitute)(FIN-50th) Ethics in Government; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office (Substitute) (ETHICS-17th) 1222 JOURNAL OF THE SENATE SB 126 Pharmacists and Pharmacies; expansion of certain medical professionals to prescribe auto-injectable epinephrine to authorized entity; emergency purposes (Substitute)(H&HS-52nd) SB 91 Alcoholic Beverages; provide for local control of distance requirements for grocery stores; locations near school buildings; local governing authority (RI&U-7th) SB 169 Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Dept. of Transportation (Substitute)(TRANS-51st) SB 143 Insurance; require insurer providing services under state health benefit plan to include certain trauma centers in provider network (Substitute) (I&L-52nd) SB 176 "Deantre Gregory Turman Act"; require youth athletes participating in gridiron football; four star rating on Virginia Tech Helmet Ratings (Substitute)(ED&Y-35th) SB 141 Juvenile Proceedings; provide that minor violations of weapons in school safety zones are not considered Class B designated felonies (Substitute) (JUDY-10th) SB 109 Health; clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms (Substitute)(H&HS-36th) 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 63. By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others: 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 manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for FRIDAY, MARCH 13, 2015 1223 legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and offpremises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Regulated Industries and Utilities offered the following substitute to SB 63: 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 a manufacturer of malt beverages to provide to the public limited quantities of malt beverages produced by such manufacturer for consumption off the premises; to change and provide for certain definitions; to provide for the powers and duties of the state revenue commissioner as to the denial, suspension, or cancellations of permits; to change certain provisions related to penalties; to provide for a brewpub to sell limited quantities of malt beverages manufactured on its premises for consumption off the premises; to authorize a brewpub to permit a patron to remove a growler for consumption off the premises under certain circumstances; to provide certain requirements for transporting such growlers; to allow brewers to provide limited amounts of malt beverages directly to the public for consumption on and off the premises as a part of educational and promotional brewery tours; to authorize a brewer to provide growlers as a free souvenir; to provide certain requirements for transporting such growlers; to change certain provisions related to the provision of tours by brewers; to provide for the payment of certain taxes by brewers; to provide for the issuance of tour permits to brewers; to provide for the conditions under which educational and promotional brewery tours may be conducted; to allow certain merchandise to be offered to the public by a brewer in conjunction with a brewery tour; to amend Code Section 40-6-253 of the Official Code of Georgia Annotated, relating to the consumption of alcoholic beverage or possession of open container of alcoholic beverage in the passenger area of a motor vehicle, so as to provide that a capped and secured growler containing a certain amount of malt beverages manufactured on the premises of a brewpub or a brewer shall not constitute an open alcoholic beverage container; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new paragraph and revising paragraphs (3) and (10.1) of Code Section 3-1-2, relating to definitions, as follows: 1224 JOURNAL OF THE SENATE "(3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of beer malt beverages sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to subparagraph (C) (D) of paragraph (2) of Code Section 3-5-36, or to the public for consumption off the premises, as authorized pursuant to subparagraph (D) of paragraph (2) and paragraph (4) of Code Section 3-5-36, shall not be used when determining the total annual gross food and beverage sales." "(10.1) 'Growler' means any unlabeled, refillable, sealable container with a liquid capacity that does not exceed 64 ounces. (10.1)(10.2) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.'" SECTION 2. Said title is further amended by revising Code Section 3-2-3, relating to the powers and duties of commissioner as to denial, suspension, or cancellation of licenses and promulgation of rules and regulations as to conversion of standards of measurement to English system and labeling of distilled spirits, as follows: "3-2-3. In addition to his or her other duties and responsibilities to administer this title, the commissioner may: (1) Deny, suspend, or cancel any license or permit required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or permit or any licensee or permit holder under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or (C) Any person to whom a license or permit has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee or permit holder under this title. Before any denial, suspension, or cancellation of a license or permit granted pursuant to this title, the applicant, or licensee, or permit holder shall be afforded a hearing in the manner and subject to the conditions and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant, or licensee, or permit holder in writing of the denial, suspension, or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the FRIDAY, MARCH 13, 2015 1225 applicant, or licensee, or permit holder appearing in the commissioner's files or by personal service upon the applicant, or licensee, or permit holder by an authorized agent of the commissioner. Upon cancellation of a license or permit for cause under this paragraph, there shall be no renewal or reissuance of the canceled license or permit for a period of two years from the date of cancellation; (2) In the event that the license of any person is canceled by the commissioner under the authority of this title, hold the bonds of the person for a period of three years against any liabilities accruing as a result of the business of the person whose license is canceled. In no event shall the surrender of any bond release any liability; (3) Enter into agreements with appropriate authorities of other states who enforce the alcoholic beverage laws thereof, to exchange information relative to the manufacture, receipt, sale, use, or transportation of alcoholic beverages; (4) Promulgate rules and regulations which he or she deems necessary for the conversion from the metric system of measurement to the equivalent English measurement in United States gallons and subdivisions of gallons and shall compute all tax rates at the equivalent English measurement; and (5) Promulgate rules and regulations, not inconsistent with federal laws or regulations, requiring informative labeling of all distilled spirits offered for sale in this state." SECTION 3. Said title is further amended by revising Code Section 3-3-46, relating to penalties, as follows: "3-3-46. (a) The violation of any provision of this article by the operator of any licensed premises or any premises for which a permit has been issued shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses and permits issued to such operator. (b) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 4. Said title is further amended by revising Code Section 3-5-36, relating to brewpubs and the limited exception to the prohibition against ownership and employment interests between manufacture, distribution, and sale of malt beverages, as follows: "3-5-36. A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (1) No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder licensee shall comply with all other applicable state and local license requirements; 1226 JOURNAL OF THE SENATE (2) A brewpub license authorizes the holder of such license to: (A) Manufacture on the licensed premises not more than 10,000 barrels of beer malt beverages in a calendar year solely for retail sale on the premises; (B) Operate an eating establishment that shall be the sole retail outlet for such beer malt beverages; and (C) Operate an eating establishment that may offer for sale for consumption on the premises any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and (C)(D) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such beer malt beverages to: (i) Licensed licensed wholesale dealers for distribution to retailers and retail consumption dealers; (ii) The public for consumption off the premises; or (iii) A combination thereof. Under no circumstances shall such malt beverages be sold by a brewpub licensee to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale; (3) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises; (4)(A) A brewpub license authorizes the holder of such license to permit an individual to remove for consumption off the premises one growler containing malt beverages manufactured on the premises of the brewpub, provided such individual has purchased and consumed a meal on the premises of the brewpub and consumed a portion of the growler containing malt beverages manufactured on the premises purchased with such meal. Such partially consumed growler must be capped by the individual who purchased the meal, placed by the licensee or employees of the licensee in a bag or container that is secured in such a manner that it is visibly apparent if the bag or container has been subsequently opened or tampered with, and a dated receipt for the growler and meal shall be provided by the licensee and attached to the bag or container. If transported in a motor vehicle, the bag or container with the capped growler shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. (B) Except as provided in subparagraph (A) of this paragraph, a brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises; (5) A brewpub licensee shall not offer or permit any free sampling of beer by its FRIDAY, MARCH 13, 2015 1227 customers on the premises of a brewpub; (6)(5) The commissioner shall not issue a brewpub license if the brewpub premises are to be licensed is located in a county or municipality in which the sale of alcoholic beverages is prohibited; and (7)(6) A brewpub licensee shall: (A) Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer malt beverages manufactured on the premises and otherwise comply with applicable rules and regulations respecting excise and enforcement tax determination of such beer malt beverages as required by this title." SECTION 5. Said title is further amended by revising Code Section 3-5-38, relating to free tasting of malt beverages on brewery premises during educational and promotional tours, as follows: "3-5-38. The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer. (a) As used in this Code section, the term: (1) 'Free souvenir' means a complimentary, single container of malt beverages with a liquid capacity that does not exceed 64 ounces. (2) 'Free tastings' means the provision of complimentary samples of malt beverages to the public for consumption on the premises of a brewer. (3) 'Sample' means a quantity of malt beverages manufactured by the brewer. (b)(1) A brewer licensed in this state may apply to the commissioner for an annual permit authorizing such brewer to conduct educational and promotional brewery tours on the licensed premises of the brewer, free of charge or for a fee, which may include: (A) Free souvenirs; and (B) Free tastings on the licensed premises of the brewery of malt beverages manufactured by such brewer. (2)(A) No brewer providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall consist of malt beverages manufactured by the brewer on the licensed premises. (B) If the brewer provides a growler as a free souvenir, the growler must be capped by the individual to whom it is being provided, placed by the licensee or employees 1228 JOURNAL OF THE SENATE of the licensee in a bag or container that is secured in such a manner that it is visibly apparent if the bag or container has been subsequently opened or tampered with, and a tag showing the date and name of the brewer shall be provided by the licensee and attached to the bag or container. If transported in a motor vehicle, the bag or container with the capped growler shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. (3) No brewer conducting free tastings pursuant to this subsection shall provide, directly or indirectly, to the same individual in one calendar day more than 36 ounces of malt beverages for consumption on the premises. Free tastings shall be held in a designated tasting area on the licensed premises of the brewer and all open bottles containing malt beverages shall be visible at all times. (4) Free souvenirs and free tastings shall only be provided after the brewery tour and only to individuals who have attended a brewery tour on the same calendar day. An individual shall be 21 years of age or older to receive a free souvenir or free tasting. (5) The brewer shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection. (c) A brewer may, in conjunction with a brewery tour pursuant to subsection (b) of this Code section, provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages. (d) If a brewer chooses to charge a fee for a brewery tour pursuant to subsection (b) of this Code section, such fee may be based on the amount of malt beverages to be furnished to the individual attending the brewery tour, provided that such fee is charged prior to the beginning of such tour. (e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section. (f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section." SECTION 6. Code Section 40-6-253 of the Official Code of Georgia Annotated, relating to consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. A container that has been sealed, or resealed, or capped and secured pursuant to Code Section 3-5-4, 3-5-36, 3-5-38, or 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section." FRIDAY, MARCH 13, 2015 1229 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Williams of the 19th, Jones of the 25th, Hufstetler of the 52nd, Williams of the 27th, Beach of the 21st and Hill of the 6th offered the following amendment #1: Amend the Senate Committee on Regulated Industries and Utilities substitute to SB 63 (LC 36 2768S) by deleting lines 177 and 178 and inserting in lieu thereof following: (1) 'Free souvenir' means a complimentary: (A) Growler; or (B) Sealed container or containers of malt beverages with a total liquid capacity that does not exceed 72 ounces. Senator Williams of the 19th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Williams of the 19th, et al. amendment #1 to the committee substitute was withdrawn. Senators Albers of the 56th, Hill of the 6th and Martin of the 9th offered the following amendment #2: Amend the Senate Committee on Regulated Industries and Utilities substitute to SB 63 (LC 36 2768S) by inserting between lines 176 and 177 the following: (1) 'Brewery tour' means guided access to the manufacturing portion of the licensed premises of a brewer, an educational or promotional video relating to the brewer and the brewer's products or manufacturing process, or a combination thereof. By redesignating paragraphs (1) through (3) on lines 177 through 181 as paragraphs (2) through (4), respectively. Senator Heath of the 31st offered the following amendment #2a: Amend AM 36 0509 SB 63 by striking line 5 and replacing the same with "brewer's products or manufacturing process, or any combination thereof which lasts a minimum of one hour." On the adoption of amendment #2a, the yeas were 3, nays 34, and the Heath amendment #2a to the Albers, et al. amendment #2 to the committee substitute was lost. On the adoption of amendment #2, there were no objections, and the Albers, et al. amendment #2 to the committee substitute was adopted. Senators Martin of the 9th, Albers of the 56th and Hill of the 6th offered the following amendment #3: 1230 JOURNAL OF THE SENATE Amend the Senate Committee on Regulated Industries and Utilities substitute to SB 63 (LC 36 2768S) by deleting line 205 and inserting in lieu thereof following: (4) Free souvenirs shall only be provided after the brewery tour and On the adoption of the amendment, there were no objections, and the Martin, et al. amendment #3 to the committee substitute was adopted. Senators Hill of the 6th and Jones of the 25th offered the following amendment #4: Amend the Senate Committee on Regulated Industries and Utilities substitute to SB 63 (LC 36 2768S) by deleting "36" on line 201 and inserting in lieu thereof "48". Senator Hill of the 6th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill of the 6th, Jones of the 25th amendment #4 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy N Kirk N Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M Y Williams, T FRIDAY, MARCH 13, 2015 1231 On the passage of the bill, the yeas were 51, nays 5. SB 63, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th: A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 297. By Representatives Beskin of the 54th, Nix of the 69th, Geisinger of the 48th, Dudgeon of the 25th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 43-1-2 of the Official Code of Georgia Annotated, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, so as to provide for professional licensing boards to make designations for the receipt and processing of applications for examination; to repeal conflicting laws; and for other purposes. HB 343. By Representatives Caldwell of the 131st and Knight of the 130th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 13, 2012 (Ga. L. 2012, p. 4416), so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 1232 JOURNAL OF THE SENATE HB 496. By Representatives Hatchett of the 150th, Peake of the 141st, Williams of the 119th, Roberts of the 155th, England of the 116th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 122. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T FRIDAY, MARCH 13, 2015 1233 On the passage of the bill, the yeas were 54, nays 0. SB 122, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 122. Had I been present, I would have voted yes. /s/ Butch Miller District 49 Senator Hill of the 32nd was excused for business outside the Senate Chamber. SR 126. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes. The Senate Committee on Transportation offered the following substitute to SR 126: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Mr. Bill T. Hardman was named Georgia's first tourism director of the Georgia Department of Industry and Trade in 1959 and was charged with the responsibility of building this state's hospitality industry; and WHEREAS, Mr. Hardman established and served as president of the Southern Travel Directors' Council, conducted the first Governor's Conference on Tourism in this country, and promoted Georgia at travel conferences around the United States, Canada, and Europe; and WHEREAS, he helped organize and served as chairman of the National Association of Travel Organizations and served on the organization's board of directors for 49 years; and WHEREAS, Mr. Hardman developed the concept of building Welcome Centers at major highway entrances for the State of Georgia; and 1234 JOURNAL OF THE SENATE WHEREAS, in 1991 he created the Southeast Tourism Society's Marketing College at the University of North Georgia; each year 300 students from 12 southern states travel to Dahlonega to participate in this tourism oriented school, which has 879 graduates to date; and WHEREAS, he was active in the effort to preserve and restore Lumpkin County's original courthouse, which now serves as Dahlonega's Gold Museum, and was part of the group of local civic boosters who led a wagon train loaded with gold mined in Dahlonega to the State Capitol to promote Dahlonega as a major tourism destination; and WHEREAS, in his beloved hometown of Dahlonega, Mr. Hardman organized the Christmas Decorating Contest for Dahlonega merchants and raised funds to restore and display the Dahlonega Diving Bell, a relic from 1875 found in the Chestatee River; and WHEREAS, Mr. Hardman was awarded the Tourism Lifetime Achievement Award by the State of Georgia and was inducted into the Atlanta Hospitality Hall of Fame. PART II 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, E-4 Roger Dorsey demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending his fellow citizens during the Vietnam War on the Air Craft Carrier Intrepid as an E-4 and working on the aircraft departing and coming from Vietnam; and WHEREAS, E-4 Dorsey earned a bachelor's degree from the University of Tennessee at Chattanooga and served as the owner and operator of the Lil Pig Convenience Store in Rossville for 22 years; and WHEREAS, a proud member of the VFW Post #3679, E-4 Dorsey was awarded the Republic of Vietnam Campaign Medal and the National Defense Service Medal; and WHEREAS, E-4 Dorsey embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory. FRIDAY, MARCH 13, 2015 1235 PART III WHEREAS, White County in Northeast Georgia is geographically considered part of the Appalachian mountain range; and WHEREAS, the cities of Cleveland and Helen in White County have promoted Cleveland as the gateway to the Appalachian mountain range for more than 20 years; and WHEREAS, the Appalachian Trail runs through White County and provides access to Cleveland and Helen; and WHEREAS, White County was designated as an official "Appalachian Trail Community" in 2012 by the Appalachian Trail Conservancy; and WHEREAS, White County is well known for its Appalachian folk potter face jugs and is home to famous folk potter families including the Meaders, Hewell, Dorsey, and Ferguson families; and WHEREAS, the county is home to the Sautee Nacoochee Center, which includes an American Heritage site featuring 19th century Appalachian artifacts which is used as an American Appalachia teaching exhibit; and WHEREAS, Cleveland and Helen in White County are well known in the field of Appalachian heritage arts, promoting and developing educational programs to keep the Appalachia visual and performing arts alive; and WHEREAS, Cleveland is home to Xavier Roberts, founder of Original Appalachian Artworks, where his Appalachian, handcrafted Little People heirloom dolls, now known as Cabbage Patch Kids, were created; and WHEREAS, White County has been designated as part of Appalachia by the federal government and is eligible for grants from the Appalachian Regional Commission. PART IV WHEREAS, Mr. Frank L. Danchetz has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and 1236 JOURNAL OF THE SENATE WHEREAS, Mr. Danchetz earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation for 34 years of superlative service in offices such as Environment and Location and Urban Design, with ten years as Chief Engineer; and WHEREAS, he was a professional mentor to many of the senior managers that currently lead the department, and was instrumental in creating excellent relationships for the department as a liaison to federal, state, and local legislators for project information; and WHEREAS, he has been recognized with numerous honors and accolades, including the Thomas H. MacDonald Memorial Award for continuous outstanding service over an extended period to the art and science of highway engineering; and WHEREAS, his leadership and guidance were instrumental to AASHTO, where he served as vice chairperson for the Standing Committee on Highways, as a member of the standing committee on Research and the Asset Management Task Force, and held leadership positions on the special committee on Environment, Archeology, and Historic Preservation; the standing committee on Environment; and the National Transportation Product Evaluation Program; and WHEREAS, Mr. Danchetz was a pillar of support and institution of service for the Georgia Department of Transportation, contributing some of the best years of his life to the betterment of transportation; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a road in his honor. PART V WHEREAS, Mr. Paul V. Liles, Jr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and WHEREAS, Mr. Liles earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation with nearly four decades of superlative service, 22 years of which were as the State Bridge Engineer; and FRIDAY, MARCH 13, 2015 1237 WHEREAS, he is an institution in the bridge and structural engineering world and has served on a variety of committees for both state and national organizations over the years, including AASHTO's Seismic, Construction, Concrete, Welding, Polymer Composites, and Security committees and the Transportation Research Board's General Structures, Concrete Bridges, Steel Bridges, Structural Fiber Reinforced Plastics, and Bridge Management committees; and WHEREAS, a registered professional engineer, Mr. Liles holds the title of longest serving employee at the department with 45 years of dedicated and professional activities on his record; and WHEREAS, his influence, role, and impact on engineering and bridge design in the State of Georgia is truly meaningful and will be valued for generations to come; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a bridge in his honor. PART VI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 400 in Dawson and Lumpkin counties is dedicated as the Bill T. Hardman Hospitality Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Mission Ridge Road in Walker County is dedicated as the E-4 Roger Dorsey, United States Navy, Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the portion of new Cleveland Bypass from SR11/US129 at Donald E. Thurmond Drive extending northwest to SR11/US129 at Hulsey Road is dedicated as the Appalachian Parkway. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 306 from GA 400 to State Route 53 in Forsyth County is dedicated as the Frank L. Danchetz Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 8/North Avenue over the Interstate 75/Interstate 85 Connector in Fulton County is dedicated as the Paul V. Liles, Jr., Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. 1238 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation, Mr. Frank L. Danchetz, Mr. Paul V. Liles, Jr., and the families of Mr. Bill T. Hardman and E-4 Roger Dorsey. On the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 54, nays 0. SR 126, having received the requisite constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: FRIDAY, MARCH 13, 2015 1239 HB 21. HB 48. HB 322. HB 369. By Representatives Carson of the 46th, Roberts of the 155th and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 32-9-9 of the Official Code of Georgia Annotated, relating to the creation of the transit authority by special legislation and the authority's attributes and powers, so as to repeal a population provision relative to creation of a transit authority within metropolitan areas; to provide for the establishment of intergovernmental agreements prior to the operation of service by a transit authority when it is being created in a geographical area where a transit service is already provided by an authority or county government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd 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 foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic 1240 JOURNAL OF THE SENATE repeal under certain conditions; to repeal conflicting laws; and for other purposes. HB 426. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd 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 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 an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SR 441. By Senator James of the 35th: A RESOLUTION recognizing Ms. Gladys Maria Knight and dedicating a road in her honor; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson FRIDAY, MARCH 13, 2015 1241 Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 53, nays 0. SR 441, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SR 441. Had I been present, I would have voted yes. /s/ Burt Jones District 25 SB 185. By Senators Tippins of the 37th, Unterman of the 45th, Millar of the 40th, Thompson of the 14th, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal prosecution; to provide for related matters; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 185: A BILL TO BE ENTITLED AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal prosecution; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for continuing research into the benefits of cannabidiol to treat debilitating or life-threatening 1242 JOURNAL OF THE SENATE seizures in children; to provide for definitions; to provide for legislative findings and intent; 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: PART I SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows: "CHAPTER 50 31-50-1. (a) The Board of Regents of the University System of Georgia shall cause to be designed, developed, implemented, and administered a cannabidiol or cannabidiolcontaining product research program to develop rigorous data that will inform and expand the scientific community's understanding of potential treatments for persons under 18 years of age with medication-resistant epilepsies. (b) Such program shall adhere to the regulatory process established by the federal Food, Drug, and Cosmetic Act, as well as other federal laws and regulations governing the development of new drugs containing controlled substances as defined under the federal Controlled Substances Act of 1970. 31-50-2. To the extent permissible under this chapter, such program shall be designed to permit the voluntary enrollment of all persons under 18 years of age having medicationresistant epilepsies who are residents of this state and who: (1) Have been residents of this state for the 24 month period immediately preceding their entry into the program; or (2) Have been residents of this state continuously since birth if they are less than 24 months old at the time of their entry into the program. 31-50-3. (a) For purposes of this chapter, the board of regents may act through a unit of the University System of Georgia, a nonprofit corporation research institute, or both. (b) Any nonprofit corporation research institute approved by the board of regents to participate in the program established under this chapter shall be required to have the necessary experience, expertise, industry standards and security procedures, and infrastructure to implement such research in accordance with accepted scientific and regulatory standards. (c) The board of regents and its authorized agent may enter into such agreements, FRIDAY, MARCH 13, 2015 1243 among themselves and with other parties, as are reasonable and necessary to implement the provisions of this chapter. 31-50-4. (a) The board of regents or its authorized agent shall designate a supplier of cannabidiol or cannabidiol-containing products and shall collaborate with a designated supplier to develop a clinical trial protocol to study cannabidiol or cannabidiolcontaining products in the treatment of persons under 18 years of age with medicationresistant epilepsies, which trial shall be conducted at one or more locations in this state. The supplier shall be required to supply a source of cannabidiol or cannabidiolcontaining product that has been standardized and tested in keeping with such standards. (b) The board of regents or its authorized agent shall require the supplier of cannabidiol or cannabidiol-containing product to commit personnel and other resources to such collaboration and to supply cannabidiol or cannabidiol-containing product for a collaborative study under reasonable terms and conditions to be agreed upon mutually. 31-50-5. Any public record, as defined by Code Section 50-18-70, produced pursuant to this chapter shall be exempt from disclosure to the extent provided by Code Section 50-1872. 31-50-6. All activities undertaken pursuant to this chapter shall be subject to availability of funds appropriated to the board of regents or otherwise made available for purposes of this chapter. 31-50-7. (a) Patient participants and their parents or legal guardians, designated employees of the board of regents, program agents and collaborators and their designated employees, and suppliers of cannabidiol or cannabidiol-containing product to the program and their designated employees shall be immune from state prosecution for possession, distribution, sale, purchase, administration, and any other use of a substance otherwise prohibited or regulated under Chapter 13 of Title 16 which is present in a cannabidiolcontaining product authorized for purposes of this chapter. A patient authorized under this chapter and program and his or her parent or legal guardian shall not possess an amount of cannabidiol or cannabidiol-containing product in excess of the amount prescribed under the authority of this chapter. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, clinical research, pharmacy, pharmacist participants, and all medical personnel in the program shall be immune from state prosecution for possession, distribution, sale, purchase, administration, and any other use of a substance otherwise prohibited or regulated under Chapter 13 of Title 16 which is present in a cannabidiol- 1244 JOURNAL OF THE SENATE containing product authorized for purposes of this chapter. Any possession, distribution, sale, purchase, administration, or other use not authorized for purposes of this chapter shall be punishable under Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, or Chapter 4 of Title 26, relating to pharmacists and pharmacies, as applicable. (b) For purposes of subsection (a) of this Code section, the board of regents or its agent which administers the program authorized under this chapter shall provide appropriate certificates, suitable for carrying on their persons or display, as applicable, to patient participants and their parents or legal guardians, designated employees of the board of regents, program agents and collaborators and their designated employees, suppliers of cannabidiol or cannabidiol-containing product to the program and their designated employees, and physician, clinical research, pharmacy, and pharmacist participants in the program as proof of authorization to possess, distribute, sell, purchase, administer, and otherwise use cannabidiol or cannabidiol-containing product as authorized for purposes of this chapter. 31-50-8. The board of regents may establish fees for program participants in such amounts as are reasonable to offset program costs. 31-50-9. The board of regents may adopt such rules and regulations as are reasonable and necessary for purposes of this chapter. 31-50-10. This chapter shall stand repealed on July 1, 2020." PART II SECTION 2-1. WHEREAS, the General Assembly finds and declares that clinical research has shown certain benefits arising from the utilization of medical research cannabidiol, and most recently, the State of Georgia has sponsored a clinical study with GW Pharmaceuticals to quantify the benefits of a particular strain delivered orally for the treatment of seizure disorders among children; and WHEREAS, nothing in this legislation should be construed as encouraging or sanctioning the use of marijuana or controlled substances in a manner which violates the "Controlled Substances Therapeutic Research Act," nor is this legislation to be construed as any intent of the General Assembly to be moving in the direction of the legalization of the recreational use of marijuana or other controlled substances. FRIDAY, MARCH 13, 2015 1245 SECTION 2-2. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by revising Article 5, relating to the use of marijuana for treatment of cancer and glaucoma, as follows: "ARTICLE 5 43-34-120. This article shall be known and may be cited as the 'Controlled Substances Therapeutic Research Act.' 43-34-121. (a) The General Assembly finds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of financial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibly utilize marijuana in clinical trials because of federal governmental controls which involve expensive, time-consuming approval and monitoring procedures this legislation's purpose is the compassionate, potentially lifesaving use of medical cannabidiol. Studies indicate that cannabidiol, a nonpsychoactive cannabinoid, has significant health and wellness benefits for the treatment of certain seizure disorders afflicting children. (b) The General Assembly further finds and declares that limited studies throughout the nation indicate that marijuana and certain of its derivatives possess cannabidiol possesses valuable and, in some cases, unique therapeutic properties, including the ability to relieve nausea and vomiting which routinely accompany chemotherapy and irradiation used to treat cancer patients. Marijuana also may be effective in reducing intraocular pressure in glaucoma patients who do not respond well to conventional medications treatment of seizure disorders in children. (c) The General Assembly further finds and declares that, in enabling individual physicians and their patients to participate in a state-sponsored program clinical study for the investigational use of marijuana and its derivatives cannabidiol, qualified physicians and surgeons throughout the this state will be able to study the benefits of the drug in a controlled clinical setting, and additional knowledge will be gained with respect to dosage and effects. (d) It is the intent of the General Assembly in enacting this article to permit research into the therapeutic applications of marijuana and its derivatives in cancer and glaucoma patients cannabidiol in seizure disorder patients. This would allow qualified physicians approved by the Patient Qualification Review Board created by Code Section 43-34-124 to provide the drug on a compassionate basis to seriously ill persons suffering from the severe side effects of chemotherapy or radiation treatment and to persons suffering from glaucoma who are not responding to conventional treatment children suffering from seizure disorders, which persons children would otherwise have 1246 JOURNAL OF THE SENATE no lawful access to it. It is the further intent of the General Assembly to facilitate clinical trials of marijuana and its derivatives cannabidiol, particularly with respect to persons children suffering from cancer and glaucoma seizure disorders who would be benefited by use of the drug. (e) This article is limited to clinical trials and research into therapeutic applications of marijuana cannabidiol only for use in treating glaucoma and in treating the side effects of chemotherapeutic agents and radiation seizure disorders and should not be construed as either encouraging or sanctioning the social use of marijuana. Nothing in this article shall be construed to encourage the use of marijuana in lieu of or in conjunction with other accepted medical treatment, but only as an adjunct to such accepted medical treatment. 43-34-122. As used in this article, the term: (1) 'Board' means the Georgia Composite Medical Board. 'Cannabidiol' means an extract derived from any plant of the genus cannabis which contains cannabinols and cannabidiols and has a purity of at least 95 percent or higher cannabidiol in combination with .3 percent or less of tetrahydrocannabinols as defined by subparagraph (P) of paragraph (3) of Code Section 16-13-25 and is delivered to the patient in the form of a liquid, pill, transdermal patch, or injection but which does not include smoking. (2) 'Designated caregiver' means the patient's parent or legal guardian. (2)(3) 'Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in Article 2 of Chapter 13 of Title 16. (4) 'Patient' means a person under the age of 21 who is under the care of a pediatric neurologist. (3)(5) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter and is a pediatric neurologist. (4) 'Program' means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 43-34-123. (5) 'Review board' means the Patient Qualification Review Board established pursuant to Code Section 43-34-124. (6) 'Smoking' means inhaling, exhaling, burning, vaporizing, or carrying any lighted marijuana or cannabis product. (7) 'Written certification' means a document dated and signed by a physician stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other severe form of epilepsy or other seizures of unknown etiology that is not adequately treated by traditional medical therapies. 43-34-123. (a) There is established under the Georgia Composite Medical Board the Controlled Substances Therapeutic Research Program, which shall be administered by the board. FRIDAY, MARCH 13, 2015 1247 Under the program, the board shall act as a sponsor of state-wide investigational studies, utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the board. Such guidelines and protocols shall be designed to ensure that stringent security and record-keeping requirements for research drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse. (b) The program shall be limited to patients who are certified to the board by a physician as being: (1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or (2) Glaucoma patients who are not responding to conventional controlled substances. (c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment. (d) The cost of any blood test required by the federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program. (e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this article: (1) The board; (2) The review board created by Code Section 43-34-124; (3) The Attorney General or his or her designee; (4) Any person directly connected with the program who has a legitimate need for the information; and (5) Any federal agency having responsibility for the program Reserved. 43-34-124. (a) The board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the board and shall serve at the pleasure of the board. The review board shall be composed of: (1) A board certified physician in ophthalmology; (2) A board certified physician in surgery; (3) A board certified physician in internal medicine and medical oncology; (4) A board certified physician in psychiatry; (5) A board certified physician in radiology; and 1248 JOURNAL OF THE SENATE (6) A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists, pharmacy, and drugs. (b) The review board shall elect from its members a chairperson and a vice chairperson. The review board shall hold regular meetings at least once every 60 days and shall meet at such additional times as shall be called by the chairperson of the review board or the chairperson of the board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly. (c) The board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board. (d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which are otherwise qualified and certify physicians regarding the distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by Chapter 14 of Title 50 Reserved. 43-34-125. (a) The board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency. (b) The board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana. Any cannabidiol distributed or dispensed by a physician or pharmacy shall be kept by the patient in the original container in which it was dispensed and is labeled according to Code Section 26-3-8. 43-34-126. Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such FRIDAY, MARCH 13, 2015 1249 possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies. (a) Any patient with a written certification who uses, purchases, possesses, or has under his or her control an amount of cannibidiol which such patient has been authorized under this article to use, purchase, possess, or have under his or her control shall not be subject to arrest or prosecution for a violation of Code Section 16-13-30. (b) Any parent or legal guardian of a patient who possesses a written certification for cannibidiol who purchases, possesses, administers, or has under his or her control an amount of cannibidiol which such patient has been authorized under this article to use shall not be subject to arrest or prosecution for a violation of Code Section 16-13-30. (c) A pediatric neurologist or any medical employee associated with the state sponsored clinical study on cannabidiol who possesses cannabidiol as defined in this article shall not be subject to arrest or prosecution under Code Section 16-13-30. (d) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home of a parent based solely upon the parent's or child's or legal guardian's possession or administration of cannabidiol as authorized by this article." PART III SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Fort of the 39th and Parent of the 42nd offered the following amendment #1: Amend LC 37 1973S, substitute to SB 185 by striking line 50 and replacing it with: "the treatment of medication resistant epilepsies, cancer, HIV/AIDS, and sickle cell disease, which" inserting after the word with on line 186: "cancer, HIV/AIDS, sickle cell disease," Senator Parent of the 42nd asked unanimous consent that her amendment be withdrawn. The consent was granted, and the Fort, Parent amendment #1 to the committee substitute was withdrawn. 1250 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 1. SB 185, having received the requisite constitutional majority, was passed by substitute. The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools FRIDAY, MARCH 13, 2015 1251 prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others: A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 375. By Representatives Powell of the 171st, Fleming of the 121st, Hightower of the 68th, Hitchens of the 161st, Powell of the 32nd and others: A BILL to be entitled an Act to amend Code Section 40-6-15 of the Official Code of Georgia Annotated, relating to knowingly driving a motor vehicle with a suspended, canceled, or revoked vehicle registration, so as to change provisions relating to a plea of nolo contendre; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th and others: 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the armed forces of the United States; to provide for definitions; to provide a short title; 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: 1252 JOURNAL OF THE SENATE HB 268. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 476. By Representatives Fludd of the 64th, Bruce of the 61st, Mabra of the 63rd, Kaiser of the 59th, Thomas of the 56th and others: A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. HB 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes. At 1:05 p.m. the President announced that the Senate would stand at ease until 2:00 p.m. At 2:00 p.m. the President called the Senate to order. Senator Lucas of the 26th moved to suspend the Senate Rules in order to read legislation for the first time and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SR 494. By Senators Lucas of the 26th, Jones of the 10th, Henson of the 41st, Ginn of the 47th and Orrock of the 36th: A RESOLUTION creating the Senate Study Committee on the Effect on Georgia of Normalization of Relations with Cuba; and for other purposes. Referred to the Committee on Economic Development and Tourism. FRIDAY, MARCH 13, 2015 1253 The Calendar was resumed. SB 203. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hill of the 6th offered the following amendment #1: Amend LC 21 3737 SB 203 by striking, on lines 25 through 28, paragraph C. And by adding after commission . on line 33: "No additional state appropriations shall be made for this commission." On the adoption of the amendment, there were no objections, and the Hill of the 6th 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson 1254 JOURNAL OF THE SENATE Harbin Y Harbison Y Harper Heath Y Henson Y Hill, H Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. SB 203, having received the requisite constitutional majority, was passed as amended. Senator David Shafer, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Beach of the 21st Ginn of the 47th Jones of the 25th Tolleson of the 20th Bethel of the 54th Gooch of the 51st Mullis of the 53rd Dugan of the 30th Jackson of the 24th Tippins of the 37th SB 130. By Senators Thompson of the 14th, Unterman of the 45th, Stone of the 23rd, Henson of the 41st, Seay of the 34th 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 the uniform rules of the road, so as to provide that any person in control of a motor vehicle who smokes or permits another occupant to smoke when a person under the age of 15 is in the vehicle shall be guilty of a misdemeanor; to provide for secondary enforcement; to define a certain term; to provide a penalty; to provide a short title; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Beach E Bethel Y Black Y Burke Y Butler Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) FRIDAY, MARCH 13, 2015 1255 Y Cowsert N Crane Y Davenport E Dugan Fort E Ginn E Gooch Y Harbin Harbison Y Harper N Heath Y Henson Y Hill, H Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller E Mullis Y Sims Y Stone Tate Y Thompson, B Thompson, C E Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 37, nays 3. SB 130, having received the requisite constitutional majority, was passed. SB 154. By Senators Stone of the 23rd, Watson of the 1st, Harper of the 7th, Jones II of the 22nd and Rhett of the 33rd: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 and Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses and grounds for issuance of search warrant and scope of search pursuant to a search warrant, respectively, so as to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hill of the 6th offered the following amendment #1: Amend SB 154 (LC 29 6390) by inserting after "definition;" on line 6 the following: to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, so as to change certain provisions relating to the release of certain audio and video recordings; By inserting between lines 56 and 57 the following: SECTION 3A. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, is amended in subsection (a) by adding a new paragraph to read as follows: "(26.2) Audio and video recordings from devices used by law enforcement officers, 1256 JOURNAL OF THE SENATE except to the following, provided that the person seeking the audio or video recording submits a sworn affidavit that attests to the facts necessary to establish eligibility under this paragraph: (A) A duly appointed representative of a deceased's estate when the decedent was depicted or heard on such recording; (B) A parent or legal guardian of a minor depicted or heard on such recording; (C) An accused in a criminal case when, in the good faith belief of the accused, such recording is relevant to his or her criminal proceeding; (D) A party to a civil action when, in the good faith belief of such party, such recording is relevant to the civil action; (E) An attorney for any of the persons identified in subparagraphs (A) through (D) of this paragraph; or (F) An attorney for a person who may pursue a civil action when, in the good faith belief of such attorney, such recording is relevant to the potential civil action;" On the adoption of the amendment, there were no objections, and the Hill of the 6th amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Beach E Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport E Dugan N Fort E Ginn E Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson N Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock N Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone N Tate Y Thompson, B Thompson, C E Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T FRIDAY, MARCH 13, 2015 1257 On the passage of the bill, the yeas were 39, nays 6. SB 154, having the requisite constitutional majority, was passed as amended. SB 145. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 31-2-3 of the Official Code of Georgia Annotated, relating to the Board of Community Health, so as to provide that at least one member of the board is also a member of the state health benefit plan; to provide that current members carry out their respective terms; 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 E Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Fort E Ginn E Gooch Y Harbin 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 E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 45, nays 0. SB 145, having received the requisite constitutional majority, was passed. Senator Thompson of the 5th was excused for business outside the Senate Chamber. 1258 JOURNAL OF THE SENATE SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 138: A BILL TO BE ENTITLED AN ACT To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for various reforms regarding the state's child welfare system pursuant to a comprehensive review by the Governor's Child Welfare Reform Council; to provide that the director of the Division of Family and Children Services of the Department of Human Services is appointed by the Governor; to establish the DFCS State Advisory Board; to provide requirements for members appointed to county boards of family and children services; to clarify the primary purpose of county departments of family and children services; to establish DFCS Regional Advisory Boards; to provide for the sharing of data relating to the care and protection of children between agencies; to provide for legislative findings; to provide for the establishment of an interagency data protocol; to provide for interagency agreements; to provide a manner to address legal impediments that are identified; to provide for statutory construction; to provide for contact with a school regarding reports of suspected child abuse; to provide for access to a child's medical and educational records by a foster parent; to repeal certain provisions deemed unconstitutional regarding a central child abuse registry; to enact new provisions to provide for the establishment of a central child abuse registry; to provide for definitions; to provide for the reporting of convictions and substantiated cases of child abuse to the Division of Family and Children Services; to provide for entry of reported convictions and substantiated cases into the registry; to provide for a hearing to contest inclusion of a name in the registry; to limit access to information in the registry; to provide for confidentiality; to provide for immunity; to amend Code Section 15-11-215 of the Official Code of Georgia Annotated, relating to notice of change in placement hearings, so as to provide that a temporary absence shall not be considered a placement change; to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, so as to provide for certain contracts regarding children in state care or custody; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 13, 2015 1259 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Chapter 2, relating to the Department of Human Services, by adding new Code sections to read as follows: "49-2-18. (a) The Governor shall appoint the director of the Division of Family and Children Services, with confirmation by the Senate, who shall serve at the pleasure of the Governor. The director shall be an employee of the Department of Human Services but shall report directly to the Governor. (b) The director shall have at least one of the following qualifications: (1) Educational background or managerial experience involving work with vulnerable populations; (2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or (3) Experience working in or managing a complex, multidisciplinary business or government agency. 49-2-19. (a) There is established the DFCS State Advisory Board which shall consist of 20 members appointed by the Governor as follows: (1) One representative from each of the 15 DFCS regions; and (2) Five members who are either state legislators or representatives from the fields of: (A) Child welfare; (B) Former youth in foster care; (C) Public health; (D) Behavioral health and developmental disabilities; or (E) Juvenile justice. (b) The advisory board shall review and recommend proposed rules and regulations for the Division of Family and Children Services. (c) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate. (d) The advisory board shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the Division of Family and Children Services, or the Governor. The director of the Division of Family and Children Services shall participate in such meetings and provide a quarterly report to the advisory board in advance of each quarterly meeting. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office; provided, however, that any legislative 1260 JOURNAL OF THE SENATE member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees." SECTION 2. Said title is further amended by revising Code Section 49-3-2, relating to the appointment of members to the county department of family and children services, as follows: "49-3-2. (a) Each county board shall consist of between five and seven members who shall be appointed by the governing authority of the county. No person serving as a member of a county board on July 1, 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies Vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population. Further, the governing authority shall ensure that all appointments made on or after July 1, 2015, are made from the following categories: (1) Pediatric health care providers; (2) Appropriate school personnel; (3) Emergency responders; (4) Law enforcement personnel; (5) Private child welfare service providers; (6) Alumni of the child welfare system; (7) Mental health care providers; (8) Foster parents; and (9) Leaders within the faith-based community. (b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1994, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a five-year term. (c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the governing authority of the county shall fail to fill any such vacancy or any vacancy caused by expiration of term on the county board within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies. FRIDAY, MARCH 13, 2015 1261 (d) In addition to the five members required by subsection (a) of this Code section, the county governing authority is authorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Appointments to fill vacancies created by the death, resignation, or removal before the end of the term of a member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section. (e)(d) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses. (f) In addition to the five members otherwise provided for in this Code section, the board of family and children services in any county of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census shall include an additional two members who shall be subject to this Code section in the same manner as the five members otherwise provided for in this Code section. Each member provided for in this subsection shall be appointed for a term of five years and until the appointment and qualification of the member's successor, except that in the initial appointment of the two additional members one member shall be appointed for a four-year term and one member for a five-year term; and these initial members shall serve until the appointment and qualification of their successors." SECTION 3. Said title is further amended by revising Code Section 49-3-6, relating to the functions of county or district departments of family and children services, as follows: "49-3-6. (a) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of Division of Family and Children Services of the Department of Human Services: (1) Investigate reports of abuse and neglect; (2) Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect; (3) Work cooperatively with law enforcement regarding reports that include criminal conduct allegations; and (4) Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title. 1262 JOURNAL OF THE SENATE (b) In addition to the purpose in subsection (a) of this Code section, and subject Subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent, and neglected, delinquent, and disabled children; and such other welfare activities as shall be delegated to it by the Division of Family and Children Services of the Department of Human Services or by the county commissioners. The county department shall also investigate and pass upon all applications for admission to and discharge from county institutions which provide care and treatment for indigents. If so appointed by a court of competent jurisdiction, the Division of Family and Children Services of the Department of Human Services or the county or district department of family and children services shall perform under the supervision of such court the function of probation officer or agent of the court in any welfare or penal matters which may be before it." SECTION 4. Said title is further amended in Chapter 3, relating to family and children services, by adding a new Code section to read as follows: "49-3-9. There is established in each region a DFCS Regional Advisory Board. Each regional advisory board shall be composed of the director of each county department of family and children services within the region and five to seven additional members as selected by the DFCS regional director. Such additional members shall be representatives from the categories included in paragraphs (1) through (11) of subsection (a) of Code Section 49-3-2. The purpose of the regional advisory boards shall be to improve communication, service delivery, and the consistent application of state policy within each DFCS region. Each regional advisory board shall meet at least quarterly." SECTION 5. Said title is further amended in Chapter 5, relating to programs and protection for children and youth, by adding a new Code section to read as follows: "49-5-24. (a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state. (2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them. (3) The General Assembly finds that such data sharing and integration can serve the FRIDAY, MARCH 13, 2015 1263 best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties. (4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository. (b) The Department of Human Services, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data: (1) Division of Family and Children Services of the Department of Human Services; (2) Department of Early Care and Learning; (3) Department of Community Health; (4) Department of Public Health; (5) Department of Behavioral Health and Developmental Disabilities; (6) Department of Juvenile Justice; (7) Department of Education; and (8) Georgia Crime Information Center. (c) The Department of Human Services, working with such agencies, shall establish an interagency data protocol to enable each agency to accurately and efficiently collect and share data with the other agencies in the most effective and expeditious manner. The interagency data protocol shall: (1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data; (2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data; (3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and (4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g, and the federal Health 1264 JOURNAL OF THE SENATE Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9. (d) To further delineate the parameters for the sharing of data with one or more agencies, specific interagency agreements may be executed between or among agencies. (e) If a federal law or regulation impedes necessary data sharing between agencies, the appropriate agency or agencies shall make all reasonable attempts to be granted a waiver or exemption from the applicable law or regulation. (f) The Department of Human Services and any of the agencies in subsection (b) of this Code section may apprise chairpersons of the appropriate committees of the General Assembly of the need for any legislative action necessary to facilitate or improve data sharing between agencies for the purposes of this Code section. (g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memoranda of understanding existing as of June 30, 2015, or prohibit the creation of memoranda of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices. (2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law." SECTION 6. Said title is further amended by revising subsections (c) and (d) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows: "(c) The department or a county or other state or local agency may permit access to records concerning reports of child abuse and may release information from such records to the following persons or agencies when deemed appropriate by such department: (1) A physician who has before him or her a child whom he or she reasonably suspects may be abused; (2) A licensed child-placing agency, a licensed child-caring institution of this state which is assisting the Department of Human Services by locating or providing foster or adoptive homes for children in the custody of the department, or an investigator appointed by a court of competent jurisdiction of this state to investigate a pending petition for adoption; (3) A person legally authorized to place a child in protective custody when such person has before him or her a child he or she reasonably suspects may be abused and such person requires the information in the record or report in order to determine whether to place the child in protective custody; (4) An agency or person having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; (5) An agency, facility, or person having responsibility or authorization to assist in FRIDAY, MARCH 13, 2015 1265 making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized citizen review panels, court appointed guardians ad litem, certified Court Appointed Special Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a protocol committee, as such term is defined in Code Section 19-15-1; (6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state; (7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee, except that such access or release shall protect the identity of: (A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made, when the department has been unable to determine the extent of the employee's involvement in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer, except that such access or release shall protect the identity of: (A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990; (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor; (10.1) Any school official of a school that a child who was the subject of a report of suspected child abuse made pursuant to Code Section 19-7-5 attends in which there is an ongoing investigation of the reported abuse. Any such ongoing investigation shall include contact with such school to obtain any relevant information from school personnel regarding the report of suspected child abuse; 1266 JOURNAL OF THE SENATE (11) The Department of Early Care and Learning or the Department of Education; or (12) An individual, at the time such individual is leaving foster care by reason of having attained the age of majority, but such access shall be limited to providing such individual with a free copy of his or her health and education records, including the most recent information available. (d) Notwithstanding any other provision of law, any child-caring agency, child-placing agency, or identified foster parent shall have reasonable access to nonidentifying information from the placement or child protective services record compiled by any state department or agency having custody of a child with respect to any child who has been placed in the care or custody of such agency or foster parent or for whom foster care is being sought, excluding all documents obtained from outside sources which cannot be redisclosed under state or federal law. A department or agency shall respond to a request for access to a child's record within 14 days of receipt of such written request. Any child-caring agency, child-placing agency, or identified foster parent who is granted access to a child's record shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such records. Such record shall include reports of abuse of such child and the social history of the child and the child's family, the medical history of such child, including psychological or psychiatric evaluations, or educational records as allowed by state or federal law and any plan of care or placement plan developed by the department, provided that no identifying information is disclosed regarding such child. Notwithstanding the provisions of this subsection, a foster parent, as an agent of the department, shall have access to a child's medical and educational records in the same manner and to the same extent as the department itself and to the fullest extent allowable by law to ensure the proper care and education of a child entrusted to the foster parent's care." SECTION 7. Said title is further amended in Chapter 5 by repealing Article 8, relating to the central child abuse registry, and enacting a new article to read as follows: "ARTICLE 8 49-5-180. As used in this article, the term: (1) 'Abuse investigator' means the division, any county or district department of family and children services, any law enforcement agency, or any district attorney or designee thereof. The term also includes coroners, medical examiners, and out-ofstate abuse investigators. (2) 'Alleged child abuser' means a person named in an abuse investigator's report as having committed a substantiated case of child abuse. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' has the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5. FRIDAY, MARCH 13, 2015 1267 (5) 'Child abuse crime' means: (A) A violation of Article 1 or Article 2 of Chapter 5 of Title 16 or subsections (b) or (c) of Code Section 16-5-70, in which physical injury or death is inflicted on a minor child by a parent or caretaker thereof by other than accidental means; (B) A violation of Code Section 16-12-1 regarding a minor child by a parent or caretaker thereof; (C) A violation of Chapter 6 of Title 16 in which the victim is a minor; (D) A violation of Part 2 of Article 3 of Chapter 12 of Title 16; or (E) Any other crime that, in the discretion of the prosecuting attorney, constitutes child abuse. (6) 'Child abuse registry' means the Child Protective Services Information System established pursuant to Code Section 49-5-181. (7) 'Convicted' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. Such term also includes having been arrested, charged, and sentenced for the commission of a child abuse crime for which: (A) A plea of nolo contendere was entered to the charge; or (B) First offender treatment without adjudication of guilt pursuant to the charge was granted. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. (8) 'Convicted child abuser' means a person who is convicted of a child abuse crime. (9) 'Division' means the Division of Family and Children Services of the Department of Human Services. (10) 'Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (11) 'Sexual abuse' has the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (12) 'Sexual exploitation' has the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (13) 'Substantiated case' means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred. 49-5-181. (a) The division shall establish and maintain a central child abuse registry which shall be known as the 'Child Protective Services Information System.' The child abuse registry shall receive notice regarding: (1) Substantiated cases of child abuse reported to the division pursuant to subsection (a) of Code Section 49-5-182; and (2) Convicted child abusers reported to the division pursuant to subsection (b) of 1268 JOURNAL OF THE SENATE Code Section 49-5-182. (b) The child abuse registry shall be operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate substantiated cases of child abuse and convicted child abusers; and (2) Maintain and produce aggregate statistical data of substantiated cases of child abuse and cases of child abuse in which a person was convicted. 49-5-182. (a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise and determines that it is a substantiated case of child abuse if the alleged child abuser was at least 13 years of age at the time of the commission of the act shall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shall include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's parents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case of child abuse; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (4) of subsection (b) of Code Section 19-7-5 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (b) Upon receipt of a sentence in which a person is convicted of a child abuse crime, the prosecuting attorney shall notify the division within 30 business days following such receipt. Such notice may be submitted electronically and shall include the following: (1) A certified copy of the sentence; (2) A complete history of the convicted child abuser, including a certified copy of the indictment, accusation, or both and such other information as the division may require; (3) Name, age, sex, race, social security number, and birthdate of the victim of child abuse by the convicted child abuser, if known; and (4) Name, age, sex, race, social security number, and birthdate of the child's parents, custodian, or caretaker, if known. 49-5-183. (a) Upon receipt of an investigator's report of a substantiated case of child abuse pursuant to subsection (a) of Code Section 49-5-182 naming an alleged child abuser, the division: (1) Shall include in the child abuse registry the name of the alleged child abuser, the FRIDAY, MARCH 13, 2015 1269 classification of the abuse as provided in paragraph (4) of subsection (a) of Code Section 49-5-182, and a copy of the investigator's report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested. It shall be a rebuttable presumption that any such notice has been received if the return receipt has been received by the division. The notice shall further inform such alleged child abuser of such person's right to a hearing to appeal such determination. The notice shall further inform such alleged child abuser of the procedures for obtaining the hearing, and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (b) Any alleged child abuser who has not attained the age of legal majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (d) of this Code section shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the administrative law judge conducting the hearing determines that any such alleged minor child abuser will not be so represented at the hearing, or that the interests of any such alleged minor child abuser may conflict with the interests of the alleged minor child abuser's parent or other legal guardian, the administrative law judge shall order the division to apply to the superior court of the county in which the alleged act of child abuse was committed to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made by such county. (c) In order to exercise such right to a hearing, the alleged child abuser must file a written request for a hearing with the division within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the Office of State Administrative Hearings shall conduct a hearing upon that request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administrative determination regarding whether, based on a preponderance of evidence, there was child abuse committed by the alleged child abuser to justify the investigator's determination of a substantiated case. The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first-class mail to the address specified in the written request for a hearing and to the division by first-class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child abuser and the division, respectively, and proper postage affixed. Unless postponed by 1270 JOURNAL OF THE SENATE mutual consent of the parties and the administrative law judge or for good cause shown, that hearing shall be held within 30 business days following receipt by the Office of State Administrative Hearings of the request for a hearing, and a decision shall be rendered within five business days following such hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as necessary to allow the appointment of counsel. A telephone hearing may be conducted concerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned administrative law judge, venue may be transferred to any location within the state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county in which the alleged act of child abuse was committed. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article. (e) At the conclusion of the hearing under subsection (d) of this Code section, upon a finding that there is not a preponderance of evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that the alleged child abuser's name be removed from the child abuse registry. The general public shall be excluded from hearings of the Office of State Administrative Hearings held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection. (f) Notwithstanding any other provision of law, the decision of the administrative law judge under subsection (e) of this Code section shall constitute the final administrative decision. Any party shall have the right of judicial review of such decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within ten days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be substantially the same as those for judicial review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the child abuse registry and the superior court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. (g) The administrative law judge shall transmit to the division his or her decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the superior court shall transmit to the division its decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision. FRIDAY, MARCH 13, 2015 1271 49-5-184. (a) Upon receipt of a notice from a prosecuting attorney pursuant to subsection (b) of Code Section 49-5-182, the division shall include in the child abuse registry the name of the convicted child abuser, the offense for which he or she was convicted, and whether the offense is considered physical abuse, neglect or exploitation, sexual abuse, or sexual exploitation. (b) Any person whose name appears in the child abuse registry as a convicted child abuser shall be entitled to a hearing for an administrative determination of whether or not expungement of such person's name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the division. The provisions of this subsection shall not apply to persons who have waived their hearing after receipt of notice. (c) Upon receipt by the division of a written request for a hearing pursuant to subsection (b) of this Code section, the division shall transmit such request to the Office of State Administrative Hearings within ten days of receipt. The Office of State Administrative Hearings shall conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise provided in this Code section. A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. Upon a finding that there is no credible evidence that the person who requested the hearing is a convicted child abuser, the Office of State Administrative Hearings shall order the division to expunge that name from the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection. (d) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (c) of this Code section shall constitute the final agency decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within 30 days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial review of contested cases under Code Section 50-1319. The review and records thereof shall be closed to the public and not subject to public inspection. 49-5-185. (a) Except as otherwise authorized in subsection (c) of this Code section and subsection (b) of Code Section 49-5-186, the only persons or entities who may access or be provided any information from the child abuse registry are: (1) An abuse investigator who has investigated or is investigating a case of possible child abuse who shall only be provided information relating to that case for purposes of using that information in such investigation; and 1272 JOURNAL OF THE SENATE (2) State or other government agencies and licensing entities in this state or out of state that license individuals who have interactions with or are responsible for providing care for children shall only be provided information for purposes of licensing or employment of a specific individual. (b) The division shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of substantiated cases of child abuse and convicted child abusers entered into the child abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons associated with the child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. (c) A person may make a written request to the division to find out whether such person's name is included in the child abuse registry. Upon presentation of a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether that person's name is included in the child abuse registry and, if so, the date upon which the person's name was listed in the registry and the substantiated case of child abuse or child abuse crime for which the person was convicted. 49-5-186. (a) Information in the child abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter. (b)(1) Information obtained from the child abuse registry shall not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection; provided, however, that a district attorney may use such information in any court proceeding in the course of any criminal prosecution for any offense which constitutes or results from child abuse, if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent, which information relates to the child while in the custody of such state department or agency or foster parent, shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (c) Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information under this article shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry, except as authorized in this article, shall be guilty of a misdemeanor. 49-5-187. The division and employees thereof providing information from the child abuse registry FRIDAY, MARCH 13, 2015 1273 as authorized by this article and any person who uses such information from the child abuse registry as authorized by this article shall have no civil or criminal liability therefor." SECTION 8. Said title is further amended by repealing and reserving Code Section 49-2-16, relating to the Council for Welfare Administration. SECTION 9. Code Section 15-11-215 of the Official Code of Georgia Annotated, relating to notice of change in placement hearings, is amended by adding a new subsection to read as follows: "(g) A placement change shall not include a temporary absence from the child's identified and ongoing foster care placement, including, but not limited to, visitation with a friend, sibling, relative, or other caretaker, including a pre-placement visit to a possible foster or adoptive placement; hospitalization for medical, acute psychiatric episodes or diagnosis; respite care when the child is expected to return to his or her foster care placement; day or overnight camp; temporary travel with the foster family or child care institution personnel, church, school, or other persons or groups approved by the Division of Family and Children Services; trail home visits with the court's permission, if required by subsection (b) of Code Section 15-11-212; and runaway episodes." SECTION 10. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by adding a new subsection to read as follows: "(f) The Department of Human Services or the Division of Family and Children Services of the Department of Human Services may enter into contracts for the purchase of or may purchase placements for children in the care or custody of the Division of Family and Children Services of the Department of Human Services, without competitive bidding." 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: 1274 JOURNAL OF THE SENATE Y Albers E Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport E Dugan N Fort E Ginn E Gooch Y Harbin 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 E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone N Tate Y Thompson, B E Thompson, C E Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 41, nays 3. SB 138, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 6th was excused for business outside the Senate Chamber. SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; 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: FRIDAY, MARCH 13, 2015 1275 Y Albers E Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort E Ginn E Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Y Millar Miller Y Mullis On the passage of the bill, the yeas were 43, nays 0. Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T SB 194, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 138 and SB 194. Had I been present, I would have voted yes on both. /s/ P.K. Martin District 9 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: 1276 JOURNAL OF THE SENATE HB 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 474. By Representatives Kaiser of the 59th, Clark of the 101st, Dudgeon of the 25th, Mayo of the 84th and Coleman of the 97th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for enrollment priorities in charter schools for educationally disadvantaged students and military students; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 36. By Representatives Benton of the 31st and Quick of the 117th: A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes. HR 215. By Representative Ralston of the 7th: A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; and for other purposes. HR 519. By Representatives Roberts of the 155th, Houston of the 170th, Carter of the 175th, England of the 116th and LaRiccia of the 169th: A RESOLUTION recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes. Senator Ramsey, Sr. of the 43rd moved to suspend the Senate Rules in order to first read legislation and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: FRIDAY, MARCH 13, 2015 1277 SB 221. By Senators Ramsey, Sr. of the 43rd and Davenport of the 44th: A BILL to be entitled an Act to provide for the incorporation of the City of Greenhaven in DeKalb County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Stone of the 23rd The Calendar was resumed. SB 191. By Senators Tippins of the 37th, Jeffares of the 17th, Gooch of the 51st, McKoon of the 29th, Thompson of the 5th and others: 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 prohibit local governing authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Transportation offered the following substitute to SB 191: 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 prohibit local governing authorities from adopting or enforcing ordinances or resolutions setting forth marking requirements or standards; 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 adding a new Code section to read as follows: 1278 JOURNAL OF THE SENATE "25-9-11.1. No local governing authority shall adopt or enforce any ordinance or resolution setting forth requirements or standards as to white lining, marking, re-marking, or any other method of locating utility facilities or sewer laterals." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Ginn of the 47th and Unterman of the 45th offered the following amendment #1: Amend the Senate Committee on Transportation substitute to SB 191 (LC 36 2758S) by inserting "to provide for an exception;" after "standards;" on line 4. By inserting between "laterals" and the period on line 13 the following: , unless such ordinance or resolution is reported to the UPC On the adoption of the amendment, there was objection. On the adoption of the amendment, Senator Ginn of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert Y Crane Y Davenport E Dugan Fort Y Ginn E Gooch N Harbin Y Harbison Harper N Heath Y Henson N Hill, H N Hill, Jack E Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy Y Kirk N Ligon Y Lucas Y Martin N McKoon N Millar Y Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Sims E Stone Y Tate N Thompson, B E Thompson, C N Tippins E Tolleson Y Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 23, nays 23, and the Ginn, Unterman amendment #1 to the committee substitute was lost. FRIDAY, MARCH 13, 2015 1279 The President resumed the Chair. Senator Unterman of the 45th moved that the Senate reconsider its action in defeating the Ginn, Unterman amendment #1. On the motion, a roll call was taken, and the vote was as follows: Y Albers N Beach N Bethel Y Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Fort Y Ginn E Gooch N Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H N Hill, Jack E Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares Y Jones, B Y Jones, E Y Jones, H N Kennedy Y Kirk N Ligon Y Lucas Y Martin N McKoon N Millar Y Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett N Seay N Shafer Sims E Stone Y Tate N Thompson, B E Thompson, C N Tippins Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M N Williams, T On the motion, the yeas were 28 nays 22 the motion prevailed, and the motion for reconsideration was adopted. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert Y Crane Y Davenport N Dugan N Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims E Stone Y Tate N Thompson, B 1280 JOURNAL OF THE SENATE Y Fort Y Ginn E Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Kennedy Y Kirk N Ligon Y Lucas Y Martin N McKoon N Millar Y Miller N Mullis E Thompson, C N Tippins Y Tolleson Y Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 26, nays 26, and the Ginn, Unterman amendment #1 to the committee substitute was lost. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort N Ginn E Gooch Y Harbin N Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler N Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy N Kirk Y Ligon N Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent N Ramsey N Rhett N Seay Y Shafer Sims E Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson N Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the substitute, the yeas were 33, nays 18, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of 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 13, 2015 1281 N Albers Y Beach Y Bethel Y Black N Burke Y Butler Y Cowsert N Crane N Davenport Y Dugan N Fort N Ginn Y Gooch Y Harbin N Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B Jackson, L N James Y Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy N Kirk Y Ligon N Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent N Ramsey N Rhett N Seay Y Shafer Sims E Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson N Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 34, nays 18. SB 191, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 370. By Representatives Fleming of the 121st, Wilkerson of the 38th, Fludd of the 64th, England of the 116th, Powell of the 32nd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1282 JOURNAL OF THE SENATE HB 418. By Representatives Reeves of the 34th, Tanner of the 9th, Efstration of the 104th, Ramsey of the 72nd and Strickland of the 111th: A BILL to be entitled an Act to amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 535. By Representatives Harrell of the 106th, Powell of the 32nd, Kaiser of the 59th, Frye of the 118th, Peake of the 141st and others: 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 that governing authorities of counties and municipalities in which the sale of alcoholic beverages for consumption on the premises is lawful may authorize sales of such alcoholic beverages during a certain time on Sundays; to change the time on Sunday during which farm wineries may sell certain wine for consumption on the premises; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 565. By Representatives Cheokas of the 138th, Williams of the 119th and Dunahoo of the 30th: A BILL to be entitled an Act to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Tobacco Community Development Board, so as to eliminate the Georgia Tobacco Community Development Board Overview Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 33-23; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Public Safety offered the following substitute to SB 160: FRIDAY, MARCH 13, 2015 1283 A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 3-3-23; to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to revise procedures for arrest by citation; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, is amended by revising subsections (d) and (e) of Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, as follows: "(d)(1) Unless the officer has reasonable cause to believe such person is intoxicated, Except as provided for in paragraph (2) of this subsection, a law enforcement officer may shall arrest by issuance of a citation, summons, or accusation a pursuant to Code Section 17-4-23, any person accused of violating any provision of Code Section 3-323. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge of his or her failure to appear as required. Nothing in this subsection paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-3-23. Nothing in this paragraph shall be construed to restrict the discretion of the prosecuting attorney to use a uniform traffic citation as the formal charging document. (2) If the arresting officer provided for in paragraph (1) of this subsection has probable cause to believe that a person accused of violating any provision of Code Section 3-3-23 is intoxicated to the extent that he or she poses a danger to himself or herself or to the person or property of another, the arresting officer may effect a custodial arrest of such person in addition to the issuance of a citation, summons, or accusation. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. In all such cases provided for under 1284 JOURNAL OF THE SENATE this subsection, the provisions of Code Section 17-6-1 shall apply. Nothing in this paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-323. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under paragraph (1) of subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11." SECTION 2. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, is amended by revising subsection (a) of Code Section 17-4-23, relating to procedure for arrests by citation for motor vehicle violations, issuance of warrants for arrest for failure of persons charged to appear in court, and bond, as follows: "(a) A law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles or violating any provision of Code Section 3-3-23 by the issuance of a citation, provided that the offense is committed in his presence or information constituting a basis for arrest concerning the operation of a motor vehicle or a violation of any provision of Code Section 3-3-23 was received by the arresting officer from a law enforcement officer observing the offense being committed, except that, where the offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. The arresting officer shall issue to such person a citation which shall enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. Whenever an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard." 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. FRIDAY, MARCH 13, 2015 1285 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson E Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey N Rhett Y Seay Y Shafer Sims E Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 3. SB 160, having received the requisite constitutional majority, was passed by substitute. SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Regulated Industries and Utilities offered the following substitute to SB 190: 1286 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended in Code Section 50-27-70, relating to legislative findings and definitions, by adding a new paragraph to subsection (b) to read as follows: "(10.1) 'Master licensee' means any person that has lawfully applied for and received a master license." SECTION 2. Said article is further amended in Code Section 50-27-71, relating to license fees, issuance of license, display of license, control number, duplicate certificates, application for license or renewal, and penalty for noncompliance, by revising subsections (a) through (e) and (k) through (n) as follows: "(a) Every manufacturer, distributor, and owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers a bona fide coin operated amusement machine for sale to a distributor or to an owner and 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 requires a certificate for lawful operation under this 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 requires a certificate for lawful operation under this 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 FRIDAY, MARCH 13, 2015 1287 $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00; (3) For any distributor, the distributor shall pay a distributor license fee of $5,000.00; and (4) For any manufacturer, the manufacturer shall pay a manufacturer license fee of $5,000.00. The cost of the license shall be paid to the corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon such payment, the corporation shall issue a master license certificate to the owner. The master license fee fees levied by this Code section shall be collected by the corporation on an annual basis for the period from July 1 to June 30. The 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 manufacture, distribution, or operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every location owner or 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 corporation on an annual basis from July 1 to June 30. The location license fee shall be paid to the corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon payment, the 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 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 location owner or 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 1288 JOURNAL OF THE SENATE 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 location owner's or location operator's location license shall be prominently displayed at all locations where the owner and location owner or 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. A manufacturer's license and distributor's license shall be available for inspection at their places of business and upon request from the corporation. (c) Each manufacturer, distributor, and master license and each location license shall list the name and address of the manufacturer, distributor, owner, or location owner, or location operator, as applicable. (d) The corporation may provide a duplicate original master license certificate or location license certificate issued pursuant to this Code section if the original certificate license has been lost, stolen, or destroyed. The fee for a duplicate original certificate license is $100.00. If the original certificate license is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate license was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate license, if applicable, before a duplicate original certificate license can be issued. A certificate license for which a duplicate certificate license 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) Except as provided in paragraph (5) of this subsection, is Is nontransferable, nonassignable by and between owners or location owners and 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; and (5) As it relates to the holder of a master license, upon the sale of a master license holder's business in its entirety, the buyer shall pay to the corporation a transfer fee for the master license that accompanies the business in the following amounts: (A) For the first sale of a master license holder's business, a transfer fee for the master license in the amount of $10,000.00; (B) For the second sale of such business, a transfer fee for the master license in the amount of $25,000.00; (C) For the third sale of such business, a transfer fee for the master license in the FRIDAY, MARCH 13, 2015 1289 amount of $50,000.00; and (D) For the fourth sale of such business and each sale thereafter, a transfer fee for the master license in an amount to be established by the corporation, which transfer fee shall be not less than $50,000.00." "(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 manufacturer, distributor, or master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the manufacturer, distributor, master license, or location license owner shall obtain a new master license or the location owner or 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 manufacture, distribute, or 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 corporation prior to the expiration date of a problem with the renewal. (m) Holders of manufacturer, distributor, and location licenses and temporary location permits shall be subject to the same provisions of this 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." SECTION 3. Said article is further amended in Code Section 50-27-72, relating to refund of license, by revising subsection (a) as follows: "(a) No refund is allowed for a manufacturer, distributor, or master license except as follows: (1) The owner licensee makes a written request to the corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner licensee makes a written request prior to the issuance of the master license or registration certificate; (3) The owner licensee 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 corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied." SECTION 4. Said article is further amended by revising Code Section 50-27-73, relating to refusal to issue or renew license, revocation or suspension, and limitation on issuance of licenses, as follows: 1290 JOURNAL OF THE SENATE "50-27-73. (a) The corporation shall not renew a master, location owner, or location operator license for a business person under this article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The corporation shall not issue or renew a license for a business person under this article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain; provided, however, that this subsection shall not apply to manufacturers. (c) The corporation may refuse to issue or renew a manufacturer, distributor, or master license or may revoke or suspend a manufacturer, distributor, or 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, 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) A master licensee or applicant allows the use of its master license certificate or per machine permit stickers by any other business entity or person who that 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 corporation may fine the licensee as follows: (A) One thousand dollars for each improper use of a per machine permit sticker; and (B) Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the 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; (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this 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 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 FRIDAY, MARCH 13, 2015 1291 in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license. (e) Effective July 1, 2015, the The corporation shall not may issue any new up to 220 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 through a process of competitive auction to be established by the corporation and such competitive auction shall occur at least once every three years effective July 1, 2015; provided, however, that any person or entity holding a Class B master license on the effective date of this subsection shall not be subject to the competitive auction process provided for in this Code section but shall be subject to all other requirements of this article; provided, however, further, that the corporation shall be permitted to renew Class B master licenses at any time." SECTION 5. Said article is further amended in Code Section 50-27-84, relating to limitation on percent of monthly gross retail receipts derived from machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, by revising paragraph (3) of subsection (a) and paragraph (2) of subsection (b) as follows: "(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, or revenue derived from noncash redemption of winnings from Class B machines, or revenues that are due to a master licensee or the corporation. Revenue from the sale of goods and services at wholesale shall not be included." "(2) Except as authorized by a local ordinance, no No location owner or location operator shall offer more than nine Class B 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." SECTION 6. Said article is further amended in Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, by revising subsection (a) as follows: "(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 distributor or master licensee, the person shall not have had a 1292 JOURNAL OF THE SENATE 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. No person with or applying for a manufacturer license shall have an interest in a distributor, owner, location owner, or location operator in this state. No person applying for a distributor license shall have an interest in a manufacturer, owner, 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." SECTION 7. Said article is further amended in Code Section 50-27-87.1, relating to unfair methods of competition and unfair and deceptive acts, by revising paragraphs (3) and (4) as follows: "(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 manufacturer, distributor, or 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 A manufacturer, distributor, 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 A manufacturer, distributor, operator, master licensee, or individual who violates this subsection shall have all of his or her state business FRIDAY, MARCH 13, 2015 1293 licenses revoked for a period of one to five years per incident. The individual, manufacturer, distributor, owner, or master licensee also shall be fined up to $50,000.00 per incident." SECTION 8. Said article is further amended in Code Section 50-27-102, relating to role of the corporation, implementation and certification, and separation of funds and accounting, by adding a new subsection to read as follows: "(d)(1) As a condition of the license issued pursuant to this article, no master licensee or location owner or location operator shall replace or remove a bona fide coin operated amusement machine from a location until the master licensee and location owner or location operator certify to the corporation that there are no disputes regarding any agreement, distribution of funds, or other claim between the master licensee and location owner or location operator. If neither the master licensee nor location owner or location operator is unable to make the certification required by this Code section, the corporation shall refer the dispute to a hearing officer as set forth in this subsection. (2) All disputes subject to the provisions of this Code section shall be decided by a hearing officer approved or appointed by the corporation. The corporation shall adopt rules and regulations governing the selection of hearing officers after consultation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. Costs of the hearing officer's review, including any hearing set pursuant to this Code Section, shall be shared equally between the parties in the dispute; provided, however, that the corporation shall not be responsible for any of the costs associated with the dispute resolution mechanism set forth in this Code section. (3) The corporation shall also adopt rules governing the procedure, evidentiary matters, and any prehearing discovery applicable to disputes resolved pursuant to this Code section. Such rules shall be consistent with the Georgia Arbitration Act, and the corporation shall consult the Bona Fide Coin Operated Amusement Machine Operator Advisory Board regarding the selection or approval process of hearing officers and any procedures or rules adopted pursuant to this Code section. (4) If requested by the master licensee or the location owner or location operator, the hearing officer shall conduct a hearing as to the dispute, but in no case shall the hearing officer conduct a hearing more than 90 days after he or she has been appointed or selected to decide the dispute. (5) The decision of the hearing officer may be appealed to the chief executive officer or his or her designee. The chief executive officer shall not reverse a finding of fact of the hearing officer if any evidence supports the hearing officer's conclusion. The chief executive officer shall not reverse a conclusion of law of the hearing officer unless it was clearly erroneous, arbitrary, and capricious or exceeded the hearing officer's jurisdiction. The decision of the chief executive officer may be appealed in the same manner as set forth in Code Section 50-27-76." 1294 JOURNAL OF THE SENATE SECTION 9. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 47, nays 4. SB 190, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: FRIDAY, MARCH 13, 2015 1295 HB 152. HB 153. HB 180. HB 245. HB 531. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Kidd of the 145th, Epps of the 144th, Yates of the 73rd, Sharper of the 177th and Peake of the 141st: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans' Home, so as to revise residency requirements to qualify for admission to the War Veterans' Home; to repeal conflicting laws; and for other purposes. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change the amount permissible as a special assessment fee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Mabra of the 63rd, Fleming of the 121st, Willard of the 51st, Strickland of the 111th, Reeves of the 34th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercising personal jurisdiction over nonresidents; to change provisions relating to effect of appearance; to change provisions relating to venue; to 1296 JOURNAL OF THE SENATE amend Code Sections 19-13-2 and 34-1-7 of the Official Code of Georgia Annotated, relating to jurisdiction of superior court and application for temporary restraining order and injunction, respectively, so as to correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 36. By Senators Ligon, Jr. of the 3rd, Williams of the 19th, Watson of the 1st, Sims of the 12th and Jackson of the 2nd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to prohibit the injection of ground water into the Floridan aquifer in certain counties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Natural Resources and the Environment offered the following substitute to SB 36: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to require the promulgation of regulations by the Board of Natural Resources which provide for the protection of underground drinking water; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 13, 2015 1297 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, is amended by adding a new part to read as follows: "Part 1A 12-5-80. This part shall be known and may be cited as the 'Underground Water Supply Protection Act of 2015.' 12-5-81. The General Assembly finds that certain areas of this state are dependent on the productivity, integrity, and quality of aquifers underlying those areas for the purpose of providing a clean and reliable water supply. This water supply supports local economies and is superior to alternatives in terms of both cost and reliability. Landowners overlaying such aquifers have significant property interests in the preservation and protection of high-quality drinking water provided by these public resources. The process of storing surface water in these aquifers for later recovery for water supply or other uses and the process of moving water among aquifers for water supply or other uses, together known as aquifer storage and recovery, potentially pose significant threats to the reliability and physical integrity of these natural water supplies unless protective regulations are in place. 12-5-82. On or before July 1, 2016, the Board of Natural Resources shall adopt regulations that provide for the protection and preservation of aquifers that provide high-quality drinking water, including but not limited to the Floridan aquifer, and for the restoration and maintenance of all other aquifers wholly or partially within this state. Such regulations shall include restrictions or prohibitions on aquifer storage and recovery where necessary to preserve the physical and chemical integrity of aquifers." 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 Committee Sub SB 36 by striking at line 27 "aquifers that provide high-quality drinking"; and Striking at line 28 "water, including but not limited to" and "and for the restoration and"; and 1298 JOURNAL OF THE SENATE Striking at line 29 "maintenance of all other aquifers wholly or partially within this state."; and Striking at line 31 "aquifers." and inserting "the Floridan Aquifer." 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 Beach N Bethel Y Black N Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James N Jeffares Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 3. SB 36, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: FRIDAY, MARCH 13, 2015 1299 March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 36. Had I been present, I would have voted yes. /s/ Hunter Hill District 6 March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 36. Had I been present, I would have voted yes. /s/ Burt Jones District 25 SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Finance offered the following substitute to SB 82: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change, for a limited period of time, certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, is amended by revising subsection (m) and adding a new subsection to read as follows: "(m)(1) The alternative ad valorem tax imposed by this Code section shall be 1300 JOURNAL OF THE SENATE collected by the commissioner and shall be distributed annually from the separate, segregated fund not later than April August 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 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. (n)(1) The provisions of subsection (m) of this Code section shall be suspended for the 2015, 2016, 2017, 2018, and 2019 tax years, and the provisions of this subsection shall apply during such period. This subsection shall stand repealed on January 1, 2020. (2) 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 August 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. (3) Except as provided in paragraph (4) of this subsection, 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 qualified tax authority submitted to and approved by the commissioner. If such 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 qualified tax jurisdiction. (4)(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 FRIDAY, MARCH 13, 2015 1301 remaining proceeds of the alternative ad valorem tax shall be divided among each qualified tax jurisdiction of this state. Such qualified 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. The commissioner shall determine the amount of ad valorem tax on apportionable vehicles identified under subsections (a), (b), and (c) of this Code section that was received by each qualified tax jurisdiction for the 2013 tax year. Such amount shall represent the benchmark amount for such qualified tax jurisdiction: (i) For the 2015 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to such benchmark amount; (ii) For the 2016 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 80 percent of such benchmark amount; (iii) For the 2017 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 60 percent of such benchmark amount; (iv) For the 2018 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 40 percent of such benchmark amount; (v) For the 2019 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 20 percent of such benchmark amount; and (vi) For all tax years beginning on or after January 1, 2020, each qualified tax jurisdiction shall receive the amount of alternative ad valorem tax revenue determined pursuant to subsection (m) of this Code section. (C) In the event that the amount of ad valorem tax on apportionable vehicles collected in a tax year covered under this subsection is less than the benchmark amount, then the benchmark distribution of each qualified tax jurisdiction for such tax year shall be reduced proportionately to reflect the amount of such shortfall. In the event a qualified tax jurisdiction ceases to be a qualified tax jurisdiction, it shall not be entitled to receive a distribution of either the benchmark amount under this subparagraph or the remaining distribution amount under subparagraph (D) of this paragraph. (D) When a qualified tax jurisdiction has received an amount equal to the benchmark amount, any funds remaining with the commissioner shall be distributed in accordance with the formula contained in paragraph (3) of subsection (m) 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. 1302 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Heath Y 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 Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 4. SB 82, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local FRIDAY, MARCH 13, 2015 1303 elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Committee on Ethics offered the following substitute to SB 127: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for automatic repeal; 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. The General Assembly finds that: (1) The Department of Audits and Accounts performed a thorough review of the operations of the Georgia Government Transparency and Campaign Finance Commission and issued a report on October 15, 2014, entitled "Commission's Effectiveness Limited by Poor Management Controls" which found that the Georgia Government Transparency and Campaign Finance Commission's e-filing system incorrectly flagged individuals as late filers or as being in noncompliance when they had in fact submitted the required filings. Consequently, the Georgia Government Transparency and Campaign Finance Commission cannot rely on the system to determine the late fees owed or whether penalties should be imposed; (2) In such report, the State Auditor noted that "some aspects of the Act have not been implemented, and there is evidence of inconsistent treatment of late filings and complaint investigations, resulting in fines and fees being assessed or waived in an inequitable manner. Specifically, the Commission lacks formalized policies and procedures and a monitoring system"; (3) In such report, the State Auditor stated that Georgia Government Transparency and Campaign Finance Commission staff also noted that the e-filing system was not updated to reflect changes in the law which resulted in the fee system "incorrectly flagging some individuals who are no longer required to submit filings to the Commission as late or nonfilers" and assessing fees even when they were no longer required to file with the Georgia Government Transparency and Campaign Finance Commission; (4) Because the Georgia Government Transparency and Campaign Finance 1304 JOURNAL OF THE SENATE Commission's e-filing system serves as the basis for calculating and assessing late fees, individuals have been wrongfully identified as being in violation of the law, their reputations have been wrongfully tarnished, and they have been wrongfully assessed fees; (5) The civil penalty for a filing that was not filed by the due date was $125.00. For a filing that was not filed within 15 days of the due date, there was an additional $250.00 penalty. For a filing that was not filed within 45 days of the due date, there was an additional $1,000.00 penalty. In many cases, the fees assessed greatly exceeded the compensation that local officials receive for their service on a city council, county commission, or school board; (6) The law has now been changed to prevent this situation from continuing, but good people who have or would serve in a local elected office are discouraged from running and serving due to these systemic errors at the Georgia Government Transparency and Campaign Finance Commission; and (7) It is the desire of the General Assembly to assist these candidates to correct this problem by creating a rebuttable presumption that candidates for local office filed or attempted to file campaign and personal financial disclosure reports with the Georgia Government Transparency and Campaign Finance Commission and authorizing the Georgia Government Transparency and Campaign Finance Commission to waive late fees, fines, and civil penalties which were imposed on candidates for local government office for failure to file or incomplete filing of such reports during the time this system was in place and to refund late fees, fines, and civil penalties remitted by such candidates after January 1, 2014, for such alleged violations occurring before that date. However, as to candidates for local government office who are shown to have knowingly and willfully failed to make such filings, the Georgia Government Transparency and Campaign Finance Commission may pursue enforcement actions against such persons and sanction them accordingly. SECTION 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by adding a new Code section to read as follows: "21-5-7.2. (a) Upon written request of a candidate or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of campaign disclosure reports and personal financial disclosure reports. (b) For candidates who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver FRIDAY, MARCH 13, 2015 1305 under division (b)(14)(C)(i) of Code Section 21-5-6, and, if granted, the commission shall refund such late fees, fines, and civil penalties to the candidate subject to appropriations for such purpose. (c) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that all candidates for a public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but were unable to do so as a result of the problems with the commission's computer system during such time period. Such rebuttable presumption shall be overcome by proof by a preponderance of the evidence that such candidate failed to file the required report during such period. (d) The commission shall approve or deny each request for waiver or commence further proceedings under Code Section 21-5-7 within 12 months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the commission as provided by division (b)(14)(C)(i) of Code Section 21-5-6. (e) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section discovers evidence that the person to whom such waiver was granted was guilty of knowingly and willfully refusing to file the report or reports for which such waiver was granted, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such further actions as the commission is authorized to do as if such waiver had never been granted. (f) If the commission grants a waiver under this Code section and, at the end of the two-year period following the effective date of this Code section, the commission has taken no further action with regard to such waiver, then the commission shall expunge from the commission's records all of the alleged violations which were the basis for such late fees, fines, and penalties associated with such waiver for such person for whom such waiver was granted. (g) This Code section shall be repealed by operation of law on January 31, 2019." 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. 1306 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 4. SB 127, having received the requisite constitutional majority, was passed by substitute. SB 126. By Senators 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 Official Code of Georgia Annotated, relating to pharmacists and pharmacies; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 126: FRIDAY, MARCH 13, 2015 1307 A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for expansion of certain medical professionals to prescribe auto-injectable epinephrine to an authorized entity and for other emergency purposes; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to provide for expansion of treatment for allergy reactions; to authorize certain health care practitioners to prescribe auto-injectable epinephrine; to authorize certain individuals to administer auto-injectable epinephrine under certain circumstances; to provide immunity from liability; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, as follows: "26-4-116.1. (a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant. (b) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) of this Code section A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 312A-18. (c) A medical professional, as defined in Code Section 43-34-26.2, may prescribe autoinjectable epinephrine to an entity described in Code Section 31-2A-18. A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a), (b), or (c) of this Code section." 1308 JOURNAL OF THE SENATE SECTION 2. Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new Code section to read as follows: "31-2A-18. (a) As used in this Code section, the term: (1) 'Administer' means the direct application of auto-injectable epinephrine to the body of an individual. (2) 'Authorized entity' means any entity or organization, other than a school described in Code Section 20-2-776.2, in connection with or at which allergens capable of causing anaphylaxis may be present, as identified by the State Board of Pharmacy. The State Board of Pharmacy shall, through rule or other guidance, identify the types of entities and organizations that are considered authorized entities no later than January 1, 2016, and shall review and update such rule or guidance at least annually thereafter. (3) 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (4) 'Health care practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103. (5) 'Provide' means the supply of one or more auto-injectable epinephrine to an individual. (b) A health care practitioner may prescribe auto-injectable epinephrine in the name of an authorized entity for use in accordance with this Code section, and pharmacists and health care practitioners may dispense auto-injectable epinephrine pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this Code section shall be valid for two years. (c) An authorized entity may acquire and stock a supply of auto-injectable epinephrine pursuant to a prescription issued in accordance with this Code section. Such autoinjectable epinephrine shall be stored in a location readily accessible in an emergency and in accordance with the auto-injectable epinephrine's instructions for use and any additional requirements that may be established by the State Board of Pharmacy. An authorized entity shall designate employees or agents who have completed the training required by subsection (e) of this Code section to be responsible for the storage, maintenance, control, and general oversight of auto-injectable epinephrine acquired by the authorized entity. (d) An employee or agent of an authorized entity, or any other individual, who has completed the training required by subsection (e) of this Code section may use autoinjectable epinephrine prescribed pursuant to subsection (b) of this Code section to: (1) Provide auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of such individual, for immediate administration, regardless of FRIDAY, MARCH 13, 2015 1309 whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and (2) Administer auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy. (e) An employee, agent, or other individual described in subsection (c) or (d) of this Code section must complete an anaphylaxis training program and repeat such training at least every two years following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the State Board of Pharmacy. The State Board of Pharmacy may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. Training may be conducted online or in person and, at a minimum, shall cover: (1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; (2) Standards and procedures for the storage and administration of auto-injectable epinephrine; and (3) Emergency follow-up procedures. The entity that conducts the training shall issue a certificate, on a form developed or approved by the State Board of Pharmacy, to each individual who successfully completes the anaphylaxis training program. (f) An authorized entity that possesses and makes available auto-injectable epinephrine and its employees, agents, and other individuals; a health care practitioner that prescribes or dispenses auto-injectable epinephrine to an authorized entity; a pharmacist or health care practitioner that dispenses auto-injectable epinephrine to an authorized entity; and an individual or entity that conducts the training described in subsection (d) of this Code section shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this Code section; provided, however, that this immunity does not apply to acts or omissions constituting willful or wanton misconduct. The administration of auto-injectable epinephrine in accordance with this Code section is not the practice of medicine or any other profession that otherwise requires licensure. This Code section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under Code Section 51-1-29. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of autoinjectable epinephrine outside of this state if the entity: (1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or (2) Is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred. (g) An authorized entity that possesses and makes available auto-injectable epinephrine 1310 JOURNAL OF THE SENATE shall submit to the State Board of Pharmacy, on a form developed by the State Board of Pharmacy, a report of each incident on the authorized entity's premises that involves the administration of auto-injectable epinephrine pursuant to subsection (d) of this Code section. The State Board of Pharmacy shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection." SECTION 3. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, is amended by adding a new Code section to read as follows: "43-34-26.2. (a) As used in this Code section, the term: (1) 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (2) 'Emergency Public Access Station' or 'EPAS' means a locked, secure container for the storage of auto-injectable epinephrine which: (A) Allows a lay rescuer to consult with a medical professional in real time by audio, video, or other similar means of electronic communication; (B) Upon authorization of the consulting medical professional, may be unlocked to make available the auto-injectable epinephrine; (C) Has received any approval required under Title 21 of the United States Code from the United States Food and Drug Administration; and (D) Is maintained under the general oversight of a medical professional. (3) 'Medical professional' means any physician or other person authorized under this title to treat, use, or prescribe medicine and drugs in this state or the state in which such physician or other person is located. (b) A medical professional may prescribe a stock supply of auto-injectable epinephrine to any entity or organization for storage in an Emergency Public Access Station or may place a stock supply of auto-injectable epinephrine at any entity or organization in an EPAS in accordance with protocols established by the medical professional and approved by the State Board of Pharmacy. (c) A medical professional may provide consultation to the user of an EPAS and may make the auto-injectable epinephrine stored in the EPAS available to the user in accordance with protocols established by the medical professional and approved by the State Board of Pharmacy. (d) Any person may use an EPAS and may administer or provide auto-injectable epinephrine made available through the EPAS to a specific individual believed in good faith to be experiencing anaphylaxis or to the parent, guardian, or caregiver of such individual. (e) Any person, including any entity or organization at which an EPAS is located, a medical professional, and any user of an EPAS who undertakes in good faith any act or omission pursuant to this Code section shall not be liable for any injuries or related damages that result from any such act or omission; provided, however, that this FRIDAY, MARCH 13, 2015 1311 immunity does not apply to acts or omissions constituting willful or wanton misconduct. This Code section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under Code Section 51-1-29. Use of an EPAS in accordance with this Code section is not the practice of medicine or any other profession that otherwise requires licensure." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. SB 126, having received the requisite constitutional majority, was passed by substitute. 1312 JOURNAL OF THE SENATE SB 91. By Senators Harper of the 7th, Ginn of the 47th, Hill of the 6th, Jones of the 25th, Mullis of the 53rd 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 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 school buildings and school grounds if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Heath of the 31st asked unanimous consent that he be excused from voting on SB 91 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Heath was excused. Senator Jones of the 25th asked unanimous consent that he be excused from voting on SB 91 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused. Senators Henson of the 41st, Davenport of the 44th and Seay of the 34th offered the following amendment #1: Amend SB 91 (LC 36 2653) by inserting after "authority;" on line 6 the following: to change a definition; By deleting lines 25 and 26 and inserting in lieu thereof the following: term 'grocery store' means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent of its total retail floor space is reserved for the sale of food and other nonalcoholic items, On the adoption of the amendment, the President asked unanimous consent. Senator Harper of the 7th objected. On the adoption of the amendment, the yeas were 21, nays 23, 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: FRIDAY, MARCH 13, 2015 1313 Y Albers Y Beach Y Bethel Y Black Y Burke N Butler N Cowsert N Crane N Davenport N Dugan N Fort Y Ginn N Gooch N Harbin N Harbison Y Harper E Heath N Henson Y Hill, H Hill, Jack N Hill, Judson Y Hufstetler N Jackson, B N Jackson, L N James Y Jeffares E Jones, B Jones, E N Jones, H Y Kennedy N Kirk N Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay N Shafer N Sims Y Stone N Tate N Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Williams, M Williams, T On the passage of the bill, the yeas were 22, nays 27. SB 91, having failed to receive the requisite constitutional majority, was lost. The following communication was received by the Secretary: March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 91. Had I been present, I would have voted yes. /s/ Michael Williams District 27 SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. 1314 JOURNAL OF THE SENATE The Senate Committee on Transportation offered the following substitute to SB 169: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to provide for the determination of market value of property acquired by the department; to provide for the procedure for the sale of property when the right of acquisition is not exercised; to provide for the implementation of the federal Public Transportation Safety Program; to provide for the reconstruction and relocation of outdoor advertising signs located upon property that has been acquired for public road purposes; to provide for standards for relocating such signs; to provide for standards of compensation by the Department of Transportation and local governments in instances when an outdoor advertising sign is located upon land acquired for public purposes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows: "32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements: (1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intrastate and interstate; or (4) Serves as part of the principal collector network for the state-wide and interstate arterial public road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way." FRIDAY, MARCH 13, 2015 1315 SECTION 2. Said title is further amended by revising Code Section 32-5-2, relating to the appropriation of funds to the Department of Transportation, as follows: "32-5-2. All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department." SECTION 3. Said title is further amended by revising Code Section 32-7-4, relating to procedure for the disposition of property by the Department of Transportation, as follows: "32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate available public records, the address of any interested party cannot be found, an affidavit stating such a record of the facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit documenting the search, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed 1316 JOURNAL OF THE SENATE in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 $75,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 30 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All FRIDAY, MARCH 13, 2015 1317 sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting and that shall be open to the public at which meeting, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order approval of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller." SECTION 4. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by revising 1318 JOURNAL OF THE SENATE subsection (a) and adding new subsections to read as follows: "(a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, the federal Public Transportation Safety Program, 49 U.S.C. Section 5329, referred to in this Code section as the act." "(g) Nothing in this Code section is intended to conflict with any provision of federal law; and, in case of such conflict, such portion of this Code section as may be in conflict with such federal law is declared of no effect to the extent of the conflict. (h) The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and meet any contingencies not provided for in this Code section, abiding at all times by a fundamental purpose to perform all acts which are necessary, proper, or incidental to the efficient and safe operation and development of the department and the state highway system and of other modes and systems of transportation." SECTION 5. Said title is further amended by adding a new Code section to read as follows: "32-3-3.1. (a) When rights of way or real property or interests therein are acquired by a state agency, county, or municipality for public road purposes and an outdoor advertising sign permitted by the state in accordance with Part 2 of Article 3 of Chapter 6 of this title and a local county or municipal ordinance, which has not lapsed and is in good standing, is located upon such property, the outdoor advertising sign may be relocated or reconstructed and relocated through agreement of the owner of the property and owner of the outdoor advertising sign, if such owners do not refer to the same person, so long as the new location: (1) Is within 250 feet of its original location, provided that the new location meets the requirements for an outdoor advertising sign provided in Part 2 of Article 3 of Chapter 6 of this title; (2) Is available to the owner of the outdoor advertising sign and is comparable to the original location, as agreed upon by the owner of the outdoor advertising sign and the department; (3) Does not result in a violation of federal or state law; and (4) Is within zoned commercial or industrial areas or unzoned commercial or industrial areas as defined in Code Section 32-6-71. (b) An outdoor advertising sign relocated as provided for in subsection (a) of this Code section may be adjusted in height or angle or both in order to restore the visibility of the sign to the same or a comparable visibility which existed prior to acquisition by a state agency, county, or municipality. (c) For any federal aid project or any project financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation of an outdoor advertising sign relocated as provided for in subsection (a) of this Code section shall be paid by the department. For any project not financed in whole or in part with federal FRIDAY, MARCH 13, 2015 1319 funds, the actual costs of relocation or reconstruction and relocation shall be paid by the owner of the outdoor advertising sign. (d) If no relocation site that meets the requirements of paragraphs (1) through (4) of subsection (a) of this Code section exists, just and adequate compensation shall be paid by the department to the owner of the outdoor advertising sign. (e) If a sign is eligible to be relocated as provided for in subsection (a) of this Code section but such new location would result in a conflict with local ordinances in the city or county of applicable jurisdiction and no variance or other exception is granted to allow relocation as requested by the owner of the outdoor advertising sign, just and adequate compensation shall be paid by the local governing authority to the owner of the outdoor advertising sign, which may include all interests of the owner of the outdoor advertising sign in and related to the property and the prospective and consequential damages as a result of the taking as provided for in this article. However, no compensation resulting from the denial of a variance or exception by a local governing authority for an outdoor advertising sign eligible for relocation under this Code section shall be paid either directly or indirectly by the department." SECTION 6. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-9-31, relating to the submission of accident reports to the Department of Driver Services and the Department of Transportation, as follows: "40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any such law enforcement agency may shall transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any The law enforcement agency that transmits the data by electronic means must shall transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term 'nonproprietary' shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation not more than 15 seven days following the end of the month in date which such report was prepared or received by such law enforcement agency. The Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section." 1320 JOURNAL OF THE SENATE SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Dugan of the 30th and Harper of the 7th offered the following amendment #1: Amend the Senate Transportation Committee substitute to SB 169 (LC 39 1006S) by replacing "shall" with "may" on line 232. On the adoption of the amendment, there were no objections, and the Gooch, et al. amendment #1 to the committee substitute was adopted. Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Dugan of the 30th and Harper of the 7th offered the following amendment #2: Amend the Senate Transportation Committee substitute to SB 169 (LC 39 1006S) by deleting line 196 and inserting in lieu thereof the following: agency, county, or municipality, provided that the height of such relocated sign shall not exceed the greater of the height of the existing sign or 75 feet, as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is greater. 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 28, nays 4, and the Gooch, et al. amendment #2 to the committee substitute was adopted. Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Dugan of the 30th and Harper of the 7th offered the following amendment #3: Amend the Senate Transportation Committee substitute to SB 169 (LC 39 1006S) by deleting lines 210 through 213 and inserting in lieu thereof the following: shall be paid by the local governing authority to the owner of the outdoor advertising sign. However, no compensation resulting from the denial of a On the adoption of the amendment, there were no objections, and the Gooch, et al. amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. FRIDAY, MARCH 13, 2015 1321 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach N Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon N Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 48, nays 6. SB 169, having received the requisite constitutional majority, was passed by substitute. SB 143. By Senators Hufstetler of the 52nd, Seay of the 34th, Albers of the 56th, Stone of the 23rd, Watson of the 1st and others: A BILLto 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 require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and certain hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; to provide for related matters; to repeal conflicting laws; and for other purposes. 1322 JOURNAL OF THE SENATE Senator Unterman of the 45th asked unanimous consent that she be excused from voting on SB 143 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Unterman was excused. The Senate Committee on Insurance and Labor offered the following substitute to SB 143: 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 require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and certain hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows: "33-24-59.18. (a) As used in this Code section, the term: (1) 'Health benefit policy' means a contract for health services issued, delivered, issued for delivery, executed, or renewed in this state. (2) 'Insurer' means an accident and sickness insurer authorized by this state to offer or provide health benefit policies. (3) 'Level 1 trauma center' means a facility designated by the Department of Public Health as a Level 1 trauma center. (4) 'Provider network' means health care providers and facilities that are part of an insurer's network of providers and facilities with which the insurer has negotiated discounts and that are listed in the health benefit policy's provider directory as network members. (5) 'State health benefit plan' means the state health benefit plan established under Article 1 of Chapter 18 of Title 45 or any other health benefit policy administered by or on behalf of this state. (b) Any insurer which provides a health benefit policy pursuant to the state health benefit plan shall for such policy include in its provider network all Level 1 trauma centers located in its defined service area unless the insurer has obtained the consent of FRIDAY, MARCH 13, 2015 1323 the Department of Community Health to exclude any Level 1 trauma center. (c) Any such insurer which does not comply with the provisions of subsection (b) of this Code section shall be prohibited from entering into a contract with the Department of Community Health or any other state entity to provide a health benefit policy or policies under the state health benefit plan." SECTION 2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 5 33-24-110. The intent of this article is to provide a mechanism to resolve contract disputes between insurers and hospitals with Level 1 trauma centers providing services under the state health benefit plan. 33-24-111. As used in this article, the term: (1) 'Arbitrator' means an arbitrator registered with the Georgia Commission on Dispute Resolution, the American Arbitration Association, or JAMS. (2) 'Health benefit policy' means a contract for health services issued, delivered, issued for delivery, executed, or renewed in this state. (3) 'Hospital' means a facility with a Level 1 trauma center as designated by the Department of Public Health. (4) 'Insurer' means an accident and sickness insurer authorized by this state to offer or provide health benefit policies. (5) 'Out of network' refers to health care items or services provided to an enrollee by providers who do not belong to the provider network under a health benefit policy plan. (6) 'State health benefit plan' means the state health benefit plan established under Article 1 of Chapter 18 of Title 45 or any other health benefit policy administered by or on behalf of this state. 33-24-112. In the event an insurer providing a health benefit policy pursuant to the state health benefit plan and a hospital cannot agree on the terms of a contract within 30 days before going out of network or any time after going out of network, either party may file an appeal to the Commissioner. 33-24-113. Within 14 days of receipt of an appeal, the Commissioner shall appoint an arbitration panel composed of three members. Each party shall designate one arbitrator, and those two arbitrators shall choose the third arbitrator. In the event that one party refuses to 1324 JOURNAL OF THE SENATE designate an arbitrator, the Commissioner shall appoint one arbitrator. The two arbitrators shall then choose the third arbitrator. No member of the arbitration panel shall be a party to the dispute. The division of fees and expenses for arbitration shall be determined by the arbitration panel and incorporated in the final decision of the panel. 33-24-114. (a) The arbitration panel shall meet as soon after appointment as practicable and shall receive evidence and argument from the insurer and the hospital. (b) The arbitration panel shall by majority vote render a decision which shall be binding on all parties to the dispute not later than the sixtieth day following such appointment. (c) The arbitration panel may make decisions affecting rates, contract terms, or any other matter in dispute. The decision may be binding for up to three years. (d) In the event the insurer and the hospital reach an agreement prior to the issuance of a decision by the arbitration panel, the agreement shall be entered into as the decision of the panel. 33-24-115. An insurer or a hospital may appeal the arbitration panel decision by filing an action in the Superior Court of Fulton County within ten days of receipt of the panel's written finding and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, any bias or misconduct of an arbitrator, or the panel's abuse of discretion." 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 Beach N Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone FRIDAY, MARCH 13, 2015 1325 Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson N Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas N Martin Y McKoon Y Millar Y Miller N Mullis Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 5. SB 143, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 221. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others: 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 that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. 1326 JOURNAL OF THE SENATE HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to define certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to in-person pharmacies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others: A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 537. By Representatives Rogers of the 29th, Hawkins of the 27th, Cooper of the 43rd and Hatchett of the 150th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator David Shafer, President Pro Tempore, assumed the Chair. FRIDAY, MARCH 13, 2015 1327 The following Senators were excused for business outside the Senate Chamber: Burke of the 11th Hufstetler of the 52nd McKoon of the 29th Gooch of the 51st Kennedy of the 18th Stone of the 23rd Hill of the 6th Martin of the 9th Wilkinson of the 50th The Calendar was resumed. SB 176. By Senators James of the 35th, Orrock of the 36th and Parent of the 42nd: 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 regarding elementary and secondary education, so as to require that youth athletes participating in gridiron football shall be equipped with and wear a helmet which has at least a four star rating on the Virginia Tech Helmet Ratings scale at the time of its use; to provide for an exception; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Education and Youth offered the following substitute to SB 176: 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 regarding elementary and secondary education, so as to strongly encourage that youth athletes participating in gridiron football to be equipped with and wear a helmet which has at least a four star rating on the Virginia Tech Helmet Ratings scale at the time of its use; to provide for an exception; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Deantre Gregory Turman Act." SECTION 2. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding elementary and secondary education, is amended in Code Section 20-2-324.1, relating to concussion management and return to play policies for youth athletes, by adding a new subsection to read as follows: 1328 JOURNAL OF THE SENATE "(f) Local boards of education, nonpublic elementary and secondary schools, governing bodies of charter schools, and public recreation facilities are strongly encouraged to provide a helmet designed for gridiron football which has at least a four star rating on the Virginia Tech Helmet Ratings scale to youth athletes participating in gridiron football at the time of such participation by such student. This subsection shall not be applicable to any participation in gridiron football which is played as a noncontact activity." 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 Beach Bethel Y Black E Burke Y Butler Y Cowsert Y Crane Y Davenport Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H E Kennedy Y Kirk Y Ligon Y Lucas E Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims E Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Unterman Y Watson E Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 1. SB 176, having received the requisite constitutional majority, was passed by substitute. FRIDAY, MARCH 13, 2015 1329 The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Tolleson of the 20th SB 141. By Senators Jones of the 10th, McKoon of the 29th, Seay of the 34th, Butler of the 55th, Sims of the 12th and others: A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 141: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, so as to limit the reporting of certain acts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings, is amended by revising subparagraph (N) of paragraph (13) as follows: "(N)(i) An act which constitutes a violation of Code Section 16-11-127.1 involving a: (I) Firearm, as defined in Code Section 16-11-131; (II) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (III) Weapon, as defined in Code Section 16-11-127.1, together with an assault; or (ii) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1; or" 1330 JOURNAL OF THE SENATE SECTION 2. Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, is amended by revising subsection (a) as follows: "(a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by Code Section 16-5-21 or 16-5-24, Chapter 6 of Title 16, and Code Section 16-11-127, 16-11-127.1, 16-11-132, or 16-13-30, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee; provided, however, that an act which is prohibited by Code Section 16-11-127.1 shall be reported only when it involves a: (1) Firearm, as defined in Code Section 16-11-131; (2) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (3) Weapon, as defined in Code Section 16-11-127.1, together with an assault." 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 Beach Y Bethel Y Black E Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Jones, H E Kennedy Y Kirk Y Ligon Lucas E Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims E Stone Y Tate Y Thompson, B E Thompson, C Y Tippins E Tolleson Y Unterman Y Watson E Wilkinson FRIDAY, MARCH 13, 2015 1331 Y Heath Y Henson E Hill, H Y Millar Y Miller E Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 42, nays 0. SB 141, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 13, 2015 Due to business outside the Senate Chamber, I missed the vote on SB 141. Had I been present, I would have voted yes. /s/ David E. Lucas District 26 Senator Sims of the 12th was excused for business outside the Senate Chamber. SB 109. By Senators Orrock of the 36th and Unterman of the 45th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Committee on Health and Human Services offered the following substitute to SB 109: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. 1332 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows: "31-1-14. (a) As used in this Code section, the term: (1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (2) 'Authorized person' shall have the same meaning as in Code Section 31-39-2. (3) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order regarding end of life care decisions, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (4) 'Health care facility' shall have the same meaning as in Code Section 31-32-2. (5) 'Health care provider' shall have the same meaning as in Code Section 31-32-2. (6) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a patient in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep the patient alive but cannot cure the patient and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a patient may direct the withholding or withdrawal of the provision of nourishment or hydration in a POLST form. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. (7) 'Physician Orders for Life-Sustaining Treatment form' or 'POLST form' means a form executed pursuant to this Code section which provides directions regarding the patient's end of life care. (8) 'Provision of nourishment or hydration' means the provision of nutrition or fluids by tube or other medical means. (9) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the patient is not aware of himself or herself or his or her environment and in which the patient is showing no behavioral response to his or her environment. (10) 'Terminal condition' means an incurable or irreversible condition which would result in the patient's death in a relatively short period of time. (b) The department shall develop and make available a Physician Orders for LifeSustaining Treatment form. Such form shall provide directions regarding the patient's end of life care and shall be voluntarily executed by either a patient who has decisionmaking capacity and an attending physician or the patient's authorized person and an attending physician; provided, however, that this shall not prevent a health care facility from imposing additional administrative or procedural requirements as directed by FRIDAY, MARCH 13, 2015 1333 federal law or regulations. A POLST form may be executed when a patient has a serious illness or condition and the attending physician's reasoned judgment is that the patient will die within the next 365 days. Such form, if signed by an authorized person, shall indicate the relationship of the authorized person to the patient pursuant to paragraph (3) of Code Section 31-39-2. (c)(1) A POLST form shall constitute a legally sufficient order. Such an order shall remain effective unless the order is revoked by the patient. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. Review of the POLST form is recommended at care transitions and such review should be specified on the form. A POLST form signed by the patient and attending physician and indicating 'allow natural death' or 'do not resuscitate' or the equivalent may be implemented without restriction. If the POLST form (i) is signed by the attending physician and an authorized person instead of the patient and (ii) indicates 'allow natural death' or 'do not resuscitate' or the equivalent, in compliance with subsection (c) of Code Section 31-39-4, the POLST form may be implemented or become effective when the patient is a candidate for nonresuscitation, and such consent shall be based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. A POLST form addressing interventions other than resuscitation and signed by the patient and attending physician may be implemented without restriction. If the POLST form is signed by an authorized person who is the health care agent named by the patient in an advance directive for health care and the attending physician, in compliance with paragraph (1) of subsection (e) of Code Section 31-32-7, all treatment indications on the POLST form may be implemented. If the POLST form is signed by an authorized person who is not the health care agent named by the patient in an advance directive for health care, treatment indications on the POLST form may be implemented or become effective only when the patient is in a terminal condition or a state of permanent unconsciousness. (2) A POLST form shall be portable with the patient across care settings and shall be valid in any health care facility in which the patient who is the subject of such form is being treated. A health care facility and a health care provider, in its discretion, may rely upon a POLST form as legally valid consent by the patient to the terms therein; provided, however, that this shall not prevent a health care facility from imposing additional requirements regarding a patient's end of life care decisions. (3) A copy of a POLST form shall be valid and have the same meaning and effect as the original document. (4) A physician orders for life-sustaining treatment form which was executed in another state, which is valid under the laws of such state and which is substantially similar to the Georgia POLST form, and contains signatures of (i) either the patient or an authorized person and (ii) the attending physician, shall be treated as a POLST form which complies with this Code section. 1334 JOURNAL OF THE SENATE (d)(1) Each health care provider, health care facility, and any other person who acts in good faith reliance on a POLST form shall be protected and released to the same extent as though such provider, facility, or other person had interacted directly with the patient as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of an authorized person and each such health care provider, health care facility, and any other person acting in good faith reliance on such POLST form: (A) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with a POLST form, even if death or injury to the patient ensues; (B) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with a POLST form, so long as such health care provider, health care facility, or person promptly informs the patient's authorized person of such health care provider's, health care facility's, or person's refusal or failure to comply with such POLST form. The authorized person shall then be responsible for arranging the patient's transfer to another health care provider or health care facility. A health care provider, health care facility, or person who is unwilling to comply with a POLST form shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (C) If the actions of a health care provider, health care facility, or person who fails to comply with a POLST form are substantially in accord with reasonable medical standards at the time of reference; and such provider, facility, or person cooperates in the transfer of the patient, then the health care provider, health care facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with such POLST form; (D) No authorized person who, in good faith, acts with due care for the benefit of the patient and in accordance with a POLST form, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; and (E) If a POLST form is revoked, a person shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such POLST form unless such person had actual knowledge of the revocation. (2) No person shall be civilly liable for failing or refusing in good faith to effectuate a POLST form regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (3) No physician or any person acting under a physician's direction and no health care facility or any agent or employee thereof who, acting in good faith in accordance with the requirements of this Code section, causes the withholding or withdrawal of lifesustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a patient or who otherwise participates in good faith therein shall be subject to any civil or criminal liability or guilty of unprofessional conduct therefor. (4) Any person who participates in the withholding or withdrawal of life-sustaining FRIDAY, MARCH 13, 2015 1335 procedures or the withholding or withdrawal of the provision of nourishment or hydration pursuant to a POLST form and who has actual knowledge that such POLST form has been properly revoked shall not have any civil or criminal immunity otherwise granted under this subsection for such conduct. (e) In the event there are any directions in a patient's previously executed living will, advance directive for health care, durable power of attorney for health care, do not resuscitate order, or other legally authorized instrument that conflict with the directions in a POLST form, the most recent instrument will take precedence to the extent of the conflict." SECTION 2. Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, is amended by revising subsections (a) and (c) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, as follows: "(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'do not attempt resuscitation,' 'DNAR,' 'no code,' 'allow natural death,' 'AND,' 'order to allow natural death,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order." "(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. Where such authorized person is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title or where a Physician Orders for Life-Sustaining Treatment form with a code status of 'do not resuscitate' or its equivalent has been executed in accordance with Code Section 31-1-14 by an authorized person who is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of 1336 JOURNAL OF THE SENATE this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 31-39-2." SECTION 3. Code Section 16-5-5 of the Official Code of Georgia Annotated, relating to assisted suicide and notification of licensing board regarding violations, is amended by revising paragraphs (3) and (4) of subsection (c) as follows: "(3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for LifeSustaining Treatment form pursuant to Code Section 31-1-14, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or" SECTION 4. Code Section 16-5-101 of the Official Code of Georgia Annotated, relating to neglect to a disabled adult, elder person, or resident, is amended by revising subsection (b) as follows: "(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, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith 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, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, 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 essential services or shelter to any person in the absence of another legal obligation to do so." SECTION 5. 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 subsections (k) and (l) as follows: "(k)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional FRIDAY, MARCH 13, 2015 1337 conduct solely for relying in good faith on any direction or decision by a temporary medical consent guardian, even if death or injury to the medical consent ward ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any direction or decision by a temporary medical consent guardian shall be protected and released to the same extent as though such person had interacted directly with the medical consent ward as a fully competent person. (2) No temporary medical consent guardian who, in good faith, acts with due care for the benefit of the medical consent ward, or who fails to act, shall be subject to civil or criminal liability for such action or inaction. (3) Any person who acts in good faith in accordance with a Physician Order for Lifesustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10. (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 or his or her authorized person as defined in Code Section 31-39-2 and a physician which provides directions regarding end of life care." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Ligon of the 3rd, Hill of the 32nd, McKoon of the 29th, Williams of the 19th, Harbin of the 16th and others offered the following amendment #1: Amend the Senate Committee on Health and Human Services substitute to SB 109 (LC 33 6092S) by striking the quotation mark at the end of line 141 and by inserting after line 141 the following: (f) Nothing in this Code section shall be construed to authorize any act prohibited by Code Section 16-5-5. Any health care provider, health care facility, or any other person who violates Code Section 16-5-5 shall not be entitled to any civil immunity provided pursuant to this Code section." On the adoption of the amendment, there were no objections, and the Ligon, Jr., 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: 1338 JOURNAL OF THE SENATE Y Albers Y Beach Y Bethel Y Black E Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H E Kennedy Y Kirk Y Ligon Y Lucas E Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) E Sims E Stone Y Tate Y Thompson, B E Thompson, C Y Tippins E Tolleson Y Unterman Y Watson E Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 44, nays 0. SB 109, having received the requisite constitutional majority, was passed by substitute. Senator Cowsert of the 46th moved that the Senate stand in recess until 12:00 midnight and then stand adjourned, pursuant to SR 167, until 10:00 a.m. Wednesday, March 18, 2015; the motion prevailed, and at 5:44 p.m. Senator David Shafer, President Pro Tempore, announced the Senate in recess. The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Brockway of the 102nd, Morris of the 156th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual FRIDAY, MARCH 13, 2015 1339 HB 84. HB 201. HB 209. abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Cheokas of the 138th, Meadows of the 5th, Duncan of the 26th and Smith of the 134th: 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 prohibit denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to the loss upon which the claim is based; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Parsons of the 44th, Drenner of the 85th, Hugley of the 136th and Houston of the 170th: A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to telephone system for the physically impaired, so as to change certain provisions relating to the establishment, administration, and operation of the state-wide dual party relay service and audible universal information access service; to change certain legislative findings and declarations; to eliminate the prohibition as to the distribution of telecommunications equipment under telecommunications equipment distribution program based on a certain income level; to provide that wireless devices and applications may be distributed as part of the telecommunications equipment distribution program; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes. 1340 JOURNAL OF THE SENATE HB 409. By Representatives Taylor of the 173rd, Sims of the 123rd, Harbin of the 122nd, Cooper of the 43rd, Carter of the 175th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 416. By Representatives Rogers of the 29th, Cooper of the 43rd, Rynders of the 152nd, Kidd of the 145th, Hatchett of the 150th 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 provide for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; 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 3. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into FRIDAY, MARCH 13, 2015 1341 HB 174. HB 230. HB 299. HB 393. or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hugley of the 136th, Abrams of the 89th, Allison of the 8th, Harbin of the 122nd, Mayo of the 84th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 28 and Code Section 35-3-37 of the O.C.G.A., relating to the Claims Advisory Board and review of individual's criminal history record information, definitions, privacy considerations, and inspections, respectively, so as to provide for compensation of persons wrongfully convicted and imprisoned; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others: A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the 1342 JOURNAL OF THE SENATE HB 401. HB 432. HB 475. HB 510. ownership, operation, or control of dealerships by manufacturers and franchisors; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Efstration of the 104th, Ballinger of the 23rd, Dempsey of the 13th and Broadrick of the 4th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning; to amend Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to restrictions on persons with criminal records with regard to child, family, or group-care facilities, so as to revise terminology; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards in buildings presenting special hazards to persons or property, so as to revise terminology; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others: 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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; 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 Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, FRIDAY, MARCH 13, 2015 1343 HB 547. HB 551. HB 567. HB 568. so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes. By Representatives Fleming of the 121st, Powell of the 171st and Willard of the 51st: A BILL to be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Brockway of the 102nd: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Ramsey of the 72nd, Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; to repeal conflicting laws; and for other purposes. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of 1344 JOURNAL OF THE SENATE paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. WEDNESDAY, MARCH 18, 2015 1345 Senate Chamber, Atlanta, Georgia Wednesday, March 18, 2015 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 220. By Senator Harbison of the 15th: A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 222. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4113), so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 223. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4113), so as to change the corporate limits of the city by annexing 1346 JOURNAL OF THE SENATE certain territory; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 224. By Senator Martin of the 9th: A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 507. By Senators Parent of the 42nd, Williams of the 27th, Black of the 8th, Millar of the 40th, Bethel of the 54th and others: A RESOLUTION creating the Joint Study Committee on Municipal Annexations and Incorporations; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). The following House legislation was read the first time and referred to committee: HB 3. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Brockway of the 102nd, Morris of the 156th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for WEDNESDAY, MARCH 18, 2015 1347 tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 21. By Representatives Carson of the 46th, Roberts of the 155th and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 32-9-9 of the Official Code of Georgia Annotated, relating to the creation of the transit authority by special legislation and the authority's attributes and powers, so as to repeal a population provision relative to creation of a transit authority within metropolitan areas; to provide for the establishment of intergovernmental agreements prior to the operation of service by a transit authority when it is being created in a geographical area where a transit service is already provided by an authority or county government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 48. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 84. By Representatives Cheokas of the 138th, Meadows of the 5th, Duncan of the 26th and Smith of the 134th: 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 prohibit denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to the loss upon which the claim is based; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. 1348 JOURNAL OF THE SENATE HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th: A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 152. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, MARCH 18, 2015 1349 HB 174. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 180. By Representatives Kidd of the 145th, Epps of the 144th, Yates of the 73rd, Sharper of the 177th and Peake of the 141st: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans' Home, so as to revise residency requirements to qualify for admission to the War Veterans' Home; to repeal conflicting laws; and for other purposes. Referred to the Committee on Veterans, Military and Homeland Security. HB 201. By Representatives Parsons of the 44th, Drenner of the 85th, Hugley of the 136th and Houston of the 170th: A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to telephone system for the physically impaired, so as to change certain provisions relating to the establishment, administration, and operation of the state-wide dual party relay service and audible universal information access service; to change certain legislative findings and declarations; to eliminate the prohibition as to the distribution of telecommunications equipment under telecommunications equipment distribution program based on a certain income level; to provide that wireless devices and applications may be distributed as part of the telecommunications equipment distribution program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs 1350 JOURNAL OF THE SENATE Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 221. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 230. By Representatives Hugley of the 136th, Abrams of the 89th, Allison of the 8th, Harbin of the 122nd, Mayo of the 84th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 28 and Code Section 35-3-37 of the O.C.G.A., relating to the Claims Advisory Board and review of individual's criminal history record information, definitions, privacy considerations, and inspections, respectively, so as to provide for compensation of persons wrongfully convicted and imprisoned; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 245. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change the amount permissible as a special assessment fee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 268. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is WEDNESDAY, MARCH 18, 2015 1351 mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 297. By Representatives Beskin of the 54th, Nix of the 69th, Geisinger of the 48th, Dudgeon of the 25th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 43-1-2 of the Official Code of Georgia Annotated, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, so as to provide for professional licensing boards to make designations for the receipt and processing of applications for examination; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 299. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banking and Financial Institutions. HB 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd 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 foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 1352 JOURNAL OF THE SENATE HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others: A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 343. By Representatives Caldwell of the 131st and Knight of the 130th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 13, 2012 (Ga. L. 2012, p. 4416), so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 369. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 370. By Representatives Fleming of the 121st, Wilkerson of the 38th, Fludd of the 64th, England of the 116th, Powell of the 32nd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local WEDNESDAY, MARCH 18, 2015 1353 elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 375. By Representatives Powell of the 171st, Fleming of the 121st, Hightower of the 68th, Hitchens of the 161st, Powell of the 32nd and others: A BILL to be entitled an Act to amend Code Section 40-6-15 of the Official Code of Georgia Annotated, relating to knowingly driving a motor vehicle with a suspended, canceled, or revoked vehicle registration, so as to change provisions relating to a plea of nolo contendre; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 393. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others: A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 401. By Representatives Efstration of the 104th, Ballinger of the 23rd, Dempsey of the 13th and Broadrick of the 4th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning; to amend Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to restrictions on persons with criminal records with regard to child, family, or group-care facilities, so as to revise terminology; to amend Code Section 25-213 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards in buildings presenting special hazards to persons or property, so as to revise terminology; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. 1354 JOURNAL OF THE SENATE HB 409. By Representatives Taylor of the 173rd, Sims of the 123rd, Harbin of the 122nd, Cooper of the 43rd, Carter of the 175th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 416. By Representatives Rogers of the 29th, Cooper of the 43rd, Rynders of the 152nd, Kidd of the 145th, Hatchett of the 150th 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 provide for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 418. By Representatives Reeves of the 34th, Tanner of the 9th, Efstration of the 104th, Ramsey of the 72nd and Strickland of the 111th: A BILL to be entitled an Act to amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 426. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd 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 provide a new exemption from state sales and use tax only for a limited WEDNESDAY, MARCH 18, 2015 1355 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others: 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 that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. 1356 JOURNAL OF THE SENATE HB 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th and others: 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the armed forces of the United States; to provide for definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Veterans, Military and Homeland Security. HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to define certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to in-person pharmacies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. WEDNESDAY, MARCH 18, 2015 1357 HB 474. By Representatives Kaiser of the 59th, Clark of the 101st, Dudgeon of the 25th, Mayo of the 84th and Coleman of the 97th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for enrollment priorities in charter schools for educationally disadvantaged students and military students; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education and Youth. HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others: 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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources and the Environment. HB 476. By Representatives Fludd of the 64th, Bruce of the 61st, Mabra of the 63rd, Kaiser of the 59th, Thomas of the 56th and others: A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 496. By Representatives Hatchett of the 150th, Peake of the 141st, Williams of the 119th, Roberts of the 155th, England of the 116th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that use of certain property for collection and conversion of solar energy shall not constitute a breach of 1358 JOURNAL OF THE SENATE conservation use covenants; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others: A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. HB 510. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development and Tourism. HB 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 531. By Representatives Mabra of the 63rd, Fleming of the 121st, Willard of the 51st, Strickland of the 111th, Reeves of the 34th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercising WEDNESDAY, MARCH 18, 2015 1359 personal jurisdiction over nonresidents; to change provisions relating to effect of appearance; to change provisions relating to venue; to amend Code Sections 19-13-2 and 34-1-7 of the Official Code of Georgia Annotated, relating to jurisdiction of superior court and application for temporary restraining order and injunction, respectively, so as to correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 535. By Representatives Harrell of the 106th, Powell of the 32nd, Kaiser of the 59th, Frye of the 118th, Peake of the 141st and others: 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 that governing authorities of counties and municipalities in which the sale of alcoholic beverages for consumption on the premises is lawful may authorize sales of such alcoholic beverages during a certain time on Sundays; to change the time on Sunday during which farm wineries may sell certain wine for consumption on the premises; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. HB 537. By Representatives Rogers of the 29th, Hawkins of the 27th, Cooper of the 43rd and Hatchett of the 150th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 547. By Representatives Fleming of the 121st, Powell of the 171st and Willard of the 51st: A BILL to be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change 1360 JOURNAL OF THE SENATE provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 551. By Representative Brockway of the 102nd: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. HB 565. By Representatives Cheokas of the 138th, Williams of the 119th and Dunahoo of the 30th: A BILL to be entitled an Act to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Tobacco Community Development Board, so as to eliminate the Georgia Tobacco Community Development WEDNESDAY, MARCH 18, 2015 1361 Board Overview Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Government Oversight. HB 567. By Representatives Dempsey of the 13th, Ramsey of the 72nd, Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 568. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 36. By Representatives Benton of the 31st and Quick of the 117th: A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 215. By Representative Ralston of the 7th: A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. 1362 JOURNAL OF THE SENATE HR 519. By Representatives Roberts of the 155th, Houston of the 170th, Carter of the 175th, England of the 116th and LaRiccia of the 169th: A RESOLUTION recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes. Referred to the Committee on State Institutions and Property. The following committee reports were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 76 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Committee on State and Local Governmental Operations 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 HB 523 HB 545 HB 550 SB 212 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 517 HB 533 HB 546 SB 211 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 170 Do Pass by substitute Respectfully submitted, Senator Williams of the 19th District, Chairman WEDNESDAY, MARCH 18, 2015 1363 The following legislation was read the second time: HB 18 HB 57 HB 184 HB 227 HB 246 Senator Fort of the 39th asked unanimous consent that Senator Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. was excused. Senator Harbison of the 15th 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: Hill of the 32nd Jackson of the 2nd The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Hill, H Hill, Jack Hufstetler Jackson, B James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Martin McKoon Millar Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Cowsert Jackson, L. (Excused) Ramsey, Sr. (Excused) Henson Lucas Thompson, C. (Excused) Hill, Judson (Excused) Miller The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Davenport of the 44th introduced the chaplain of the day, Reverend Norman Thomas, Jr. of Atlanta, Georgia, who offered scripture reading and prayer. 1364 JOURNAL OF THE SENATE Senator Fort of the 39th recognized Atlanta Metropolitan State College and recognizing March 18, 2015, as Atlanta Metropolitan State College Day at the capitol, commended by SR 189, adopted previously. President Dr. Gary A. McGaha addressed the Senate briefly. Senator Tolleson of the 20th recognized the Keep Georgia Beautiful Program and the 78 local Keep America Beautiful affiliates who organize hundreds of thousands of volunteers to improve communities state wide, commended by SR 399, adopted previously. Executive Director Sarah Visser addressed the Senate briefly. Senator Gooch of the 51st recognized the United States Air Force Academy Georgia Parents Club, commended by SR 409, adopted previously. Vice-President Jacque Bentley addressed the Senate briefly. Senator Harper of the 7th recognized March 18, 2015, as Law Enforcement Appreciation Day at the capitol and honored law enforcement officers in Georgia, commended by SR 454, adopted previously. The following resolution was read and adopted: SR 506. By Senators Fort of the 39th, Orrock of the 36th, Seay of the 34th and James of the 35th: A RESOLUTION commending the Ryan Cameron Foundation; and for other purposes. Senator Fort of the 39th spoke to the resolution and introduced Ryan Cameron who addressed the Senate briefly. Senator Tolleson of the 20th introduced the doctor of the day, Dr. K. Scott Malone. The following resolutions were read and adopted: SR 489. By Senator Miller of the 49th: A RESOLUTION commending Theodore N. "Ted" Oglesby; and for other purposes. SR 490. By Senator Hill of the 6th: A RESOLUTION commending J'Lyn Furby for educating the public on the dangers of obesity and recognizing August 1, 2015, as SoopaFitt Family Field Day; and for other purposes. WEDNESDAY, MARCH 18, 2015 1365 SR 491. By Senators Wilkinson of the 50th, Tippins of the 37th, Millar of the 40th and Sims of the 12th: A RESOLUTION recognizing October 5-9, 2015, as Georgia Pre-K Week; and for other purposes. SR 492. By Senators Hill of the 32nd, Gooch of the 51st, Watson of the 1st, Unterman of the 45th, McKoon of the 29th and others: A RESOLUTION recognizing September, 2015, as Childhood Cancer Awareness Month; and for other purposes. SR 493. By Senators Davenport of the 44th, Fort of the 39th, James of the 35th, Orrock of the 36th, Tate of the 38th and others: A RESOLUTION recognizing March 20, 2015, as Spelman College Day at the capitol; and for other purposes. SR 495. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Lillian Riley Barbour; and for other purposes. SR 497. By Senator Harbison of the 15th: A RESOLUTION commending the Unity With Pam Tutorial Broadcast program and its participants; and for other purposes. SR 498. By Senator Millar of the 40th: A RESOLUTION commending Glenn W. Johnson and recognizing him on his 90th birthday; and for other purposes. SR 499. By Senators Harper of the 7th and Williams of the 19th: A RESOLUTION commending the Annual FNB South Community Golf Classic Tournament; and for other purposes. SR 500. By Senators Cowsert of the 46th, Tippins of the 37th, Ginn of the 47th, Millar of the 40th, Wilkinson of the 50th and others: A RESOLUTION commending Philip D. Lanoue, Ph.D., National Superintendent of the Year; and for other purposes. 1366 JOURNAL OF THE SENATE SR 501. By Senator Beach of the 21st: A RESOLUTION commending Georgia linemen and recognizing April 18, 2015, as Georgia Lineman Appreciation Day at the state capitol; and for other purposes. SR 502. By Senators Watson of the 1st, Harbison of the 15th, Jackson of the 2nd, Dugan of the 30th and Hill of the 6th: A RESOLUTION recognizing and commending First Sergeant Robert Patrick Brady on the grand occasion of his retirement; and for other purposes SR 503. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Wesley Smith; and for other purposes. SR 504. By Senators Fort of the 39th and Tate of the 38th: A RESOLUTION honoring the life and memory of Patrick McLeod Meredith; and for other purposes. SR 505. By Senators Fort of the 39th, Tate of the 38th and Davenport of the 44th: A RESOLUTION congratulating Job Corps on their 50th anniversary; and for other purposes. SR 508. By Senators Shafer of the 48th, Henson of the 41st and Cowsert of the 46th: A RESOLUTION commending the 2015 Senate Aides and Senate Academic Aides for their exemplary service; and for other purposes. SR 509. By Senators Shafer of the 48th, Cowsert of the 46th, Gooch of the 51st, Sims of the 12th, Tate of the 38th and others: A RESOLUTION honoring the Georgia Chamber of Commerce in its 100th year; and for other purposes. SR 510. By Senator Millar of the 40th: A RESOLUTION recognizing and commending Ryan Carroll; and for other purposes. WEDNESDAY, MARCH 18, 2015 1367 SR 511. By Senator Shafer of the 48th: A RESOLUTION congratulating Dr. Charles S. Bullock, III, upon being named University Professor of the University of Georgia; and for other purposes. SR 512. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Robert Olen Hitchcox; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Millar of the 40th Unterman of the 45th 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 18, 2015 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 211 Stone of the 23rd MCDUFFIE COUNTY A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes. SB 212 Kirk of the 13th CHARTER FOR THE CITY OF LESLIE A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes. 1368 HB 254 HB 517 HB 523 HB 533 JOURNAL OF THE SENATE Harper of the 7th NEW CHARTER FOR THE CITY OF WAYCROSS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that court; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE Black of the 8th ECHOLS COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes. Harper of the 7th NEW CHARTER FOR THE CITY OF WAYCROSS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes. Sims of the 12th RANDOLPH COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 18, 2015 1369 HB 545 Kirk of the 13th "AN ACT TO INCORPORATE THE TOWN OF SUMNER" A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes. HB 546 Ligon, Jr. of the 3rd "AN ACT TO CREATE A BOARD OF ELECTIONS AND REGISTRATION FOR MCINTOSH COUNTY" A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; to repeal conflicting laws; and for other purposes. HB 550 Stone of the 23rd BURKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 254: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 254: A BILL TO BE ENTITLED AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved 1370 JOURNAL OF THE SENATE April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to change the term recorder to judge of municipal court of Waycross; to rename the police court as the municipal court and provide new provisions for the operation of that court; to change the name of the recorder to the judge of municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), is amended by revising paragraph (1) of subsection (d) of Section 15 as follows: "(1) To preside at meetings of the commission, and he shall have all the rights, powers, and duties and responsibilities as a commission member except that the mayor shall be entitled to vote on matters before the mayor and commission only where there is an equal division on the question, and then the mayor shall determine the matter by his vote. The mayor shall also be entitled to vote on the election of the following officers and employees of the commission: mayor pro tempore, city manager, city attorney, and judge of the municipal court." SECTION 2. Said Act is further amended by revising Section 59 as follows: "SECTION 59. Municipal court. (1) Creation. (A) There shall be a court to be known as the Municipal Court of the City of Waycross (hereinafter referred to as 'municipal court'), the same is hereby granted all such powers as are inherent in courts generally and as usually belong to municipal courts under the laws of this state, as well as those hereinafter more particularly set forth. (B) The municipal court shall be held at such place as the city commission shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. (2) Judge. (A) No person shall be eligible to serve as judge of municipal court unless such person shall be, at the time of qualification, at least 25 years of age, shall be a resident of the Waycross Judicial Circuit, and shall be a licensed, practicing attorney at law in good standing with the State Bar of Georgia. (B) Any person selected to be judge of said court shall preside over said court and WEDNESDAY, MARCH 18, 2015 1371 shall try and determine all cases therein, without a jury. Said person shall be clothed with all the powers as judge of said court as set forth in this charter, the ordinances of the City of Waycross, Georgia, and as provided by law. (C) Before entering upon his or her duties of office, said person shall take and subscribe to the following oath, which shall be entered upon the minutes of the commission, and said oath taken and subscribed shall comply with the requirements of Code Sections 45-3-1 through 45-3-10 of the O.C.G.A.: 'I solemnly swear (or affirm) that I will uprightly demean myself as Judge of the Municipal Court of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding Judge of said municipal court of said city, according to the best of my ability and understanding. I further swear (or affirm) that I am not the holder of any unaccounted for public money due to the State of Georgia, or any political subdivision or authority thereof, and am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which state by the laws of the State of Georgia I am prohibited from holding; and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I swear (or affirm) that I will uphold and support the Constitution of the United States, and the Charter and Ordinances of the City of Waycross, and the laws and Constitution of the State of Georgia, so help me God.' (D) The judge shall hold court at stated hours, Sundays excepted, or as often as the exigencies of business demand. In case the judge is absent from the city, sick, disqualified, or for other cause is unable to hold court, the judge pro tempore may preside and act as judge of said court in the place of said judge and, while so doing, shall be clothed with all the rights and powers of the judge of said court. (E) The judge of said court and the judge pro tempore of said court shall serve at the pleasure of the commission of the City of Waycross. (F) The judge of said court and the judge pro tempore shall be selected by the commission of the City of Waycross in the same manner as the city manager for a term of one year. (G) In case a vacancy shall occur in the office of the judge of municipal court, such vacancy shall be filled by the commission of the City of Waycross. (3) Jurisdiction, powers. (A) The municipal court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction, to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof. The judge or judge pro tempore of the municipal court shall have the power to impose fines and inflict punishments after conviction upon all violations of the laws and ordinances of said city by fine not to exceed $1,000.00, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, or by 1372 JOURNAL OF THE SENATE confinement not to exceed six months, either one or more or all, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or costs imposed by the municipal court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (B) The municipal court shall have jurisdiction to try and determine all misdemeanor traffic offenses as authorized by Code Sections 40-6-372 through 406-376 of the O.C.G.A., and such other offenses as authorized presently, or in the future, by state law. The municipal court may prescribe punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (C) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing; provided that such fines or imprisonment does not exceed the statutory limits as now exist or thereafter provided by law. (D) The municipal court shall have jurisdiction to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also, to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. (E) The municipal court shall have authority to recommend to the city commission for approval of a schedule of fees to defray the cost of operation. (F) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her surety, or sureties, with a rule nisi at least three days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Waycross, or the property so deposited shall have a lien against it for the value forfeited. (G) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (H) The municipal court shall have the authority to administer oaths and to perform all other acts necessary and proper for the conduct of court. (I) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by WEDNESDAY, MARCH 18, 2015 1373 state law. (J) The municipal court shall have the authority to punish those in its presence for contempt; provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal courts. (K) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Waycross granted by state laws generally to municipal courts, including the power to impose sentences for those offenses that carry a maximum penalty under state law of up to 12 months imprisonment, and particularly by such laws as authorize the abatement of nuisances. (L) The judge or judge pro tempore of the municipal court shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state. The judge or judge pro tempore are authorized and empowered to issue warrants for offenses committed within the jurisdiction of the City of Waycross for police purposes, against the penal laws of the state, this either before or after the hearing or trial of the charge in said municipal court, and consequently where, in the course of an investigation of a matter in said municipal court, it shall appear that the penal laws of the state have been violated, it shall be the duty of the judge or judge pro tempore to bind over the offender to the proper court having jurisdiction of such matter in said County of Ware; and to that end, the judge or judge pro tempore shall have the power and authority to commit such offender or offenders to the county jail of said county or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (4) Contempt. (A) The judge or judge pro tempore of the municipal court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of: (i) Misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice; (ii) Misbehavior of any of the officers of the court in their official transactions; or (iii) Disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court. (B) The judge or judge pro tempore of the municipal court shall have the power and authority to punish for contempt by fine not to exceed $1,000.00, or confinement not to exceed 20 days, either one or both, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or cost imposed by said judge or judge pro tempore, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. 1374 JOURNAL OF THE SENATE (5) Docket. There shall be kept one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by judge or judge pro tempore of said court, which respective entries shall be signed by the judge or judge pro tempore in such cases. (6) Summons and subpoenas. (A) The municipal court shall have the power to compel the attendance of persons charged with the violation of any ordinance or law within the jurisdiction of the municipal court, by summons, which summons shall be issued by the city clerk and bear testament in the name of the judge of municipal court, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise, said court shall have the power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly issued and served as are summons. (B) The municipal court shall have the power to punish any person disobeying such summons or subpoena as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the judge or judge pro tempore, which said attachment or warrant shall be executed by any member of the police force. (7) Trial. The cases before the municipal court shall be tried as speedily as possible. With due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of this state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge or judge pro tempore. (8) Bonds and forfeitures. (A) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of municipal court, and if such person shall fail to appear at the time appointed in said bond, then and in such event, said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said commission is hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited and collected in the superior courts of this state, and said municipal court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that superior courts grant such judgments. On the entering of such judgment, the city clerk shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgment, and in the form and WEDNESDAY, MARCH 18, 2015 1375 manner prescribed for executions issued by the city for taxes, and the city shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. (B) In any case where any person charged with an offense brought in the municipal court, or arrested for such offenses, has deposited a sum of money as a bond for his appearance in said municipal court, and similarly where some other party has deposited a sum of money for the appearance of such person in said municipal court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instantly by the judgment of the municipal court entered upon the municipal court docket and shall be paid over to the City of Waycross. (C) No resident of Ware County, Georgia, who is not a resident of the City of Waycross, Georgia, shall be prohibited from giving a property bond, solely on the basis of residency for the appearance in the municipal court of a person who is charged with an offense against the laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution, and judgment thereon shall be established by the code of the City of Waycross, Georgia, the ordinances and laws applicable to the City of Waycross, Georgia. (D) If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the municipal court, and if such person shall fail to appear at the time appointed in said bond, then in such event, said bond shall be forfeited and the amount of same collected from the principal and his sureties as established by the ordinances and laws of the City of Waycross, Georgia, and general laws of the State of Georgia applicable to said court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time thereafter, shall apply to persons and bonds which are given by Ware County residents who are non-residents of the City of Waycross. (9) Costs. Said commission shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said municipal court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. (10) Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said municipal court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided." SECTION 3. Said Act is further amended by revising Section 105 as follows: 1376 JOURNAL OF THE SENATE "SECTION 105. City attorney, judge of municipal court; separate offices. The offices of city attorney and judge, or judge pro tempore, of municipal court, shall be separate and distinct offices, and the judge, or judge pro tempore, of municipal court shall not be competent or eligible to hold the office of city attorney of the city during the term for which he or she was elected or selected." 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 4, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin 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 Jones, H Y Kennedy Kirk Y Ligon Y Lucas Y Martin N McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 49, nays 4. WEDNESDAY, MARCH 18, 2015 1377 The bills on the Local Consent Calendar, except HB 254, having received the requisite constitutional majority, were passed. HB 254, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 18, 2015 Due to business outside the Senate Chamber, I missed the vote on the Local Consent Calendar. Had I been present, I would have voted yes. /s/ Greg Kirk District 13 SENATE RULES CALENDAR WEDNESDAY, MARCH 18, 2015 THIRTY-FIRST LEGISLATIVE DAY HB 211 Controlled substances; Schedule I, III, and IV; change certain provisions (JUDYNC-1st) Broadrick-4th HR 103 Georgia's Day of Coding; December 10; recognize (S&T-42nd) Setzler-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 211. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd 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 change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Watson of the 1st. 1378 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 211, having received the requisite constitutional majority, was passed. HR 103. By Representatives Setzler of the 35th, Dudgeon of the 25th, Stover of the 71st, Turner of the 21st, Drenner of the 85th and others: A RESOLUTION recognizing December 10 as Georgia's Day of Coding; and for other purposes. Senate Sponsor: Senator Parent of the 42nd. 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: WEDNESDAY, MARCH 18, 2015 1379 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 55, nays 0. HR 103, having received the requisite constitutional majority, was adopted. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, March 19, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:47 a.m. 1380 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 19, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 424. By Representative Tarvin of the 2nd: A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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 559. By Representatives Fleming of the 121st and Jackson of the 128th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 570. By Representatives Jones of the 47th and Cantrell 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 7, 2013 (Ga. L. THURSDAY, MARCH 19, 2015 1381 HB 571. HB 573. HB 574. HB 575. 2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th: A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Epps of the 144th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Epps of the 144th: A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Beverly of the 143rd, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Peake of the 141st: 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), as amended, 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 repeal conflicting laws; and for other purposes. 1382 JOURNAL OF THE SENATE HB 576. HB 577. HB 580. HB 582. HB 583. By Representatives LaRiccia of the 169th and Roberts of the 155th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for four-year terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes. By Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Rutledge of the 109th and others: A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 135th, Smith of the 134th, Buckner of the 137th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such Act; to repeal conflicting laws; and for other purposes. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd: A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, 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 THURSDAY, MARCH 19, 2015 1383 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. HB 584. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes. HB 595. By Representatives Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Golick of the 40th, Beskin of the 54th and others: A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 93. By Senator Burke of the 11th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 182. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each 1384 JOURNAL OF THE SENATE municipality therein; to provide for a short title; 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 225. By Senator Henson of the 41st: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 525. By Senators Albers of the 56th, McKoon of the 29th, Hufstetler of the 52nd, Ligon, Jr. of the 3rd, Crane of the 28th and others: A RESOLUTION recognizing the vital importance safe and efficient transportation plays in Georgia's economic and quality of life standards and providing a roadmap for financial support of transportation in this state; and for other purposes. Referred to the Committee on Transportation. SR 527. By Senators Hill of the 32nd, Hill of the 6th, Albers of the 56th, Ligon, Jr. of the 3rd, Hufstetler of the 52nd and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide for 10 percent of the revenue collected in excess of the amount which was projected to be collected in the preceding fiscal year to be used for providing and maintaining an adequate system of public roads and bridges in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. SR 550. By Senator Miller of the 49th: A RESOLUTION honoring the life of Mr. Loyd Strickland and dedicating an intersection in his memory; and for other purposes. Referred to the Committee on Transportation. THURSDAY, MARCH 19, 2015 1385 The following House legislation was read the first time and referred to committee: HB 424. By Representative Tarvin of the 2nd: A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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 Committee on State and Local Governmental Operations. HB 559. By Representatives Fleming of the 121st and Jackson of the 128th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 570. By Representatives Jones of the 47th and Cantrell 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 7, 2013 (Ga. L. 2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 571. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th: A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 1386 JOURNAL OF THE SENATE HB 573. By Representative Epps of the 144th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 574. By Representative Epps of the 144th: A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 575. By Representatives Beverly of the 143rd, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Peake of the 141st: 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), as amended, 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 repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 576. By Representatives LaRiccia of the 169th and Roberts of the 155th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for fouryear terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. THURSDAY, MARCH 19, 2015 1387 HB 577. By Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Rutledge of the 109th and others: A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 580. By Representatives Smyre of the 135th, Smith of the 134th, Buckner of the 137th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 582. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd: A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 583. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, 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 Committee on State and Local Governmental Operations. 1388 JOURNAL OF THE SENATE HB 584. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 595. By Representatives Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Golick of the 40th, Beskin of the 54th and others: A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 62 HB 164 SR 447 Do Pass Do Pass Do Pass HB 65 Do Pass by substitute HB 362 Do Pass Respectfully submitted, Senator Tippins of the 37th District, Chairman THURSDAY, MARCH 19, 2015 1389 Mr. President: The Committee on Finance 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 Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 185 Do Pass HB 366 Do Pass HB 348 Do Pass HB 412 Do Pass Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 233 Do Pass Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 123 HB 206 HB 210 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman 1390 JOURNAL OF THE SENATE Mr. President: The Committee on Regulated Industries and Utilities has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 85 Do Pass HB 276 Do Pass by substitute HB 261 Do Pass HB 368 Do Pass Respectfully submitted, Senator Jeffares of the 17th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 345 Do Pass HB 532 Do Pass HB 479 Do Pass HB 553 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) 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 551 Do Pass HB 477 Do Pass by substitute HB 554 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State Institutions and Property has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: THURSDAY, MARCH 19, 2015 1391 HB 104 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 106 Do Pass by substitute HB 213 Do Pass by substitute Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 76 HB 170 Senator Lucas of the 26th moved to suspend the Senate Rules in order to first read legislation and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 226. By Senator Lucas of the 26th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375), as amended, so as to comprehensively revise the charter of the City of Gordon; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. Senator Orrock of the 36th asked unanimous consent that Senator Parent of the 42nd be excused. The consent was granted, and Senator Parent was excused. Senator Orrock of the 36th asked unanimous consent that Senator Sims of the 12th be excused. The consent was granted, and Senator Sims was excused. 1392 JOURNAL OF THE SENATE Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Jones II of the 22nd asked unanimous consent that Senator Stone of the 23rd be excused. The consent was granted, and Senator Stone was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Ramsey Rhett Seay Shafer Tate Thompson, B Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Parent (Excused) Thompson, C. (Excused) Sims (Excused) Tippins Stone (Excused) Tolleson Senator David Shafer, President Pro Tempore, assumed the Chair. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Shafer of the 48th introduced the chaplain of the day, Senator Greg Kirk of Tifton, Georgia, who offered scripture reading and prayer. The President resumed the Chair. The President recognized former Governor of Florida Jeb Bush who addressed the Senate briefly. THURSDAY, MARCH 19, 2015 1393 Senator Ramsey, Sr. of the 43rd recognized Usher's New Look for its work in strengthening communities by engaging disconnected youth and helping them find their passion in life, commended by SR 481, adopted previously. President Yvette Cook addressed the Senate briefly. Senator Jones of the 25th recognized the Rock Springs Health Clinic in Milner, Georgia, and its Medical Director, W. Stephen Taunton, M.D.; Administrative Director, Bobbi Riley; and Pharmaceutical Director, Linda Taunton, commended by SR 344, adopted previously. Dr. W. Stephen Taunton addressed the Senate briefly. Senator Jones of the 10th recognized the many contributions Caribbean Americans have made to the State of Georgia and declared March 19, 2015, as Caribbean American Legislative Day at the state capitol, commended by SR 415, adopted previously. President and Founder of the Caribbean American Chamber of Commerce of Georgia Jackie Watson addressed the Senate briefly. The following resolution was read and adopted: SR 549. By Senator Hill of the 32nd: A RESOLUTION commending the Georgia High School Fencing League; and for other purposes. Senator Hill of the 32nd spoke to the resolution. Chairman Terry White addressed the Senate briefly. Senator Ligon, Jr. of the 3rd introduced the doctor of the day, Dr. David Faulk. The following resolutions were read and adopted: SR 513. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Lady Antebellum on its induction into the Georgia Music Hall of Fame; and for other purposes. SR 514. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Wet Willie on its induction into the Georgia Music Hall of Fame; and for other purposes. 1394 JOURNAL OF THE SENATE SR 515. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Ed Roland on his induction into the Georgia Music Hall of Fame; and for other purposes. SR 516. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Danny Beard on his induction into the Georgia Music Hall of Fame; and for other purposes. SR 517. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Francine Reed on her induction into the Georgia Music Hall of Fame; and for other purposes. SR 518. By Senators Miller of the 49th, Mullis of the 53rd, Cowsert of the 46th, Jackson of the 24th and Tate of the 38th: A RESOLUTION commending Jeff Foxworthy on his induction into the Georgia Music Hall of Fame; and for other purposes. SR 519. By Senators Burke of the 11th, Kirk of the 13th, Jones II of the 22nd, Stone of the 23rd, Cowsert of the 46th and others: A RESOLUTION recognizing the 10th anniversary of the Southwest Campus of the Medical College of Georgia; and for other purposes. SR 520. By Senators Henson of the 41st, Millar of the 40th and Parent of the 42nd: A RESOLUTION congratulating Tucker High School upon the grand occasion of its 100th anniversary and commending the Tucker High School Foundation for its great service to that school; and for other purposes. SR 521. By Senator Jackson of the 2nd: A RESOLUTION commending Tristen Allen, Islands High School's 2015 STAR Student; and for other purposes. SR 522. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION commending Kinam Park, Savannah Country Day School's 2015 STAR Student; and for other purposes. THURSDAY, MARCH 19, 2015 1395 SR 523. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION congratulating the Bethesda Academy High School Basketball Team on winning the South Carolina Independent School Association (SCISA) Class AA State Championship; and for other purposes. SR 524. By Senators Jackson of the 2nd and Watson of the 1st: A RESOLUTION congratulating the H. V. Jenkins High School basketball team on winning the 2015 GHSA Class AAA State Championship; and for other purposes. SR 526. By Senators Shafer of the 48th, Beach of the 21st and Albers of the 56th: A RESOLUTION congratulating Wayne Carrel and James Saffell upon being named president and treasurer of the Johns Creek Foundation; and for other purposes. SR 528. By Senator Jackson of the 2nd: A RESOLUTION commending Camille Alexandra Wixon, St. Andrews School's 2015 STAR Student; and for other purposes. SR 529. By Senator Jackson of the 2nd: A RESOLUTION commending Renee Julia Manalo, Savannah Christian Preparatory School's 2015 STAR Student; and for other purposes. SR 530. By Senator Jackson of the 2nd: A RESOLUTION commending Amanda Leighann Fallin, Windsor Forest High School's 2015 STAR Student; and for other purposes. SR 531. By Senator Jackson of the 2nd: A RESOLUTION commending Matthew Pfeiffer, Jenkins High School's 2015 STAR Student; and for other purposes. SR 532. By Senator Jackson of the 2nd: A RESOLUTION commending Evan Kenneth Lane, Memorial Day School's 2015 STAR Student; and for other purposes. 1396 JOURNAL OF THE SENATE SR 533. By Senator Jackson of the 2nd: A RESOLUTION commending Nicholas Chase Coates, New Hampstead High School's 2015 STAR Student; and for other purposes. SR 534. By Senator Jackson of the 2nd: A RESOLUTION commending Jasmine Brianna Bigham, Beach High School's 2015 STAR Student; and for other purposes. SR 535. By Senator Jackson of the 2nd: A RESOLUTION commending Kristin Conley, Bible Baptist's 2015 STAR Student; and for other purposes. SR 536. By Senator Jackson of the 2nd: A RESOLUTION commending Mia Paletta, Calvary Day School's 2015 STAR Student; and for other purposes. SR 537. By Senator Jackson of the 2nd: A RESOLUTION commending Nadia Inez George, Groves High School's 2015 STAR Student; and for other purposes. SR 538. By Senator Jackson of the 2nd: A RESOLUTION commending Kayla Michelle Williams, Johnson High School's 2015 STAR Student; and for other purposes. SR 539. By Senator Jackson of the 2nd: A RESOLUTION commending Macie Leigh Young, Memorial Day School's 2015 STAR Student; and for other purposes. SR 540. By Senator Jackson of the 2nd: A RESOLUTION commending Madison Hartsell Loftin, St. Vincent's Academy 2015 STAR Student; and for other purposes. SR 541. By Senator Jackson of the 2nd: A RESOLUTION commending Amanda Grace Royek, Savannah Arts Academy's 2015 STAR Student; and for other purposes. THURSDAY, MARCH 19, 2015 1397 SR 542. By Senator Jackson of the 2nd: A RESOLUTION commending Kayla V. Oates, Savannah High School's 2015 STAR Student; and for other purposes. SR 543. By Senator Jackson of the 2nd: A RESOLUTION commending the Savannah State University Women's Basketball Team for winning the 2015 Mid-Eastern Athletic Conference Championship; and for other purposes. SR 544. By Senator Jackson of the 2nd: A RESOLUTION commending Satchel T. Holmes-Williams, WoodvilleTompkins High School's 2015 STAR Student; and for other purposes. SR 545. By Senator Jackson of the 2nd: A RESOLUTION commending Alfred Edward Pesto III, Benedictine Military School's 2015 STAR Student; and for other purposes. SR 546. By Senator Jackson of the 2nd: A RESOLUTION commending Mahogany Bowers for her service to the Savannah community; and for other purposes. SR 547. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Orrock of the 36th, Parent of the 42nd, Davenport of the 44th and others: A RESOLUTION recognizing April 2, 2015, as the sixth annual Environmental Day in the State of Georgia and commending the Moving from Green to Zero Campaign for its efforts to create clean land, clean air, and clean water for a sustainable Georgia; and for other purposes. SR 548. By Senators James of the 35th, Ramsey, Sr. of the 43rd, Orrock of the 36th, Parent of the 42nd, Seay of the 34th and others: A RESOLUTION commending Gandy Thomas; and for other purposes. SR 551. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Dr. Linda Barrow on the occasion of her retirement; and for other purposes. 1398 JOURNAL OF THE SENATE Senator Tate of the 38th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday March 19, 2015 Thirty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 345 Crane of the 28th McKoon of the 29th CITY OF HOGANSVILLE IN TROUP COUNTY A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes. HB 479 Kennedy of the 18th CITY OF FORSYTH A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 19, 2015 1399 HB 532 Tate of the 38th Thompson of the 14th Rhett of the 33rd Hill of the 6th Tippins of the 37th Hill of the 32nd COBB COUNTY A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; to repeal conflicting laws; and for other purposes. HB 553 Kennedy of the 18th CHARTER FOR THE CITY OF FORSYTH A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn N Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James N Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims E Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson 1400 JOURNAL OF THE SENATE Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Lucas Y Martin Y McKoon Millar Y Miller N Mullis Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 48, nays 3. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR THURSDAY, MARCH 19, 2015 THIRTY-SECOND LEGISLATIVE DAY HB 184 Banking and finance; extensively revise Title 7; provisions (B&FI-18th) Williamson-115th HB 246 Accountants; provide for powers and actions granted to other licensing boards; provisions (RI&U-27th) Knight-130th 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 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. Senator Cowsert of the 46th asked unanimous consent that HB 184 be placed on the Table. The consent was granted, and HB 184 was placed on the Table. THURSDAY, MARCH 19, 2015 1401 HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 27th. Senator Cowsert of the 46th asked unanimous consent that HB 246 be placed on the Table. The consent was granted, and HB 246 was placed on the Table. Senator Miller of the 49th recognized Will Crain for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games, commended by SR 277, adopted previously. Will Crain addressed the Senate briefly. The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 19, 2015 Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Ellis Black to serve as Ex-Officio for the Senate Higher Education Committee 1402 JOURNAL OF THE SENATE meeting on March 19, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Friday, March 20, 2015. The motion prevailed, and the President announced the Senate adjourned at 11:38 a.m. FRIDAY, MARCH 20, 2015 1403 Senate Chamber, Atlanta, Georgia Friday, March 20, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 589. By Representatives Evans of the 42nd, Carson of the 46th, Wilkerson of the 38th, Smith of the 41st, Reeves of the 34th and others: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 594. By Representative Kidd of the 145th: A BILL to be entitled an Act to authorize the governing authority of Baldwin 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. 1404 JOURNAL OF THE SENATE HB 597. HB 598. HB 599. HB 600. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th 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 FRIDAY, MARCH 20, 2015 1405 HB 601. HB 602. HB 603. amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hightower of the 68th, Cooke of the 18th, Nix of the 69th and Smith of the 70th: A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), so as to provide that contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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), so as to revise disability pension benefit eligibility for new plan members in certain instances; to provide an offset of disability benefits by any workers' compensation indemnity benefits related to loss of income for new plan members; to limit the effect of workers' compensation 1406 JOURNAL OF THE SENATE or similar laws on the plan; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 499. By Senators Harper of the 7th and Williams of the 19th: A RESOLUTION commending the Annual FNB South Community Golf Classic Tournament; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 227. By Senator Tate of the 38th: A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing that, upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become part of the independent school system of the City of Atlanta and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta (Res. Act No. 73; H. R. No. 182-969j; Ga. L. 1950, p. 458), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4812); to provide for a referendum with respect to the effectiveness of the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 228. By Senator Butler of the 55th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), as amended, particularly by an Act approved May 5, 2004 (Ga. L. 2004, p. 3575), so as to make numerous administrative and clerical changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. FRIDAY, MARCH 20, 2015 1407 SB 229. By Senators Jones of the 25th, Martin of the 9th, McKoon of the 29th and Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to insurers rehabilitation and liquidation, so as to provide for federal home loan bank rights regarding collateral pledged by an insurer-member subject to a delinquency proceeding; to provide for definitions; to provide for certain limitations for a receiver to void transfer of certain property in connection with any federal home loan bank security agreement; to provide for transfer avoidance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SR 558. By Senators Mullis of the 53rd, Harbison of the 15th, Harper of the 7th, Burke of the 11th, Watson of the 1st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the proceeds of excise taxes on the sale of fireworks in this state be dedicated to the funding of trauma care, fire services, burn treatment, and local public safety purposes in the State of Georgia; to provide that such funds shall not lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Public Safety. The following House legislation was read the first time and referred to committee: HB 589. By Representatives Evans of the 42nd, Carson of the 46th, Wilkerson of the 38th, Smith of the 41st, Reeves of the 34th and others: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 1408 JOURNAL OF THE SENATE HB 594. By Representative Kidd of the 145th: A BILL to be entitled an Act to authorize the governing authority of Baldwin 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 Committee on State and Local Governmental Operations. HB 597. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 598. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 599. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County FRIDAY, MARCH 20, 2015 1409 and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 600. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th 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. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 601. By Representatives Hightower of the 68th, Cooke of the 18th, Nix of the 69th and Smith of the 70th: A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 602. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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, 1410 JOURNAL OF THE SENATE p. 4004), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), so as to provide that contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 603. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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), so as to revise disability pension benefit eligibility for new plan members in certain instances; to provide an offset of disability benefits by any workers' compensation indemnity benefits related to loss of income for new plan members; to limit the effect of workers' compensation or similar laws on the plan; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1 SR 84 Do Pass by substitute Do Pass HB 198 Do Pass SR 462 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: FRIDAY, MARCH 20, 2015 1411 HB 320 HB 353 HR 304 Do Pass Do Pass Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 117 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Interstate Cooperation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 540 Do Pass Respectfully submitted, Senator James of the 35th District, Chairman Mr. President: The Committee on Natural Resources and the Environment has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 160 Do Pass HB 199 Do Pass HB 172 Do Pass SR 449 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman 1412 JOURNAL OF THE SENATE Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 225 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 573 HB 574 HB 575 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 515 Do Pass by substitute HB 520 Do Pass by substitute Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: HB 62 HB 164 HB 233 HB 366 SR 447 HB 65 HB 174 HB 234 HB 368 HB 85 HB 185 HB 261 HB 412 HB 104 HB 206 HB 276 HB 477 HB 106 HB 210 HB 348 HB 551 HB 123 HB 213 HB 362 HB 554 FRIDAY, MARCH 20, 2015 1413 Senator Jones II of the 22nd 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 Crane of the 28th be excused. The consent was granted, and Senator Crane was excused. Senator Burke of the 11th asked unanimous consent that Senator Black of the 8th be excused. The consent was granted, and Senator Black was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Burke Butler Cowsert Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Not answering were Senators: Black (Excused) Williams, T. Crane (Excused) Mullis Orrock Parent Ramsey Rhett Seay Shafer Sims Tate Thompson, B Thompson, C Tippins Tolleson Unterman Watson Wilkinson Williams, M Stone (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Davenport of the 44th introduced the chaplain of the day, Reverend Arthur Powell of Morrow, Georgia, who offered scripture reading and prayer. 1414 JOURNAL OF THE SENATE Senator Harbison of the 15th recognized Isaiah Crowell for his successful football career, commended by SR 402, adopted previously. Isaiah Crowell addressed the Senate briefly. Senator Jones of the 10th recognized Dr. Jamye Coleman Williams, commended by SR 417, adopted previously. Dr. Jamye Coleman Williams addressed the Senate briefly. Senator Davenport of the 44th recognized March 20, 2015, as Spelman College Day at the capitol, commended by SR 493, adopted previously. Senator Davenport of the 44th recognized Dr. Beverly Daniel Tatum on the occasion of her retirement, commended by SR 480, adopted previously. Dr. Beverly Daniel Tatum addressed the Senate briefly. Senator Miller of the 49th recognized Spout Springs School of Enrichment for being the first school in the State of Georgia and the entire Southeast to be named an Alliance for a Healthier Generation 2014-2015 GOLD National Recognition School, commended by SR 466, adopted previously. Physical Education teacher Tom Adam addressed the Senate briefly. Senator Fort of the 39th introduced the doctor of the day, Dr. Brunilda Nazario. Senator Seay of the 34th recognized and honored former Senator Steve Thompson on his outstanding public service, commended by SR 147, adopted previously. Senator Steve Thompson addressed the Senate briefly. The following resolution was read and adopted: SR 496. By Senators Williams of the 19th, Sims of the 12th, Hill of the 4th, Shafer of the 48th, Cowsert of the 46th and others: A RESOLUTION recognizing and commending Ms. Audrey Lee; and for other purposes. Senator Williams of the 19th and Senator Sims of the 12th spoke to the resolution. Ms. Audrey Lee addressed the Senate briefly. The following resolutions were read and adopted: SR 552. By Senator Shafer of the 48th: A RESOLUTION commending Jack Griffin; and for other purposes. FRIDAY, MARCH 20, 2015 1415 SR 553. By Senators James of the 35th, Rhett of the 33rd and Orrock of the 36th: A RESOLUTION commending Ambassador Geoffrey Teneilabe; and for other purposes. SR 554. By Senators James of the 35th, Rhett of the 33rd and Orrock of the 36th: A RESOLUTION commending Elizabeth Reid Stamps; and for other purposes. SR 555. By Senators Orrock of the 36th, Butler of the 55th, Tate of the 38th, Henson of the 41st, Fort of the 39th and others: A RESOLUTION commending the National Black and Latino Council; and for other purposes. SR 556. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the Atlanta Health Care Music & Gospel Festival on the grand occasion of its 10th anniversary; and for other purposes. SR 557. By Senators Seay of the 34th, Orrock of the 36th, Fort of the 39th and Davenport of the 44th: A RESOLUTION commending Carter Ries upon being named a State Honoree in the Prudential Spirit of Community Awards; and for other purposes. SR 559. By Senators Orrock of the 36th, Butler of the 55th and Jackson of the 2nd: A RESOLUTION commending Reverend Donald Brooks; 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 20, 2015 Thirty-third Legislative Day 1416 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) HB 573 Lucas of the 26th TWIGGS COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 574 Lucas of the 26th TWIGGS COUNTY A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 575 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), as amended, 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 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 Beach Y Bethel Y Black Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Orrock Y Parent Y Ramsey Y Rhett FRIDAY, MARCH 20, 2015 1417 Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Seay Y Shafer Sims E Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Watson Y Wilkinson Y Williams, M Williams, T On the passage of the local legislation, the yeas were 48, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 20, 2015 Due to the voting machine malfunctioning, I missed the vote on the Local Consent Calendar. I would have voted yes. /s/ Ben Watson District 1 Senator Watson's voting machine was checked and found to be operating correctly. HB 76 HB 170 SENATE RULES CALENDAR FRIDAY, MARCH 20, 2015 THIRTY-THIRD LEGISLATIVE DAY General appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 (Substitute)(APPROP-4th) Ralston-7th Transportation Funding Act of 2015; enact (Substitute)(TRANS-51st) Roberts-155th 1418 JOURNAL OF THE SENATE 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 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. Senate Sponsor: Senator Hill of the 4th. FRIDAY, MARCH 20, 2015 1419 SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 76 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year: HB 76 (FY 2016G) Governor House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 $21,782,964,314 $21,782,964,314 $21,782,964,314 $19,219,341,203 $19,219,341,203 $19,219,341,203 $1,003,353,791 $1,003,353,791 $1,003,353,791 $977,772,176 $977,772,176 $977,772,176 $140,814,002 $140,814,002 $140,814,002 $1,458,567 $1,458,567 $1,458,567 $167,969,114 $167,969,114 $167,969,114 $272,255,461 $272,255,461 $272,255,461 $13,323,773,015 $13,272,036,019 $13,296,475,131 $3,805,520,687 $3,809,294,412 $3,809,241,499 $101,640,586 $101,640,586 $101,640,586 $1,166,080 $1,166,080 $1,166,080 $109,580,578 $109,580,578 $109,580,578 $12,821,448 $12,821,448 $12,821,448 $14,163,709 $14,163,709 $14,163,709 1420 JOURNAL OF THE SENATE 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 TANF Transfers to Social Services Block Grant per 42 USC 604 FFIND Temp. Assistance for Needy Families CFDA93.558 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 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,628,058,181 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,796,465,155 $7,193,907 $7,193,907 $1,591,218 $1,591,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,694,089 $592,381 $984,695,725 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,572,547,460 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,804,024,193 $7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,282,127 $592,381 $988,283,763 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,597,039,485 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,800,477,705 $7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,735,639 $592,381 $984,737,275 FRIDAY, MARCH 20, 2015 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 Medical Assistance Program CFDA93.778 Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 FFIND Preventive Health & Health Services Block Grant CFDA93.991 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 1421 $2,085,405,983 $2,085,405,983 $2,085,405,983 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $4,267,689 $3,702,962,116 $3,804,479,379 $3,804,033,979 $3,696,127,871 $3,797,952,871 $3,797,507,471 $68,956,023 $68,956,023 $68,956,023 $18,799,892 $18,799,892 $18,354,492 $8,637,302 $8,637,302 $8,637,302 $3,118,097,699 $3,219,922,699 $3,219,922,699 $33,927,991 $33,927,991 $33,927,991 $9,808,379 $9,808,379 $9,808,379 $280,857,262 $280,857,262 $280,857,262 $55,273,576 $55,273,576 $55,273,576 $12,666,404 $12,666,404 $12,666,404 $89,103,343 $89,103,343 $89,103,343 $1,851,372 $1,851,372 $1,851,372 $1,851,372 $1,851,372 $1,851,372 $2,569,120 $2,261,383 $2,261,383 $2,217,962 $1,910,225 $1,910,225 $351,158 $351,158 $351,158 $2,413,753 $2,413,753 $2,413,753 $2,223,236 $2,223,236 $2,223,236 $190,517 $190,517 $190,517 $40,903,202,484 $40,859,024,526 $40,879,917,150 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 1422 JOURNAL OF THE SENATE Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Retirement Payments Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,038,227 $8,038,227 $8,038,227 $471,433,833 $419,696,837 $444,135,949 $351,816 $4,125,541 $4,072,628 $9,160,870 $9,160,870 $9,160,870 $368,954,854 $313,444,133 $337,936,158 $92,966,293 $92,966,293 $92,966,293 ($5,346,179) $2,212,859 ($1,333,629) $0 $3,971,000 $3,971,000 $0 $3,971,000 $3,971,000 ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) $414,660 $4,002,698 $456,210 $414,660 $4,002,698 $456,210 ($51,007,652) $50,509,611 $50,064,211 ($51,779,452) $50,045,548 $49,600,148 $1,657,523 $1,657,523 $1,212,123 $245,355 $245,355 $245,355 ($54,875,527) $46,949,473 $46,949,473 $1,193,197 $1,193,197 $1,193,197 $771,800 $771,800 $771,800 $771,800 $771,800 $771,800 $0 ($307,737) ($307,737) $0 ($307,737) ($307,737) $1,361,299,696 $1,418,639,001 $1,439,086,225 Section Total - Continuation $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 FRIDAY, MARCH 20, 2015 1423 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,770,129 $10,770,129 $10,770,129 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,592 1.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,197 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,256,003 $1,256,003 $1,256,003 Appropriation (HB 76) $1,256,003 $1,278,792 $1,256,003 $1,278,792 $1,256,003 $1,278,792 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,879 2.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,781 1424 JOURNAL OF THE SENATE 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,147,666 $1,147,666 $1,147,666 Appropriation (HB 76) $1,147,666 $1,170,326 $1,147,666 $1,170,326 $1,147,666 $1,170,326 Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $60,988 3.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $52,457 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,115,031 $7,115,031 $7,115,031 Appropriation (HB 76) $7,115,031 $7,228,476 $7,115,031 $7,228,476 $7,115,031 $7,228,476 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,686 FRIDAY, MARCH 20, 2015 1425 4.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,714 4.100 -Senate Budget and Evaluation Office Appropriation (HB 76) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,067,135 $1,067,135 $1,092,535 State General Funds $1,067,135 $1,067,135 $1,092,535 TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,092,535 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,705,323 $18,705,323 $18,705,323 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 5.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $134,167 $134,167 5.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $127,913 $127,913 1426 JOURNAL OF THE SENATE 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,705,323 $18,705,323 $18,705,323 Appropriation (HB 76) $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,043,865 $10,043,865 $10,043,865 $10,536,381 $10,536,381 $10,536,381 $10,536,381 $10,536,381 $10,536,381 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 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,910 $24,910 6.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,340 $16,340 6.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,754 $1,754 FRIDAY, MARCH 20, 2015 1427 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $5,734,042 State General Funds $5,734,042 TOTAL PUBLIC FUNDS $5,734,042 Appropriation (HB 76) $5,777,046 $5,777,046 $5,777,046 $5,777,046 $5,777,046 $5,777,046 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 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 7.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,545 $11,545 7.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,470 $7,470 7.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,475 $9,475 7.100-Legislative Fiscal Office Appropriation (HB 76) 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 $1,273,514 $1,302,004 $1,302,004 State General Funds $1,273,514 $1,302,004 $1,302,004 TOTAL PUBLIC FUNDS $1,273,514 $1,302,004 $1,302,004 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. 1428 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 8.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $56,142 $56,142 8.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $364,880 $364,880 8.100 -Office of Legislative Counsel Appropriation (HB 76) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,036,309 $3,457,331 $3,457,331 State General Funds $3,036,309 $3,457,331 $3,457,331 TOTAL PUBLIC FUNDS $3,036,309 $3,457,331 $3,457,331 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 $33,450,200 $33,450,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $34,090,200 $34,090,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $34,821,828 $34,821,828 $640,000 $640,000 $640,000 $35,461,828 $34,990,432 $34,990,432 $640,000 $640,000 $640,000 $35,630,432 $34,990,432 $34,990,432 $640,000 $640,000 $640,000 $35,630,432 FRIDAY, MARCH 20, 2015 1429 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 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $449,197 $400,172 $400,172 9.2 Increase funds for personnel and operations for local education audits. State General Funds $850,000 $850,000 $850,000 9.3 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel. State General Funds ($731,579) ($731,579) ($731,579) 9.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $156,250 $156,250 9.5 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,644) ($5,644) 1430 JOURNAL OF THE SENATE 9.6 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,023 $7,023 9.100 -Audit and Assurance Services Appropriation (HB 76) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $29,809,097 $29,917,701 $29,917,701 State General Funds $29,809,097 $29,917,701 $29,917,701 TOTAL AGENCY FUNDS $640,000 $640,000 $640,000 Intergovernmental Transfers $640,000 $640,000 $640,000 Intergovernmental Transfers Not Itemized $640,000 $640,000 $640,000 TOTAL PUBLIC FUNDS $30,449,097 $30,557,701 $30,557,701 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 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $34,310 $34,310 $34,310 10.2 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel. State General Funds $578,910 $578,910 $578,910 10.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $25,000 $25,000 FRIDAY, MARCH 20, 2015 1431 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $2,355,309 State General Funds $2,355,309 TOTAL PUBLIC FUNDS $2,355,309 Appropriation (HB 76) $2,380,309 $2,380,309 $2,380,309 $2,380,309 $2,380,309 $2,380,309 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 76) 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 $251,872 $251,872 $251,872 State General Funds $251,872 $251,872 $251,872 TOTAL PUBLIC FUNDS $251,872 $251,872 $251,872 12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $688 $688 $688 1432 JOURNAL OF THE SENATE 12.100 -Legislative Services Appropriation (HB 76) 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 $252,560 $252,560 $252,560 State General Funds $252,560 $252,560 $252,560 TOTAL PUBLIC FUNDS $252,560 $252,560 $252,560 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 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $37,433 $37,433 $37,433 13.2 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest program for personnel. State General Funds $152,669 $152,669 $152,669 13.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,000 $35,000 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 76) 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 FRIDAY, MARCH 20, 2015 1433 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 $2,384,862 $2,384,862 $2,384,862 $2,419,862 $2,419,862 $2,419,862 $2,419,862 $2,419,862 $2,419,862 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 $15,035,519 $15,035,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $15,185,519 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $16,207,650 $16,207,650 $150,000 $150,000 $150,000 $16,357,650 $16,015,713 $16,015,713 $150,000 $150,000 $150,000 $16,165,713 $15,669,798 $15,669,798 $150,000 $150,000 $150,000 $15,819,798 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 $15,035,519 $15,035,519 $150,000 $150,000 $15,035,519 $15,035,519 $150,000 $150,000 $15,035,519 $15,035,519 $150,000 $150,000 1434 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $15,185,519 $150,000 $15,185,519 $150,000 $15,185,519 14.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $175,809 $163,744 $163,744 14.2 Increase funds for personnel for a $10,000 salary enhancement to Appellate Court Judges' salaries. (H:Increase funds for personnel for a $12,000 salary enhancement to Appellate Court Judges' salaries)(S:Increase funds for personnel for a 4% salary enhancement to Appellate Court Judges' salaries) State General Funds $231,383 $277,659 $121,162 14.3 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request. State General Funds $347,074 $0 $0 14.4 Increase funds for personnel to restore funds for one vacant full-time central staff attorney position. State General Funds $154,821 $154,821 $154,821 14.5 Increase funds for personnel to restore funds for one vacant full-time fiscal office position. State General Funds $69,418 $69,418 $0 14.6 Increase funds for information technology to provide for increased costs of software maintenance for the docket system. State General Funds $6,750 $6,750 $6,750 14.7 Increase funds for trial court records maintenance. State General Funds $20,000 $20,000 $20,000 14.8 Increase funds for information technology for network maintenance costs due to the Supreme Court leaving the shared network. State General Funds $36,876 $36,876 $36,876 14.9 Increase funds for six hours of continued legal education training for staff attorneys. State General Funds $10,000 $10,000 $10,000 FRIDAY, MARCH 20, 2015 1435 14.10 Increase funds for one-time funding to convert microfilm court records to a searchable PDF format. State General Funds $120,000 $120,000 $0 14.11 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,312 $101,312 14.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $12,272 $12,272 14.13 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,342 $7,342 14.100 -Court of Appeals Appropriation (HB 76) 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 $16,207,650 $16,015,713 $15,669,798 State General Funds $16,207,650 $16,015,713 $15,669,798 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 $16,357,650 $16,165,713 $15,819,798 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $13,461,113 $13,461,113 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $1,144,998 $1,144,998 1436 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,144,998 $17,159,046 $1,144,998 $17,159,046 $1,144,998 $17,159,046 TOTAL 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 $15,550,528 $15,550,528 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,248,461 $15,588,693 $15,588,693 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,286,626 $15,380,043 $15,380,043 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,077,976 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 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 15.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,317 $6,126 15.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,136 $2,136 15.100 -Accountability Courts Appropriation (HB 76) 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 FRIDAY, MARCH 20, 2015 1437 collected by such court. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $438,057 $438,057 $438,057 $454,510 $454,510 $454,510 $446,319 $446,319 $446,319 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 76) The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 Institute of Continuing Judicial Education Continuation Budget The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. 1438 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 17.1 Increase funds for operations to provide technology equipment for staff, replace aged technology equipment, and meet day-today operating needs for services provided to multiple classes of court. State General Funds $21,230 $21,230 $0 17.2 Increase funds for personnel for one curricula specialist to assist the Institute of Continuing Judicial Education with professional development of judges and court staff. State General Funds $49,990 $0 $0 17.3 Increase funds for one-time funding for the statewide cross-jurisdictional conference. State General Funds $51,800 $0 $0 17.100 -Institute of Continuing Judicial Education Appropriation (HB 76) 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 $594,809 $493,019 $471,789 State General Funds $594,809 $493,019 $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 $1,298,012 $1,196,222 $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 20, 2015 1439 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 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court Judges. State General Funds $975,040 $809,110 $809,110 18.2 Increase funds to continue the Cold Case Project, in conjunction with other agencies serving children in state custody, which will seek to identify children most likely to age out of foster care without a family. State General Funds $175,000 $175,000 $210,000 18.3 Increase funds for information technology to support web hosting for the Access to Courts Filing Wizard. State General Funds $10,000 $10,000 $0 18.4 Increase funds for personnel for one executive director position and associated operating expenses for the Council of Probate Court Judges. State General Funds $113,642 $0 $0 18.5 Increase funds for grants for civil legal services to victims of domestic violence. State General Funds $386,251 $386,251 $193,126 1440 JOURNAL OF THE SENATE 18.6 Increase funds for the Council of Municipal Court Judges for continued strategic business and information technology planning, publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions. (H:Increase funds for the Council of Municipal Court Judges for publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions) State General Funds $21,795 $11,795 $0 18.7 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register and regulate misdemeanor probation providers. State General Funds $277,167 $277,167 $277,167 18.8 Increase funds to improve and expand training for members of the Georgia Council of Court Administrators. State General Funds $7,500 $7,500 $0 18.9 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $318,853 $329,738 18.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $43,218 $43,218 18.11 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $43,951 $43,951 18.12 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,641 $1,641 18.100 -Judicial Council Appropriation (HB 76) 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. FRIDAY, MARCH 20, 2015 1441 TOTAL 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 $13,189,956 $13,189,956 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $16,011,796 $13,308,047 $13,308,047 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $16,129,887 $13,131,512 $13,131,512 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $15,953,352 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 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 19.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,709 $2,015 19.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $702 $702 19.100-Judicial Qualifications Commission Appropriation (HB 76) 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 $527,706 $533,117 $530,423 State General Funds $527,706 $533,117 $530,423 TOTAL PUBLIC FUNDS $527,706 $533,117 $530,423 1442 JOURNAL OF THE SENATE Resource Center Continuation Budget The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 20.100 -Resource Center Appropriation (HB 76) 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 $7,029,264 $7,029,264 $7,029,264 $7,029,264 $447,456 $447,456 $447,456 $447,456 $7,476,720 $7,476,720 $7,029,264 $7,029,264 $447,456 $447,456 $7,476,720 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,596,573 $7,596,573 $447,456 $447,456 $8,044,029 $7,606,988 $7,606,988 $447,456 $447,456 $8,054,444 $7,606,988 $7,606,988 $447,456 $447,456 $8,054,444 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. FRIDAY, MARCH 20, 2015 1443 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $49,434 $49,434 $49,434 21.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,415 $10,415 21.100 -Council of Juvenile Court Judges Appropriation (HB 76) 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 $1,543,240 $1,553,655 $1,553,655 State General Funds $1,543,240 $1,553,655 $1,553,655 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,990,696 $2,001,111 $2,001,111 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 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 22.1 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System. State General Funds $496,625 $496,625 $496,625 22.2 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015. State General Funds $21,250 $21,250 $21,250 1444 JOURNAL OF THE SENATE 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 76) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $6,053,333 $6,053,333 $6,053,333 State General Funds $6,053,333 $6,053,333 $6,053,333 TOTAL PUBLIC FUNDS $6,053,333 $6,053,333 $6,053,333 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 $67,200,857 $67,200,857 $67,200,857 $67,200,857 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $69,002,984 $69,002,984 $67,200,857 $67,200,857 $1,802,127 $1,802,127 $1,802,127 $69,002,984 TOTAL STATE FUNDS State General Funds 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 - Final $72,044,659 $72,044,659 $2,047,482 $245,355 $245,355 $1,802,127 $1,802,127 $74,092,141 $70,026,029 $70,026,029 $2,047,482 $245,355 $245,355 $1,802,127 $1,802,127 $72,073,511 $70,660,663 $70,660,663 $2,047,482 $245,355 $245,355 $1,802,127 $1,802,127 $72,708,145 Council of Superior Court Clerks Continuation Budget The purpose of this appropriation is to assist superior court clerks throughout the state in the execution of their duties and to promote and assist in the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 FRIDAY, MARCH 20, 2015 1445 23.100 -Council of Superior Court Clerks Appropriation (HB 76) 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 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 $60,672,663 $60,672,663 $1,802,127 $1,802,127 $1,802,127 $62,474,790 24.1 Increase funds for district attorney court travel and training. State General Funds $216,229 $0 $0 24.2 Increase funds for personnel for 11 additional assistant district attorneys to support Accountability Courts in the following circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and Towaliga. (H and S:Increase funds for personnel for five additional assistant district attorneys to support Accountability Courts in the circuits with the greatest need) State General Funds $914,691 $415,769 $415,769 24.3 Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the state. (H and S:Increase funds for personnel for seven additional assistant district attorneys to support Juvenile Courts across the state) State General Funds $1,247,305 $582,076 $582,076 1446 JOURNAL OF THE SENATE 24.4 Increase funds for personnel to increase the monthly supplement for chief assistant district attorneys from $100 to $500 per month. (H and S:Increase funds to increase the monthly supplement for chief assistant district attorneys from $100 to $300 per month) State General Funds $383,658 $191,829 $191,829 24.5 Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys, investigators, and secretaries. (H:Increase funds for personnel to provide for pay parity for secretaries)(S:Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys) State General Funds $1,897,805 $114,885 $759,543 24.6 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB744 (2014 session). State General Funds $104,522 $104,522 $104,522 24.7 Increase funds for contracts to recognize contract with the Department of Human Services. Agency to Agency Contracts $245,355 $245,355 $245,355 24.8 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $601,133 $601,133 24.9 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $416,569 $416,569 24.10 Increase funds for personnel for an assistant district attorney to reflect the new judgeship in the Western Judicial Circuit starting April 1, 2016. State General Funds $26,253 $26,253 24.11 Increase funds for personnel to provide a salary supplement to District Attorneys receiving a county supplement of less than $15,000. (S:Increase funds for personnel for a 2% salary enhancement to District Attorneys' salaries) State General Funds $190,793 $180,769 FRIDAY, MARCH 20, 2015 1447 24.100 -District Attorneys Appropriation (HB 76) 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 $65,436,873 $63,316,492 $63,951,126 State General Funds $65,436,873 $63,316,492 $63,951,126 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,047,482 $2,047,482 $2,047,482 State Funds Transfers $245,355 $245,355 $245,355 Agency to Agency Contracts $245,355 $245,355 $245,355 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 $67,484,355 $65,363,974 $65,998,608 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 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 25.1 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. (H and S:Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs) State General Funds $6,188 ($297,158) ($297,158) 25.2 Increase funds for personnel for one human resources generalist position. State General Funds $73,404 $0 $0 25.3 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $413,944 $413,944 25.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $52,412 $52,412 1448 JOURNAL OF THE SENATE 25.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,145 $12,145 25.100 -Prosecuting Attorneys' Council Appropriation (HB 76) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,422,206 $6,523,957 $6,523,957 State General Funds $6,422,206 $6,523,957 $6,523,957 TOTAL PUBLIC FUNDS $6,422,206 $6,523,957 $6,523,957 Section 9: Superior Courts 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 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 Section Total - Continuation $64,909,147 $64,909,147 $64,909,147 $64,909,147 $137,000 $137,000 $87,000 $87,000 $87,000 $87,000 $50,000 $50,000 $50,000 $50,000 $65,046,147 $65,046,147 Section Total - Final $72,631,324 $72,631,324 $137,000 $87,000 $87,000 $50,000 $50,000 $72,768,324 $67,664,346 $67,664,346 $137,000 $87,000 $87,000 $50,000 $50,000 $67,801,346 $64,909,147 $64,909,147 $137,000 $87,000 $87,000 $50,000 $50,000 $65,046,147 $68,083,132 $68,083,132 $137,000 $87,000 $87,000 $50,000 $50,000 $68,220,132 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. FRIDAY, MARCH 20, 2015 1449 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,244 $20,244 $20,244 26.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,474 $17,474 26.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,847 $5,847 26.100 -Council of Superior Court Judges Appropriation (HB 76) 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 $1,374,088 $1,397,409 $1,397,409 State General Funds $1,374,088 $1,397,409 $1,397,409 TOTAL AGENCY FUNDS $35,000 $35,000 $35,000 Sales and Services $35,000 $35,000 $35,000 Sales and Services Not Itemized $35,000 $35,000 $35,000 TOTAL PUBLIC FUNDS $1,409,088 $1,432,409 $1,432,409 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. 1450 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $36,517 $36,517 $36,517 27.2 Increase funds for operations to restore a portion of operating expenses that have been reduced in prior years as a result of budget reductions. State General Funds $100,000 $0 $0 27.3 Increase funds for personnel to restore three furlough days remaining in the base budget. State General Funds $18,051 $18,051 $18,051 27.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,368 $13,368 27.5 Reduce funds for personnel to reflect savings. State General Funds ($18,051) ($18,051) 27.100 -Judicial Administrative Districts Appropriation (HB 76) 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 $2,654,734 $2,550,051 $2,550,051 State General Funds $2,654,734 $2,550,051 $2,550,051 TOTAL AGENCY FUNDS $87,000 $87,000 $87,000 Intergovernmental Transfers $87,000 $87,000 $87,000 Intergovernmental Transfers Not Itemized $87,000 $87,000 $87,000 TOTAL PUBLIC FUNDS $2,741,734 $2,637,051 $2,637,051 FRIDAY, MARCH 20, 2015 1451 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 28.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $253,853 $234,456 $234,456 28.2 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System. State General Funds $1,315,678 $1,315,678 $1,315,678 28.3 Increase funds for personnel for a judicial salary increase. (H:Increase funds to provide a salary supplement to judges receiving a county supplement of less than $25,000)(S:Increase funds for personnel for a 2% salary enhancement to Superior Court Judges' salaries) State General Funds $4,915,055 $415,453 $834,239 28.4 Increase funds for the creation of one additional judgeship in the Western Circuit effective July 1, 2015. (H and S:Increase funds for the creation of one additional judgeship in the Western Circuit effective April 1, 2016) State General Funds $372,586 $93,147 $93,147 28.5 Increase funds for personnel to annualize two judgeships in the Coweta and Waycross Judicial Circuits created in HB742 (2014 Session). State General Funds $361,110 $361,110 $361,110 1452 JOURNAL OF THE SENATE 28.6 Eliminate funds for the initial equipment set-up of the Chattahoochee and Oconee judgeships created in HB451 (2013 Session). State General Funds ($60,500) ($60,500) ($60,500) 28.7 Increase funds for personnel for two law clerk positions eliminated in prior years due to budget reductions. State General Funds $128,332 $0 $0 28.8 Increase funds for personnel for a step increase for the 22 secretaries who missed their step increase between January 1, 2012 and June 30, 2012. State General Funds $176,972 $176,972 $176,972 28.9 Increase funds for personnel to restore one and a half furlough days remaining in the base budget. State General Funds $84,279 $84,279 $84,279 28.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $113,429 $113,429 28.11 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,004 $12,004 28.12 Reduce funds for personnel to reflect savings. State General Funds ($84,279) ($84,279) 28.100 -Superior Court Judges Appropriation (HB 76) 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 $68,602,502 $63,716,886 $64,135,672 State General Funds $68,602,502 $63,716,886 $64,135,672 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $68,617,502 $63,731,886 $64,150,672 FRIDAY, MARCH 20, 2015 1453 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 $10,248,025 $10,248,025 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $10,554,587 $10,554,587 $1,859,823 $1,859,823 $1,859,823 $12,414,410 $10,357,790 $10,357,790 $1,859,823 $1,859,823 $1,859,823 $12,217,613 $10,317,091 $10,317,091 $1,859,823 $1,859,823 $1,859,823 $12,176,914 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 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 29.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $108,751 $106,140 $106,140 1454 JOURNAL OF THE SENATE 29.2 Increase funds paid to the Department of Public Safety for a trooper to provide security. State General Funds $33,219 $33,219 $33,219 29.3 Increase funds for contracts to annualize additional yearly costs for WestLaw research contract fees. State General Funds $1,440 $1,440 $1,440 29.4 Increase funds for information technology to annualize additional yearly costs for a new network. State General Funds $37,200 $37,200 $37,200 29.5 Increase funds for contracts to annualize additional yearly costs of TriVir e-filing and maintenance. State General Funds $6,000 $6,000 $6,000 29.6 Eliminate funds for one-time funding for the purchase of computer software. State General Funds ($306,785) ($306,785) ($306,785) 29.7 Increase funds for personnel for one case management position. State General Funds $69,418 $0 $69,418 29.8 Increase funds for TriVir annual maintenance cost, starting July 1, 2015, for trial court records. State General Funds $20,000 $20,000 $0 29.9 Increase funds for personnel for a $10,000 salary enhancement to Supreme Court Justices' salaries. (H:Increase funds for a $12,000 salary enhancement to Supreme Court Justices' salaries)(S:Increase funds for personnel for a 4% salary enhancement to Supreme Court Justices' salaries) State General Funds $133,887 $161,414 $71,297 29.10 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request. State General Funds $201,767 $0 $0 29.11 Increase funds for contracts to annualize additional yearly costs for the Reporters' Office - LexisNexis Publication. State General Funds $1,665 $1,665 $1,665 FRIDAY, MARCH 20, 2015 1455 29.12 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $58,497 $58,497 29.13 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,634 $4,634 29.14 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,779 $3,779 29.15 Reduce funds used to digitize records. State General Funds ($17,438) ($17,438) 29.100 -Supreme Court of Georgia Appropriation (HB 76) 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 $10,554,587 $10,357,790 $10,317,091 State General Funds $10,554,587 $10,357,790 $10,317,091 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 $12,414,410 $12,217,613 $12,176,914 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $5,093,761 $5,093,761 $5,093,761 $5,093,761 $17,142,369 $17,142,369 $5,093,761 $5,093,761 $17,142,369 1456 JOURNAL OF THE SENATE State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS $17,142,369 $17,142,369 $22,236,130 Section Total - Final $7,141,801 $7,141,801 $18,799,892 $18,799,892 $18,799,892 $25,941,693 $17,142,369 $17,142,369 $22,236,130 $6,728,934 $6,728,934 $18,799,892 $18,799,892 $18,799,892 $25,528,826 $17,142,369 $17,142,369 $22,236,130 $6,891,923 $6,891,923 $18,354,492 $18,354,492 $18,354,492 $25,246,415 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 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 30.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,380 $42,380 $42,380 30.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $27,540 $27,540 $27,540 30.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,786 $3,786 $3,786 FRIDAY, MARCH 20, 2015 1457 30.4 Increase funds for billings for TeamWorks to reflect statewide adjustments. Accounting System Assessments $1,657,523 $1,657,523 $1,212,123 30.100 -State Accounting Office Appropriation (HB 76) 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 $3,817,205 $3,817,205 $18,799,892 $18,799,892 $18,799,892 $22,617,097 $3,817,205 $3,817,205 $18,799,892 $18,799,892 $18,799,892 $22,617,097 $3,817,205 $3,817,205 $18,354,492 $18,354,492 $18,354,492 $22,171,697 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 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 31.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,552 $9,552 $9,552 31.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $6,832 $6,832 $6,832 1458 JOURNAL OF THE SENATE 31.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $458,946 $458,946 $458,946 31.4 Increase funds for personnel for four attorney positions and four investigator positions to expedite complaint resolutions. (H:Increase funds for two attorney positions and two auditor positions) State General Funds $768,532 $355,665 $768,532 31.5 Increase funds for the provision of e-Fax capabilities to local filers as required by HB143 (2014 Session). State General Funds $43,500 $43,500 $43,500 31.100-Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 76) 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 $2,637,624 $2,224,757 $2,637,624 State General Funds $2,637,624 $2,224,757 $2,637,624 TOTAL PUBLIC FUNDS $2,637,624 $2,224,757 $2,637,624 Georgia State Board of Accountancy Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 32.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,835 $3,835 $3,835 32.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,215 $2,215 $2,215 32.3 Increase funds for Board operations. State General Funds $680,922 $680,922 $431,044 FRIDAY, MARCH 20, 2015 1459 32.99 SAC: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. House: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. Governor: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. State General Funds $0 $0 $0 32.100-Georgia State Board of Accountancy Appropriation (HB 76) The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. TOTAL STATE FUNDS $686,972 $686,972 $437,094 State General Funds $686,972 $686,972 $437,094 TOTAL PUBLIC FUNDS $686,972 $686,972 $437,094 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 Section Total - Continuation $4,878,113 $4,878,113 $4,878,113 $4,878,113 $21,376,895 $21,376,895 $4,062,800 $4,062,800 $4,062,800 $4,062,800 $36,000 $36,000 $36,000 $36,000 $15,293,260 $15,293,260 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 1460 JOURNAL OF THE SENATE State Funds Transfers State Fund Transfers Not Itemized Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Section Total - Final $4,956,583 $4,956,583 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,010,906 $4,956,583 $4,956,583 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,010,906 $4,074,286 $4,074,286 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,128,609 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 FRIDAY, MARCH 20, 2015 1461 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 Merit System Assessments TOTAL PUBLIC FUNDS $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 33.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. Appropriation (HB 76) 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 Merit System Assessments TOTAL PUBLIC FUNDS $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 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. 1462 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 34.100-Fleet Management Appropriation (HB 76) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 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 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 35.100-Human Resources Administration Appropriation (HB 76) 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. FRIDAY, MARCH 20, 2015 1463 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 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 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 36.1 Reduce funds for the Peace Officer's Indemnification Trust. State General Funds ($666,667) 36.100 -Risk Management Appropriation (HB 76) 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 $333,333 State General Funds $1,000,000 $1,000,000 $333,333 1464 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,090,731 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 37.100 -State Purchasing Appropriation (HB 76) 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 FRIDAY, MARCH 20, 2015 1465 Surplus Property Continuation Budget The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 38.100 -Surplus Property Appropriation (HB 76) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 39.100 -Certificate of Need Appeal Panel Appropriation (HB 76) 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 1466 JOURNAL OF THE SENATE 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 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552 40.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $46,722 $46,722 $46,722 40.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,547 $19,547 $19,547 40.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,004 $8,004 $8,004 40.4 Reduce funds for telecommunications and information technology. State General Funds ($66,770) 40.100-Administrative Hearings, Office of State Appropriation (HB 76) 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 $3,074,020 $3,074,020 $3,007,250 State General Funds $3,074,020 $3,074,020 $3,007,250 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,300,805 $1,300,805 $1,300,805 FRIDAY, MARCH 20, 2015 1467 State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,300,805 $1,300,805 $4,374,825 $1,300,805 $1,300,805 $4,374,825 $1,300,805 $1,300,805 $4,308,055 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 41.100 -State Treasurer, Office of the Appropriation (HB 76) 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 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. 1468 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 42.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,894 $3,894 $3,894 42.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,792 $1,792 $1,792 42.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,489) ($1,489) ($1,489) 42.4 Reduce funds for flight hour operations. State General Funds ($148,860) 42.100 -Payments to Georgia Aviation Authority Appropriation (HB 76) 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 $843,057 $843,057 $694,197 State General Funds $843,057 $843,057 $694,197 TOTAL PUBLIC FUNDS $843,057 $843,057 $694,197 The Department is authorized to assess no more than $73.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $42,515,594 $42,515,594 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $42,515,594 $42,515,594 $6,837,012 FRIDAY, MARCH 20, 2015 1469 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 $6,837,012 $636,171 $636,171 $411,171 $225,000 $49,988,777 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 State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $45,636,660 $45,636,660 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $943,908 $636,171 $411,171 $225,000 $307,737 $307,737 $54,966,907 $46,108,240 $46,108,240 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $636,171 $636,171 $411,171 $225,000 $55,130,750 $45,968,311 $45,968,311 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $636,171 $636,171 $411,171 $225,000 $54,990,821 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 43.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $20,115 $20,115 $20,115 1470 JOURNAL OF THE SENATE 43.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,900 $18,900 $18,900 43.3 Increase funds for the employer share of health insurance ($29,820) and retiree health benefits ($17,448). State General Funds $47,268 $47,268 $47,268 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 76) 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 $2,996,556 $2,996,556 $2,996,556 State General Funds $2,996,556 $2,996,556 $2,996,556 TOTAL PUBLIC FUNDS $2,996,556 $2,996,556 $2,996,556 Consumer Protection Continuation Budget The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 FRIDAY, MARCH 20, 2015 1471 44.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $326,036 $326,036 $326,036 44.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $157,962 $157,962 $157,962 44.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($52,093) ($52,093) ($52,093) 44.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $969 $969 $969 44.5 Increase funds for personnel to reflect Consumer Protection inspector salary adjustments. State General Funds $260,000 $260,000 44.6 Increase funds for personnel for two manufactured food inspector positions and one seed scientist position. (S:Increase funds for personnel for one manufactured food inspector position and one seed scientist position) State General Funds $211,000 $160,525 44.7 Reduce funds for the lease savings from acquiring vehicles. State General Funds ($39,454) 44.100 -Consumer Protection Appropriation (HB 76) The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. 1472 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,891,471 $25,891,471 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,953,483 $26,362,471 $26,362,471 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $33,424,483 $26,272,542 $26,272,542 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $33,334,554 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 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 45.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $68,118 $68,118 $68,118 45.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,565 $30,565 $30,565 45.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,016) ($7,016) ($7,016) 45.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $144 $144 $144 45.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,616,627 $4,616,627 $4,616,627 FRIDAY, MARCH 20, 2015 1473 State General Funds TOTAL PUBLIC FUNDS $4,616,627 $4,616,627 $4,616,627 $4,616,627 $4,616,627 $4,616,627 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 46.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $44,189 $44,189 $44,189 46.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,087 $30,087 $30,087 46.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,720) ($7,720) ($7,720) 46.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $148 $148 $148 46.5 Reduce funds for marketing for the Georgia Grown program. State General Funds ($100,000) 1474 JOURNAL OF THE SENATE 46.100 -Marketing and Promotion Appropriation (HB 76) 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 $5,891,936 $5,891,936 $5,791,936 State General Funds $5,891,936 $5,891,936 $5,791,936 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $411,171 $411,171 $411,171 State Funds Transfers $411,171 $411,171 $411,171 State Fund Transfers Not Itemized $411,171 $411,171 $411,171 TOTAL PUBLIC FUNDS $6,303,107 $6,303,107 $6,203,107 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 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 47.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 76) 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 $2,830,399 $2,830,399 $2,830,399 State General Funds $2,830,399 $2,830,399 $2,830,399 TOTAL PUBLIC FUNDS $2,830,399 $2,830,399 $2,830,399 Soil and Water Conservation Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 48.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $30,489 $0 $0 FRIDAY, MARCH 20, 2015 1475 48.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,224 $0 $0 48.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,170 $0 $0 48.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($580) $0 $0 48.98 Transfer funds from the State Soil and Water Conservation Commission to the Department of Agriculture and transfer 51 positions from the Commission Administration, Conservation of Agricultural Water Supplies, and Conservation of Soil and Water Resources programs to the Department of Agriculture to consolidate soil and water conservation activities. State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Federal Fund Transfers Not Itemized Total Public Funds: $2,387,850 $0 $0 $359,145 $0 $0 $1,190,182 $0 $0 $307,737 $0 $0 $4,244,914 $0 $0 48.99 SAC: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. House: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. Governor: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. State General Funds $0 $0 $0 1476 JOURNAL OF THE SENATE 48.100 -Soil and Water Conservation Appropriation (HB 76) The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. TOTAL STATE FUNDS $2,436,153 $0 $0 State General Funds $2,436,153 $0 $0 TOTAL FEDERAL FUNDS $359,145 Federal Funds Not Itemized $359,145 TOTAL AGENCY FUNDS $1,190,182 Intergovernmental Transfers $1,190,182 Intergovernmental Transfers Not Itemized $1,190,182 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $307,737 Federal Funds Transfers $307,737 Federal Fund Transfers Not Itemized $307,737 TOTAL PUBLIC FUNDS $4,293,217 $0 $0 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 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 49.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,241 $7,241 $7,241 49.100-Payments to Georgia Agricultural Exposition Authority Appropriation (HB 76) 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 $973,518 $973,518 $973,518 FRIDAY, MARCH 20, 2015 1477 State General Funds TOTAL PUBLIC FUNDS $973,518 $973,518 $973,518 $973,518 $973,518 $973,518 Soil and Water Conservation Commission: Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 600.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,756 $9,756 600.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,820 $4,820 600.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,014 $1,014 600.4 Reduce funds for personnel and transfer consolidated savings from the Soil and Water Conservation Commission: Administration program to the Soil and Water Conservation Commission: Conservation of Agricultural Water program ($46,206) and the Soil and Water Conservation Commission: Conservation of Soil and Water Resources program ($255,794) for increased regional conservation district allotments. State General Funds ($302,000) $0 600.98 Transfer funds and eight positions from the State Soil and Water Conservation program to the Department of Agriculture Soil and Water Conservation Commission: Administration program. State General Funds $724,705 $724,705 600.99 SAC: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. House: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. State General Funds $0 $0 1478 JOURNAL OF THE SENATE 600.100-Soil and Water Conservation Commission: Administration Appropriation (HB 76) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $438,295 $740,295 State General Funds $438,295 $740,295 TOTAL PUBLIC FUNDS $438,295 $740,295 Soil and Water Conservation Commission: Conservation of Agricultural Water Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 601.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,049 $3,049 601.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,459 $1,459 601.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $317 $317 601.4 Increase funds and transfer consolidated savings from the Department of Agriculture - Soil and Water Conservation Commission: Administration program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of Agricultural Water program for allotments for soil and water regional conservation districts. State General Funds $46,206 $0 601.98 Transfer funds and ten positions from the State Soil and Water Conservation program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of Agricultural Water program. State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: $240,208 $192,737 $1,190,182 $1,623,127 $240,208 $192,737 $1,190,182 $1,623,127 FRIDAY, MARCH 20, 2015 1479 601.99 SAC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. House: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. State General Funds $0 $0 601.100-Soil and Water Conservation Commission: Conservation of Agricultural Water Appropriation (HB 76) 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 $291,239 $245,033 State General Funds $291,239 $245,033 TOTAL FEDERAL FUNDS $192,737 $192,737 Federal Funds Not Itemized $192,737 $192,737 TOTAL AGENCY FUNDS $1,190,182 $1,190,182 Intergovernmental Transfers $1,190,182 $1,190,182 Intergovernmental Transfers Not Itemized $1,190,182 $1,190,182 TOTAL PUBLIC FUNDS $1,674,158 $1,627,952 Soil and Water Conservation Commission: Conservation of Soil and Water Resources Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 602.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,684 $17,684 1480 JOURNAL OF THE SENATE 602.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,945 $8,945 602.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,839 $1,839 602.4 Increase funds and transfer consolidated savings from the Department of Agriculture - Soil and Water Conservation Commission: Administration program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of Agricultural Soil and Water Resources program for allotments for soil and water regional conservation districts. State General Funds $255,794 $0 602.5 Increase funds for resource conservation and development districts. State General Funds $50,000 602.98 Transfer funds and 33 positions from the State Soil and Water Conservation program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of Soil and Water Resources program. State General Funds Federal Funds Not Itemized Total Public Funds: $1,422,937 $166,408 $1,589,345 $1,422,937 $166,408 $1,589,345 602.99 SAC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. House: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. State General Funds $0 $0 FRIDAY, MARCH 20, 2015 1481 602.100 -Soil and Water Conservation Commission: Conservation of Soil and Water Resources Appropriation (HB 76) 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 $1,707,199 $1,501,405 State General Funds $1,707,199 $1,501,405 TOTAL FEDERAL FUNDS $166,408 $166,408 Federal Funds Not Itemized $166,408 $166,408 TOTAL PUBLIC FUNDS $1,873,607 $1,667,813 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 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 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 50.1 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one position. State General Funds ($227,776) ($227,776) ($227,776) 1482 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 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 51.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,648 $27,648 $27,648 51.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,397 $14,397 $14,397 51.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($905) ($905) ($905) 51.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,854 $3,854 $3,854 51.5 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one position. State General Funds $227,776 $227,776 $227,776 51.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. Appropriation (HB 76) TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,320,653 $2,320,653 $2,320,653 $2,320,653 $2,320,653 $2,320,653 $2,320,653 $2,320,653 $2,320,653 FRIDAY, MARCH 20, 2015 1483 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 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 52.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $108,967 $108,967 $108,967 52.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,817 $48,817 $48,817 52.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,251) ($5,251) ($5,251) 52.100 -Financial Institution Supervision Appropriation (HB 76) 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 $7,561,890 $7,561,890 $7,561,890 State General Funds $7,561,890 $7,561,890 $7,561,890 TOTAL PUBLIC FUNDS $7,561,890 $7,561,890 $7,561,890 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. 1484 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 53.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,022 $26,022 $26,022 53.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,512 $12,512 $12,512 53.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,389) ($1,389) ($1,389) 53.100 -Non-Depository Financial Institution Supervision Appropriation (HB 76) 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 $2,021,188 $2,021,188 $2,021,188 State General Funds $2,021,188 $2,021,188 $2,021,188 TOTAL PUBLIC FUNDS $2,021,188 $2,021,188 $2,021,188 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $968,833,425 $968,833,425 State General Funds $958,578,287 $958,578,287 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 $145,660,990 Federal Funds Not Itemized $5,739,979 $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,482,075 $47,482,075 $968,833,425 $958,578,287 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 FRIDAY, MARCH 20, 2015 1485 FFIND Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,146,401,168 Section Total - Final TOTAL STATE FUNDS $984,135,962 State General Funds $973,880,824 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 Federal Funds Not Itemized $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,482,075 FFIND Social Services Block Grant CFDA93.667 $40,481,142 Temporary Assistance for Needy Families $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $987,696,837 $977,441,699 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $988,676,837 $978,421,699 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 1486 JOURNAL OF THE SENATE 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 State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,161,703,705 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,165,264,580 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,166,244,580 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, have a chemical dependency and who need assistance for compulsive gambling. 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 FRIDAY, MARCH 20, 2015 1487 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 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $200,000 $234,903 $234,903 $300 $300 $89,492,683 54.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $114,531 $114,531 $114,531 54.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $415,784 $415,784 $415,784 54.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $24,210 $24,210 $24,210 54.100 -Adult Addictive Diseases Services Appropriation (HB 76) The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs, have a chemical dependency and who need assistance for compulsive gambling. TOTAL STATE FUNDS $45,207,774 $45,207,774 $45,207,774 State General Funds $45,207,774 $45,207,774 $45,207,774 TOTAL FEDERAL FUNDS $44,404,231 $44,404,231 $44,404,231 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $29,607,511 $29,607,511 $29,607,511 FFIND Social Services Block Grant CFDA93.667 $2,500,000 $2,500,000 $2,500,000 Temporary Assistance for Needy Families $528,000 $528,000 $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $528,000 $528,000 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 1488 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 $234,903 $234,903 $300 $300 $90,047,208 $234,903 $234,903 $300 $300 $90,047,208 $234,903 $234,903 $300 $300 $90,047,208 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 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 55.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,281,247 $1,281,247 $1,281,247 55.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $572,819 $572,819 $572,819 55.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($139,693) ($139,693) ($139,693) 55.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($4,988,014) ($4,988,014) ($4,988,014) FRIDAY, MARCH 20, 2015 1489 55.5 Increase funds for the establishment of intensive support coordination services for New Options Waivers (NOW) and the Comprehensive Supports Waiver Program (COMP). State General Funds $3,189,659 $3,189,659 $3,189,659 55.6 Increase funds to annualize the cost of the 250 FY2015 New Options Waivers (NOW) and Comprehensive Supports Waiver Program (COMP) 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 $6,927,540 $6,927,540 $6,927,540 55.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 55.8 Increase funds for 75 additional slots for the New Options Waiver (NOW) and the Comprehensive Supports Waiver Program (COMP). State General Funds $1,124,226 $1,124,226 55.9 Increase funds for additional supported employment slots for people with developmental disabilities. State General Funds $980,000 55.100-Adult Developmental Disabilities Services Appropriation (HB 76) 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 $284,455,734 $285,579,960 $286,559,960 State General Funds $274,200,596 $275,324,822 $276,304,822 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $42,980,753 $42,980,753 $42,980,753 Medical Assistance Program CFDA93.778 $12,336,582 $12,336,582 $12,336,582 FFIND Social Services Block Grant CFDA93.667 $30,644,171 $30,644,171 $30,644,171 TOTAL AGENCY FUNDS $12,960,000 $12,960,000 $12,960,000 Sales and Services $12,960,000 $12,960,000 $12,960,000 Sales and Services Not Itemized $12,960,000 $12,960,000 $12,960,000 TOTAL PUBLIC FUNDS $340,396,487 $341,520,713 $342,500,713 1490 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 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 56.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $817,756 $817,756 $817,756 56.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $528,754 $528,754 $528,754 56.3 Increase funds for personnel for the employee retention plan for health services technicians and forensic services technicians. State General Funds $1,049,649 $1,049,649 56.100 -Adult Forensic Services Appropriation (HB 76) 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 $90,050,424 $91,100,073 $91,100,073 State General Funds $90,050,424 $91,100,073 $91,100,073 TOTAL AGENCY FUNDS $26,500 $26,500 $26,500 Sales and Services $26,500 $26,500 $26,500 Sales and Services Not Itemized $26,500 $26,500 $26,500 TOTAL PUBLIC FUNDS $90,076,924 $91,126,573 $91,126,573 FRIDAY, MARCH 20, 2015 1491 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567 57.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,078,419 $1,078,419 $1,078,419 57.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,579,464 $1,579,464 $1,579,464 57.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $48,313 $48,313 $48,313 57.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($791,202) ($791,202) ($791,202) 57.5 Increase funds to annualize the cost of three behavioral health crisis centers (BHCC) 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 $2,313,015 $2,313,015 $2,313,015 1492 JOURNAL OF THE SENATE 57.6 Utilize existing funds for community-based crisis stabilization and inpatient hospital beds in Metro Atlanta. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 57.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 57.8 Increase funds for eight inpatient Crisis Stabilization Unit beds in Fulton County. State General Funds $1,387,000 $1,387,000 57.100 -Adult Mental Health Services Appropriation (HB 76) 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 $350,330,528 $351,717,528 $351,717,528 State General Funds $350,330,528 $351,717,528 $351,717,528 TOTAL FEDERAL FUNDS $11,858,953 $11,858,953 $11,858,953 Federal Funds Not Itemized $3,062,355 $3,062,355 $3,062,355 Community Mental Health Services Block Grant CFDA93.958 $6,726,178 $6,726,178 $6,726,178 Medical Assistance Program CFDA93.778 $2,070,420 $2,070,420 $2,070,420 TOTAL AGENCY FUNDS $2,220,095 $2,220,095 $2,220,095 Sales and Services $2,220,095 $2,220,095 $2,220,095 Sales and Services Not Itemized $2,220,095 $2,220,095 $2,220,095 TOTAL PUBLIC FUNDS $364,409,576 $365,796,576 $365,796,576 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 $3,277,358 $3,277,358 $8,114,223 $236,074 $3,277,358 $3,277,358 $8,114,223 $236,074 $3,277,358 $3,277,358 $8,114,223 $236,074 FRIDAY, MARCH 20, 2015 1493 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $7,878,149 $11,391,581 $7,878,149 $11,391,581 58.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,041 $4,041 $7,878,149 $11,391,581 $4,041 58.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 76) 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 $3,281,399 $3,281,399 $3,281,399 State General Funds $3,281,399 $3,281,399 $3,281,399 TOTAL FEDERAL FUNDS $8,114,223 $8,114,223 $8,114,223 Medical Assistance Program CFDA93.778 $236,074 $236,074 $236,074 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $7,878,149 $7,878,149 $7,878,149 TOTAL PUBLIC FUNDS $11,395,622 $11,395,622 $11,395,622 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 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 59.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,945 $6,945 $6,945 59.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,820 $10,820 $10,820 1494 JOURNAL OF THE SENATE 59.100-Child and Adolescent Developmental Disabilities Appropriation (HB 76) 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 $8,840,683 $8,840,683 $8,840,683 State General Funds $8,840,683 $8,840,683 $8,840,683 TOTAL FEDERAL FUNDS $3,588,692 $3,588,692 $3,588,692 Medical Assistance Program CFDA93.778 $3,588,692 $3,588,692 $3,588,692 TOTAL PUBLIC FUNDS $12,429,375 $12,429,375 $12,429,375 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 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 60.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $23,550 $23,550 $23,550 60.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,443 $13,443 $13,443 60.100 -Child and Adolescent Forensic Services Appropriation (HB 76) 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 $5,230,226 $5,230,226 $5,230,226 State General Funds $5,230,226 $5,230,226 $5,230,226 TOTAL PUBLIC FUNDS $5,230,226 $5,230,226 $5,230,226 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. FRIDAY, MARCH 20, 2015 1495 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 $49,231,759 $49,231,759 $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 $62,226,055 $49,231,759 $49,231,759 $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 $62,226,055 $49,231,759 $49,231,759 $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 $62,226,055 61.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $75,594 $75,594 $75,594 61.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,290 $35,290 $35,290 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 76) 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 $49,342,643 $49,342,643 $49,342,643 State General Funds $49,342,643 $49,342,643 $49,342,643 TOTAL FEDERAL FUNDS $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 Medical Assistance Program CFDA93.778 $2,886,984 $2,886,984 $2,886,984 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 1496 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,536,683 $2,536,683 $48,098 $48,098 $62,336,939 $2,536,683 $2,536,683 $48,098 $48,098 $62,336,939 $2,536,683 $2,536,683 $48,098 $48,098 $62,336,939 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 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $37,183,252 $37,183,252 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 62.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $212,306 $212,306 $212,306 62.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $172,581 $172,581 $172,581 62.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $87,199 $87,199 $87,199 62.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,721 $9,721 $9,721 FRIDAY, MARCH 20, 2015 1497 62.5 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental Administration program to the Governor's Office program for the Disability Services Ombudsman to promote the safety, wellbeing, and rights of consumers. State General Funds ($279,154) ($279,154) ($279,154) 62.100-Departmental Administration-Behavioral Health Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. TOTAL STATE FUNDS $37,385,905 $37,385,905 $37,385,905 State General Funds $37,385,905 $37,385,905 $37,385,905 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 $49,123,622 $49,123,622 $49,123,622 Direct Care Support Services The purpose of this appropriation is to operate five 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 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 1498 JOURNAL OF THE SENATE 63.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,204,130 $1,204,130 $1,204,130 63.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $740,882 $740,882 $740,882 63.100 -Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals. TOTAL STATE FUNDS $108,858,524 State General Funds $108,858,524 TOTAL AGENCY FUNDS $11,153,331 Royalties and Rents $668,024 Royalties and Rents Not Itemized $668,024 Sales and Services $10,485,307 Sales and Services Not Itemized $10,485,307 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,419,710 State Funds Transfers $2,419,710 State Fund Transfers Not Itemized $2,357,130 Agency to Agency Contracts $62,580 TOTAL PUBLIC FUNDS $122,431,565 Appropriation (HB 76) $108,858,524 $108,858,524 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 $108,858,524 $108,858,524 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 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 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 64.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $267 $267 $267 FRIDAY, MARCH 20, 2015 1499 64.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $193 $193 $193 64.100-Substance Abuse Prevention Appropriation (HB 76) 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 $234,588 $234,588 $234,588 State General Funds $234,588 $234,588 $234,588 TOTAL FEDERAL FUNDS $9,996,415 $9,996,415 $9,996,415 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,996,415 $9,996,415 $9,996,415 TOTAL PUBLIC FUNDS $10,231,003 $10,231,003 $10,231,003 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 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 65.100-Developmental Disabilities, Georgia Council on Appropriation (HB 76) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $244,153 $244,153 $244,153 State General Funds $244,153 $244,153 $244,153 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 $2,921,777 $2,921,777 $2,921,777 Sexual Offender Review Board Continuation Budget The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. 1500 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 66.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,643 $8,643 $8,643 66.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,484 $3,484 $3,484 66.100 -Sexual Offender Review Board Appropriation (HB 76) 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 STATE FUNDS $673,381 $673,381 $673,381 State General Funds $673,381 $673,381 $673,381 TOTAL PUBLIC FUNDS $673,381 $673,381 $673,381 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 Section Total - Continuation $64,428,953 $64,428,953 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,110,483 $13,110,483 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $1,603,158 $1,603,158 $70,386 $70,386 $60,480 $60,480 $60,480 $60,480 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 FRIDAY, MARCH 20, 2015 1501 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $9,906 $9,906 $250,502,286 $9,906 $9,906 $250,502,286 $9,906 $9,906 $250,502,286 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 $64,620,515 $64,620,515 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,693,848 $64,298,143 $64,298,143 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,371,476 $64,623,143 $64,623,143 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,696,476 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 $240,794 $240,794 $75,116 $75,116 $240,794 $240,794 $75,116 $75,116 $240,794 $240,794 $75,116 $75,116 1502 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $257,804 $257,804 $257,804 $573,714 $257,804 $257,804 $257,804 $573,714 $257,804 $257,804 $257,804 $573,714 67.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,103 $4,103 $4,103 67.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,938 $1,938 $1,938 67.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $131 $131 $131 67.100 -Building Construction Appropriation (HB 76) 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 $246,966 $246,966 $246,966 State General Funds $246,966 $246,966 $246,966 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 $579,886 $579,886 $579,886 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 FRIDAY, MARCH 20, 2015 1503 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 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 68.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,013 $17,013 $17,013 68.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,944 $8,944 $8,944 68.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $566 $566 $566 68.4 Increase funds for environmental program activities. State General Funds $50,000 $50,000 68.100 -Coordinated Planning Appropriation (HB 76) 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 $3,698,704 $3,748,704 $3,748,704 State General Funds $3,698,704 $3,748,704 $3,748,704 1504 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $126,906 $126,906 $126,906 $3,825,610 $126,906 $126,906 $126,906 $3,875,610 $126,906 $126,906 $126,906 $3,875,610 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 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 69.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,183 $2,183 $2,183 69.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $862 $862 $862 69.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,689 $3,689 $3,689 FRIDAY, MARCH 20, 2015 1505 69.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,123,583 $1,123,583 $1,123,583 State General Funds $1,123,583 $1,123,583 $1,123,583 TOTAL FEDERAL FUNDS $3,216,000 $3,216,000 $3,216,000 Federal Funds Not Itemized $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 $6,564,264 $6,564,264 $6,564,264 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 1506 JOURNAL OF THE SENATE 70.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,410 $19,410 $19,410 70.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,121 $10,121 $10,121 70.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $720 $720 $720 70.100-Federal Community and Economic Development Programs Appropriation (HB 76) 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 $1,604,758 $1,604,758 $1,604,758 State General Funds $1,604,758 $1,604,758 $1,604,758 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 $305,415 $305,415 $305,415 Intergovernmental Transfers $275,415 $275,415 $275,415 Intergovernmental Transfers Not Itemized $275,415 $275,415 $275,415 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $54,183,001 $54,183,001 $54,183,001 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 $0 $0 $0 $0 $0 $0 FRIDAY, MARCH 20, 2015 1507 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 71.100 -Homeownership Programs Appropriation (HB 76) 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 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 1508 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,650 $13,650 $1,329,194 $13,650 $13,650 $1,329,194 $13,650 $13,650 $1,329,194 72.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,179 $15,179 $15,179 72.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,175 $7,175 $7,175 72.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $393 $393 $393 72.100 -Regional Services Appropriation (HB 76) 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 $1,055,291 $1,055,291 $1,055,291 State General Funds $1,055,291 $1,055,291 $1,055,291 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 $1,351,941 $1,351,941 $1,351,941 Rental Housing Programs Continuation Budget 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 FRIDAY, MARCH 20, 2015 1509 researching affordable housing issues, and by providing tenant-based assistance to low-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $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 76) 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 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. 1510 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 74.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,441 $5,441 $5,441 74.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,730 $2,730 $2,730 74.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $174 $174 $174 74.100-Research and Surveys Appropriation (HB 76) 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 $396,775 $396,775 $396,775 State General Funds $396,775 $396,775 $396,775 TOTAL PUBLIC FUNDS $396,775 $396,775 $396,775 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 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 FRIDAY, MARCH 20, 2015 1511 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $300,000 $476,725 $476,725 $60,480 $60,480 $60,480 $5,503,057 $300,000 $476,725 $476,725 $60,480 $60,480 $60,480 $5,503,057 $300,000 $476,725 $476,725 $60,480 $60,480 $60,480 $5,503,057 75.100 -Special Housing Initiatives Appropriation (HB 76) 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 $60,480 $60,480 $60,480 Agency to Agency Contracts $60,480 $60,480 $60,480 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 $750,313 $750,313 $55,284 $750,313 $750,313 $55,284 $750,313 $750,313 $55,284 1512 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $55,284 $55,284 $805,597 $55,284 $55,284 $805,597 $55,284 $55,284 $805,597 76.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,564 $9,564 $9,564 76.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,086 $4,086 $4,086 76.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $262 $262 $262 76.100-State Community Development Programs Appropriation (HB 76) 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 $764,225 $764,225 $764,225 State General Funds $764,225 $764,225 $764,225 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 $819,509 $819,509 $819,509 State Economic Development Programs 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 $21,089,109 $21,089,109 $95,000 $95,000 $21,089,109 $21,089,109 $95,000 $95,000 $21,089,109 $21,089,109 $95,000 $95,000 FRIDAY, MARCH 20, 2015 1513 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696 77.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,381 $2,381 $2,381 77.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $554 $554 $554 77.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $109 $109 $109 77.100-State Economic Development Programs Appropriation (HB 76) 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 $21,092,153 $21,092,153 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,427,740 $21,092,153 $21,092,153 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,427,740 $21,092,153 $21,092,153 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,427,740 1514 JOURNAL OF THE SENATE 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 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 78.1 Increase funds for the Metropolitan North Georgia Water Planning District. State General Funds $500,000 $500,000 78.2 Increase funds for the Georgia Rural Water Association. State General Funds $25,000 78.100-Payments to Georgia Environmental Finance Authority Appropriation (HB 76) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $348,495 $848,495 $873,495 State General Funds $348,495 $848,495 $873,495 TOTAL PUBLIC FUNDS $348,495 $848,495 $873,495 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 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 79.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $48,264 $48,264 $48,264 79.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $26,206 $26,206 $26,206 FRIDAY, MARCH 20, 2015 1515 79.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($837) ($837) ($837) 79.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $201 $201 $201 79.5 Reduce funds to meet projected expenditures. State General Funds ($872,372) ($572,372) 79.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 76) 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 $11,326,673 $10,454,301 $10,754,301 State General Funds $11,326,673 $10,454,301 $10,754,301 TOTAL PUBLIC FUNDS $11,326,673 $10,454,301 $10,754,301 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 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 80.1 Utilize existing funds for special projects. (S:YES) State General Funds $0 80.2 Utilize existing funds for credit enhancement for disadvantaged small businesses who are contracting or are attempting to contract with the Department of Transportation (Total Funds $5,000,000). (S:YES) State General Funds $0 1516 JOURNAL OF THE SENATE 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 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 Appropriation (HB 76) $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 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 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 Agency to Agency Contracts Health Insurance Payments Section Total - Continuation $3,068,589,491 $3,068,589,491 $2,526,647,599 $2,526,647,599 $109,968,257 $109,968,257 $167,756,401 $167,756,401 $264,217,234 $264,217,234 $6,513,205,963 $6,513,205,963 $26,643,401 $26,643,401 $6,153,947,877 $6,153,947,877 $332,614,685 $332,614,685 $220,087,828 $220,087,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $1,168,519 $1,168,519 $3,172,973,226 $3,172,973,226 $3,068,589,491 $2,526,647,599 $109,968,257 $167,756,401 $264,217,234 $6,513,205,963 $26,643,401 $6,153,947,877 $332,614,685 $220,087,828 $214,057,828 $214,057,828 $330,000 $330,000 $2,400,000 $2,400,000 $3,300,000 $3,300,000 $3,454,999,007 $3,454,999,007 $1,168,519 $3,172,973,226 FRIDAY, MARCH 20, 2015 1517 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $280,857,262 $280,857,262 $280,857,262 $13,256,882,289 $13,256,882,289 $13,256,882,289 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 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 Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS Section Total - Final $3,062,325,153 $3,035,257,233 $3,048,904,898 $2,512,132,321 $2,485,064,401 $2,498,712,066 $109,968,257 $109,968,257 $109,968,257 $167,969,114 $167,969,114 $167,969,114 $272,255,461 $272,255,461 $272,255,461 $6,975,127,110 $6,919,616,389 $6,944,108,414 $26,643,401 $26,643,401 $26,643,401 $6,522,902,731 $6,467,392,010 $6,491,884,035 $425,580,978 $425,580,978 $425,580,978 $221,287,828 $221,287,828 $221,287,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,400,123,480 $3,501,948,480 $3,501,948,480 $3,400,123,480 $3,501,948,480 $3,501,948,480 $1,168,519 $1,168,519 $1,168,519 $3,118,097,699 $3,219,922,699 $3,219,922,699 $280,857,262 $280,857,262 $280,857,262 $13,658,863,571 $13,678,109,930 $13,716,249,620 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 $66,857,380 $66,857,380 $296,140,528 $66,857,380 $66,857,380 $296,140,528 $66,857,380 $66,857,380 $296,140,528 1518 JOURNAL OF THE SENATE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments TOTAL PUBLIC FUNDS $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 81.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $195,109 $195,109 $195,109 81.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,581 $101,581 $101,581 81.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,883 $8,883 $8,883 81.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $37,378 $37,378 $37,378 81.5 Reduce funds for operations. State General Funds ($82,725) $0 ($82,725) 81.6 Eliminate funds for contracts. State General Funds ($2,000,000) ($2,000,000) FRIDAY, MARCH 20, 2015 1519 81.7 Reduce funds. State General Funds ($25) 81.8 Increase funds for personnel for additional audit staff to review presumptive eligibility determinations. State General Funds ($25) $100,000 81.100-Departmental Administration and Program Support Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $67,117,606 $65,200,306 $65,217,581 State General Funds $67,117,606 $65,200,306 $65,217,581 TOTAL FEDERAL FUNDS $296,140,528 $296,140,528 $296,140,528 Federal Funds Not Itemized $1,921,233 $1,921,233 $1,921,233 Medical Assistance Program CFDA93.778 $267,962,627 $267,962,627 $267,962,627 State Children's Insurance Program CFDA93.767 $26,256,668 $26,256,668 $26,256,668 TOTAL AGENCY FUNDS $3,630,000 $3,630,000 $3,630,000 Rebates, Refunds, and Reimbursements $330,000 $330,000 $330,000 Rebates, Refunds, and Reimbursements Not Itemized $330,000 $330,000 $330,000 Sanctions, Fines, and Penalties $3,300,000 $3,300,000 $3,300,000 Sanctions, Fines, and Penalties Not Itemized $3,300,000 $3,300,000 $3,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,480,104 $22,480,104 $22,480,104 State Funds Transfers $22,480,104 $22,480,104 $22,480,104 Agency to Agency Contracts $1,168,519 $1,168,519 $1,168,519 Health Insurance Payments $21,311,585 $21,311,585 $21,311,585 TOTAL PUBLIC FUNDS $389,368,238 $387,450,938 $387,468,213 Georgia Board of Dentistry Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 1520 JOURNAL OF THE SENATE 82.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,669 $5,669 $5,669 82.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,732 $3,732 $3,732 82.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $258 $258 $258 82.4 Reduce funds for operations. State General Funds ($4,999) $0 ($4,999) 82.100 -Georgia Board of Dentistry Appropriation (HB 76) The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS $807,630 $812,629 $807,630 State General Funds $807,630 $812,629 $807,630 TOTAL PUBLIC FUNDS $807,630 $812,629 $807,630 Georgia State Board of Pharmacy Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 83.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,284 $2,284 $2,284 83.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,865 $3,865 $3,865 FRIDAY, MARCH 20, 2015 1521 83.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $104 $104 $104 83.4 Reduce funds for operations. State General Funds ($4,999) $0 ($4,999) 83.100 -Georgia State Board of Pharmacy Appropriation (HB 76) The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. TOTAL STATE FUNDS $745,827 $750,826 $745,827 State General Funds $745,827 $750,826 $745,827 TOTAL PUBLIC FUNDS $745,827 $750,826 $745,827 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 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 84.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,620 $18,620 $18,620 84.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,474 $15,474 $15,474 1522 JOURNAL OF THE SENATE 84.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $848 $848 $848 84.4 Eliminate funds for one-time funding of Federally Qualified Health Centers (FQHC) start-up grants. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 84.5 Increase funds for one-time funding for one Federally Qualified Health Center (FQHC) start-up grant (Wheeler County). State General Funds $250,000 $250,000 84.6 Increase funds for the Rural Hospital Stabilization Committee's grants to critical access hospitals and other rural health care providers. (S:Submit a report to the General Assembly that includes funding structure, goals, performance measures, partnership documentation, a mechanism for how the rural hospital stabilization will increase access to obstetric care, and add additional site) State General Funds $3,000,000 $4,000,000 84.7 Increase funds for increased capacity and expansion of services in charity clinics. State General Funds $1,000,000 84.100 -Health Care Access and Improvement Appropriation (HB 76) 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 $6,912,932 $10,162,932 $12,162,932 State General Funds $6,912,932 $10,162,932 $12,162,932 TOTAL FEDERAL FUNDS $16,446,551 $16,446,551 $16,446,551 Federal Funds Not Itemized $16,030,301 $16,030,301 $16,030,301 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $23,359,483 $26,609,483 $28,609,483 Healthcare Facility Regulation Continuation Budget The purpose of this appropriation is to inspect and license long term care and health care facilities. FRIDAY, MARCH 20, 2015 1523 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 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 85.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $96,187 $96,187 $96,187 85.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $46,703 $46,703 $46,703 85.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,379 $4,379 $4,379 85.4 Increase funds to replace funds lost as a result of updates to the cost allocation plan. State General Funds $2,895,661 $2,895,661 $2,895,661 85.5 Increase funds for personnel for eight additional nurse surveyors. (S:Increase funds for personnel for four additional nurse surveyors) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $410,922 $410,922 $821,844 $410,922 $410,922 $821,844 $205,461 $205,461 $410,922 85.100-Healthcare Facility Regulation Appropriation (HB 76) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $10,929,096 $10,929,096 $10,723,635 1524 JOURNAL OF THE SENATE 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 $10,929,096 $9,638,318 $5,904,653 $3,733,665 $100,000 $100,000 $100,000 $20,667,414 $10,929,096 $9,638,318 $5,904,653 $3,733,665 $100,000 $100,000 $100,000 $20,667,414 $10,723,635 $9,432,857 $5,904,653 $3,528,204 $100,000 $100,000 $100,000 $20,256,492 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 TOTAL PUBLIC FUNDS $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 86.1 Convene a task force of state legislators, Georgia hospital representatives, Governor's Office representatives, and the Commissioner of the Department of Community Health to develop and submit a plan to the General Assembly by August 1, 2015 to continue supporting uncompensated hospital care for poor and uninsured Georgians once the federal Disproportionate Share Hospital (DSH) funds have been reduced. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 86.2 Increase funds to reflect actual funds available. Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 FRIDAY, MARCH 20, 2015 1525 86.100 -Indigent Care Trust Fund Appropriation (HB 76) 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 TOTAL PUBLIC FUNDS $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. 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 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 Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 1526 JOURNAL OF THE SENATE 87.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,607,849 $7,223,281 $10,831,130 $3,607,849 $7,223,281 $10,831,130 $3,607,849 $7,223,281 $10,831,130 87.2 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($34,051,657) $34,051,657 $0 ($34,051,657) $34,051,657 $0 ($34,051,657) $34,051,657 $0 87.3 Increase funds for new Hepatitis C drugs. (H and S:YES; Utilize existing funds for new Hepatitis C drugs) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $22,832,100 $0 $0 $47,205,017 $0 $0 $70,037,117 $0 $0 87.4 Increase funds for changes in rate calculations for nursing facility operator changes that occur after January 1, 2012 as directed by HB744 (2014 Session). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $8,749,685 $18,089,840 $26,839,525 $8,749,685 $18,089,840 $26,839,525 $8,749,685 $18,089,840 $26,839,525 87.5 Increase funds for one-time funding for start-up costs for a voluntary case management program intended to improve the health outcomes of members. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $12,111,228 $0 $0 $25,039,778 $0 $0 $37,151,006 $0 $0 87.6 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 FRIDAY, MARCH 20, 2015 1527 87.7 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,583,000 $5,340,313 $7,923,313 $2,583,000 $5,340,313 $7,923,313 $2,583,000 $5,340,313 $7,923,313 87.8 Increase funds to restore funds for unachievable savings from the implementation of case management. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $4,150,677 $8,581,461 $12,732,138 $4,150,677 $8,581,461 $12,732,138 $4,150,677 $8,581,461 $12,732,138 87.9 Increase funds to reflect projected Nursing Home Provider Fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $439,781 $212,713 $652,494 $439,781 $212,713 $652,494 $439,781 $212,713 $652,494 87.10 Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in the Independent Care Waiver Program (ICWP). Medical Assistance Program CFDA93.778 $2,991,117 $2,991,117 $2,991,117 87.11 Provide coverage of skilled nursing services in the Independent Care Waiver Program (ICWP) for individuals with severe physical disabilities who were previously receiving this service through the Georgia Pediatric Program (GAPP) waiver. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 87.12 Increase funds to provide a $.50 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP). (S:Increase funds to provide a $1.00 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP) for Direct Support Professionals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,329,428 $2,748,200 $4,077,628 $2,658,856 $5,496,400 $8,155,256 1528 JOURNAL OF THE SENATE 87.13 Increase funds to update nursing home reimbursement rates and fair rental value to reflect 2014 cost reports. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $4,500,000 $9,303,681 $13,803,681 87.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 76) 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 STATE FUNDS $1,614,425,292 $1,580,811,392 $1,586,640,820 State General Funds $1,417,836,030 $1,384,222,130 $1,390,051,558 Nursing Home Provider Fees $167,969,114 $167,969,114 $167,969,114 Hospital Provider Fee $28,620,148 $28,620,148 $28,620,148 TOTAL FEDERAL FUNDS $3,406,559,939 $3,337,063,344 $3,349,115,225 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $3,403,772,725 $3,334,276,130 $3,346,328,011 TOTAL AGENCY FUNDS $62,342,988 $62,342,988 $62,342,988 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $5,350,616,851 $5,247,506,356 $5,265,387,665 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 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 FRIDAY, MARCH 20, 2015 1529 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 88.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $24,154,611 $48,359,980 $72,514,591 $24,154,611 $48,359,980 $72,514,591 $24,154,611 $48,359,980 $72,514,591 88.2 Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA) requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $15,194,943 $31,415,312 $46,610,255 $15,194,943 $31,415,312 $46,610,255 $6,161,400 $12,738,600 $18,900,000 88.3 Increase funds to account for the continued implementation of 12-month eligibility reviews as required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $37,858,099 $78,271,039 $116,129,138 $37,858,099 $78,271,039 $116,129,138 $37,858,099 $78,271,039 $116,129,138 88.4 Increase funds for the increased percentage of Medicaid-eligible individuals enrolling due to the Patient Protection and Affordable Care Act (PPACA), also known as the "Woodwork Effect." State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,844,224 $5,694,425 $8,538,649 $2,844,224 $5,694,425 $8,538,649 $2,844,224 $5,694,425 $8,538,649 1530 JOURNAL OF THE SENATE 88.5 Reduce funds to eliminate one-time funding for the increase in state premium tax liability caused by the primary care provider (PCP) rate increase required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,100,000) ($2,202,312) ($3,302,312) ($1,100,000) ($2,202,312) ($3,302,312) ($1,100,000) ($2,202,312) ($3,302,312) 88.6 Reduce funds to eliminate one-time funds for foster care run-out claims. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($4,800,000) ($9,610,087) ($14,410,087) ($4,800,000) ($9,610,087) ($14,410,087) ($4,800,000) ($9,610,087) ($14,410,087) 88.7 Increase funds to restore funds that were transferred to the Department of Public Health in HB744 (2014 Session) for Georgia Center for Oncology Research and Education (CORE). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $225,000 $465,184 $690,184 $225,000 $465,184 $690,184 $225,000 $465,184 $690,184 88.8 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $327,030 $676,130 $1,003,160 $327,030 $676,130 $1,003,160 $327,030 $676,130 $1,003,160 88.9 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($26,269,120) $26,269,120 $0 ($28,636,720) $28,636,720 $0 ($28,636,720) $28,636,720 $0 88.10 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22% for children ages 6 to 19 with household incomes between 100% and 138% of the federal poverty line (FPL) who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014, as required by the Patient Protection and Affordable Care Act (PPACA). FRIDAY, MARCH 20, 2015 1531 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($18,943,200) $18,943,200 $0 ($18,943,200) $18,943,200 $0 ($18,943,200) $18,943,200 $0 88.11 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,764,000 $3,647,043 $5,411,043 $1,764,000 $3,647,043 $5,411,043 $1,764,000 $3,647,043 $5,411,043 88.12 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse School of Medicine Grant program to increase the operating grant for medical education. State General Funds ($8,038,227) ($8,038,227) ($8,038,227) 88.13 Increase funds to reflect projected Hospital Provider Payment revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $16,618,911 $8,038,227 $24,657,138 $16,618,911 $8,038,227 $24,657,138 $16,618,911 $8,038,227 $24,657,138 88.14 Increase funds for increased reimbursement rates for select OB/GYN codes to the 2014 Medicare fee schedule. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,957,049 $6,113,653 $9,070,702 $5,914,098 $12,227,306 $18,141,404 88.15 Increase funds to provide reimbursement for rotary wing air ambulance adult transports at the pediatric rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 88.16 Increase funds for increased reimbursement rates for select primary care codes. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,552,973 $3,210,748 $4,763,721 $13,584,388 $28,085,513 $41,669,901 1532 JOURNAL OF THE SENATE 88.100 -Medicaid: Low-Income Medicaid Appropriation (HB 76) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,272,872,988 $1,275,515,410 $1,281,470,331 State General Funds $921,096,638 $923,739,060 $929,693,981 Tobacco Settlement Funds $109,968,257 $109,968,257 $109,968,257 Hospital Provider Fee $241,808,093 $241,808,093 $241,808,093 TOTAL FEDERAL FUNDS $2,589,941,495 $2,602,667,238 $2,614,978,944 Medical Assistance Program CFDA93.778 $2,589,941,495 $2,602,667,238 $2,614,978,944 TOTAL AGENCY FUNDS $12,328,316 $12,328,316 $12,328,316 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,888,559,646 $3,903,927,811 $3,922,194,438 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 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 89.1 Increase funds for projected growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $5,328,287 $17,520,287 $22,848,574 $5,328,287 $17,520,287 $22,848,574 $5,328,287 $17,520,287 $22,848,574 FRIDAY, MARCH 20, 2015 1533 89.2 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22%, as authorized by the Patient Protection and Affordable Care Act (PPACA). State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($74,650,629) $74,650,629 $0 ($74,650,629) $74,650,629 $0 ($74,650,629) $74,650,629 $0 89.3 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $9,288 $151,404 $160,692 $9,288 $151,404 $160,692 $9,288 $151,404 $160,692 89.4 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $39,505 $643,973 $683,478 $39,505 $643,973 $683,478 $39,505 $643,973 $683,478 89.100 -PeachCare Appropriation (HB 76) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $24,648,601 $24,648,601 $24,648,601 State General Funds $22,821,381 $22,821,381 $22,821,381 Hospital Provider Fee $1,827,220 $1,827,220 $1,827,220 TOTAL FEDERAL FUNDS $399,324,310 $399,324,310 $399,324,310 State Children's Insurance Program CFDA93.767 $399,324,310 $399,324,310 $399,324,310 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $424,124,694 $424,124,694 $424,124,694 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. 1534 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 90.1 Increase funds to annualize the cost of a pilot program to provide coverage for the treatment of autism spectrum disorders (ASDs) effective January 1, 2015. Health Insurance Payments $2,410,661 $2,410,661 $2,410,661 90.2 Increase funds to annualize the cost for providing coverage for hearing aids for children effective January 1, 2015. Health Insurance Payments $853,980 $853,980 $853,980 90.3 Increase funds to annualize the cost of the bariatric surgery pilot program effective January 1, 2015. (H and S:NO; Annualize funds at the current level for the bariatric surgery pilot program) Health Insurance Payments $5,400,000 $3,000,000 $3,000,000 90.4 Increase funds for members requiring treatment with the new Hepatitis C drugs. (H and S:YES; Utilize existing funds for members requiring treatment with the new Hepatitis C drugs) Health Insurance Payments $15,400,000 $0 $0 90.5 Reduce funds to reflect a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments ($4,924,000) ($4,924,000) ($4,924,000) 90.6 Increase funds to account for limits imposed on cost sharing by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $46,470,000 $46,470,000 $46,470,000 90.7 Increase funds to account for the projected increased enrollment due to the individual mandate and auto-enrollment of new employees as required by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $14,155,000 $14,155,000 $14,155,000 FRIDAY, MARCH 20, 2015 1535 90.8 Reduce funds to reflect savings from removing copayments from health reimbursement arrangement (HRA) plans. Health Insurance Payments ($58,000,000) ($58,000,000) ($58,000,000) 90.9 Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes. Health Insurance Payments ($174,853,282) ($174,853,282) ($174,853,282) 90.10 Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities. Health Insurance Payments $98,212,114 $115,012,114 $115,012,114 90.11 Delay the implementation of the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 per member per month to $746.20 per member per month, deferring the collection of an estimated $102,825,000 in revenue for the SHBP. (G:YES)(H:NO; Increase funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month)(S:NO; Increase funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month and follow O.C.G.A. 20-2-910 et seq.) Health Insurance Payments $0 $102,825,000 $102,825,000 90.12 Effective January 1, 2016, eliminate SHBP coverage for non-certificated public school employees, as defined in O.C.G.A. 202-910, who work, on average, fewer than 30 hours per week. (G:YES)(H and S:NO; Maintain SHBP coverage for noncertificated public school employees as defined in O.C.G.A. 20-2-910) Health Insurance Payments $0 $0 $0 90.13 The State Health Benefit Plan shall adopt an emerging technology program allowing members to receive routine episodic care through a consumer oriented telemedicine vendor. (H:YES)(S:YES) Health Insurance Payments $0 $0 90.100-State Health Benefit Plan Appropriation (HB 76) 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. 1536 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $3,096,786,114 $3,096,786,114 $3,096,786,114 $3,096,786,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 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 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 91.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,793 $4,793 $4,793 91.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,471 $3,471 $3,471 91.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $218 $218 $218 91.4 Eliminate funds for personnel for two vacant positions and transfer savings from the Georgia Board for Physician Workforce: Board Administration program to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties. (H and S:Eliminate one vacant position and transfer savings to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties) State General Funds ($96,006) ($44,806) ($44,806) 91.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $608,258 State General Funds $608,258 TOTAL PUBLIC FUNDS $608,258 Appropriation (HB 76) $659,458 $659,458 $659,458 $659,458 $659,458 $659,458 FRIDAY, MARCH 20, 2015 1537 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 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 92.1 Increase funds for 11 new residency slots in primary care specialties. State General Funds $172,768 $172,768 $172,768 92.2 Transfer funds from the Georgia Board for Physician Workforce: Physicians for Rural Areas program to the Georgia Board for Physician Workforce: Graduate Medical Education program to align budget expenditures and fund three new residency slots in primary care specialties. State General Funds $40,000 $40,000 $40,000 92.3 Transfer funds from the Georgia Board for Physician Workforce: Board Administration program to the Georgia Board for Physician Workforce: Graduate Medical Education program to align budget expenditures and fund six new residency slots in primary care specialties. State General Funds $96,006 $96,006 $96,006 92.4 Increase funds for increased capitation residency grants. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $609,500 $1,260,131 $1,869,631 $771,000 $1,594,030 $2,365,030 92.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 76) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $9,214,238 $9,823,738 $9,985,238 1538 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $9,214,238 $9,214,238 $9,823,738 $1,260,131 $1,260,131 $11,083,869 $9,985,238 $1,594,030 $1,594,030 $11,579,268 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 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 93.1 Increase funds for clinical rotations at the rural health initiative. State General Funds $250,000 $250,000 93.2 Increase funds for the expansion of the three-year Family Medicine Accelerated Track program. State General Funds $1,020,000 $1,020,000 93.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 76) 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 $22,769,911 $24,039,911 $24,039,911 State General Funds $22,769,911 $24,039,911 $24,039,911 TOTAL PUBLIC FUNDS $22,769,911 $24,039,911 $24,039,911 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. FRIDAY, MARCH 20, 2015 1539 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 94.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse School of Medicine Grant program to increase the operating grant for medical education. State General Funds $8,038,227 $8,038,227 $8,038,227 94.99 SAC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. House: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. Governor: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. State General Funds $0 $0 $0 94.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 76) The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. TOTAL STATE FUNDS $23,971,870 $23,971,870 $23,971,870 State General Funds $23,971,870 $23,971,870 $23,971,870 TOTAL PUBLIC FUNDS $23,971,870 $23,971,870 $23,971,870 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. 1540 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 95.1 Reduce funds for the medical recruitment fair and transfer savings from Georgia Board for Physician Workforce: Physicians for Rural Areas to the Georgia Board for Physician Workforce: Graduate Medical Education program for three new residency slots. State General Funds ($40,000) ($40,000) ($40,000) 95.2 Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 95.3 Increase funds to reinstate a rural dentistry loan repayment program. State General Funds $200,000 $200,000 95.4 Increase funds for the expansion of the rural Family Medicine Accelerated Track program. State General Funds $180,000 $180,000 95.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 76) 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 $1,030,000 $1,410,000 $1,410,000 State General Funds $1,030,000 $1,410,000 $1,410,000 TOTAL PUBLIC FUNDS $1,030,000 $1,410,000 $1,410,000 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, MARCH 20, 2015 1541 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,087,250 $2,087,250 $2,087,250 96.1 Increase funds for five additional capitation awards for osteopathic medical students. State General Funds $2,087,250 $2,087,250 $2,087,250 $31,818 $2,087,250 $2,087,250 $2,087,250 $31,818 96.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 76) 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 $2,087,250 $2,119,068 $2,119,068 State General Funds $2,087,250 $2,119,068 $2,119,068 TOTAL PUBLIC FUNDS $2,087,250 $2,119,068 $2,119,068 Georgia Composite Medical Board Continuation Budget License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 97.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,733 $35,733 $35,733 97.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,002 $13,002 $13,002 1542 JOURNAL OF THE SENATE 97.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,627 $1,627 $1,627 97.4 Increase funds to annualize operations of implementing the Cosmetic Laser Services Act as required by HB528 (2007 Session). State General Funds $13,110 $13,110 $13,110 97.5 Increase funds to reflect the collection of administrative fees. Sales and Services Not Itemized $200,000 $200,000 $200,000 97.6 Utilize existing funds from contracts ($21,890) for the Cosmetic Laser Services Act implementation. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 97.100-Georgia Composite Medical Board Appropriation (HB 76) License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS $2,252,486 $2,252,486 $2,252,486 State General Funds $2,252,486 $2,252,486 $2,252,486 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $2,552,486 $2,552,486 $2,552,486 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 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 FRIDAY, MARCH 20, 2015 1543 98.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,018 $27,018 $27,018 98.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,008 $11,008 $11,008 98.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,230 $1,230 $1,230 98.4 Reduce funds for operations. State General Funds ($19,110) $0 $0 98.5 Increase funds to continue operation of the Georgia Prescription Drug Monitoring Program (PDMP). State General Funds $199,232 $99,232 98.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 76) 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 $1,931,168 $2,149,510 $2,049,510 State General Funds $1,931,168 $2,149,510 $2,049,510 TOTAL PUBLIC FUNDS $1,931,168 $2,149,510 $2,049,510 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 Section Total - Continuation $1,148,527,802 $1,148,527,802 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $470,555 $470,555 $13,581,649 $13,581,649 $655,104 $655,104 $655,104 $655,104 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $13,581,649 $655,104 $655,104 1544 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $1,162,580,006 $1,162,580,006 $1,162,580,006 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 $1,195,724,513 $1,195,724,513 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,209,776,717 $1,192,605,259 $1,192,605,259 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,657,463 $1,192,605,259 $1,192,605,259 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,657,463 County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 99.1 Reduce funds to reflect projected expenditures. State General Funds ($546,724) ($546,724) 99.100 -County Jail Subsidy Appropriation (HB 76) 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 $596,724 $50,000 $50,000 State General Funds $596,724 $50,000 $50,000 TOTAL PUBLIC FUNDS $596,724 $50,000 $50,000 FRIDAY, MARCH 20, 2015 1545 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 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 100.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $250,438 $250,438 $250,438 100.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $170,767 $170,767 $170,767 100.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $45,439 $45,439 $45,439 100.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,090 $5,090 $5,090 100.5 Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (S:Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program and the Georgia Prisoner Reentry Initiative (GA-PRI)) State General Funds $840,075 $840,075 $840,075 1546 JOURNAL OF THE SENATE 100.6 Increase funds and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing program and other support services to enhance the Governor's Criminal Justice Reform Initiative. (S:Increase funds and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing program and other support services to enhance the Governor's Criminal Justice Reform Initiative and the GA-PRI) State General Funds $830,815 $830,815 $830,815 100.100-Departmental Administration Appropriation (HB 76) 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 $39,566,698 $39,566,698 $39,566,698 State General Funds $39,566,698 $39,566,698 $39,566,698 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL PUBLIC FUNDS $39,637,253 $39,637,253 $39,637,253 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 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 101.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $328,638 $328,638 $328,638 101.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $198,010 $198,010 $198,010 FRIDAY, MARCH 20, 2015 1547 101.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,838 $8,838 $8,838 101.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $6,679 $6,679 $6,679 101.100 -Detention Centers Appropriation (HB 76) 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 $30,228,990 $30,228,990 $450,000 $450,000 $450,000 $30,678,990 $30,228,990 $30,228,990 $450,000 $450,000 $450,000 $30,678,990 $30,228,990 $30,228,990 $450,000 $450,000 $450,000 $30,678,990 Food and Farm Operations Continuation Budget The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 102.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,173 $9,173 $9,173 1548 JOURNAL OF THE SENATE 102.2 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $505 $505 $505 102.100-Food and Farm Operations Appropriation (HB 76) 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 $27,555,071 $27,555,071 $27,555,071 State General Funds $27,555,071 $27,555,071 $27,555,071 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $27,855,071 $27,855,071 $27,855,071 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 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 103.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $182,136 $182,136 $182,136 103.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $666,495 $666,495 $666,495 103.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $662,388 $662,388 $662,388 FRIDAY, MARCH 20, 2015 1549 103.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,630 $2,630 $2,630 103.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,702 $3,702 $3,702 103.6 Increase funds for inmates requiring treatment with new Hepatitis C drugs. (H:YES; Utilize existing funds for inmates requiring treatment with the new Hepatitis C drugs) State General Funds $2,572,530 $0 $1,000,000 103.7 Utilize existing funds to implement electronic health records. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 103.100 -Health Appropriation (HB 76) 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 $204,082,856 $201,510,326 $202,510,326 State General Funds $204,082,856 $201,510,326 $202,510,326 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 $204,472,856 $201,900,326 $202,900,326 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 $42,491,807 $42,491,807 $30,000 $42,491,807 $42,491,807 $30,000 $42,491,807 $42,491,807 $30,000 1550 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,000 $30,000 $42,521,807 $30,000 $30,000 $42,521,807 $30,000 $30,000 $42,521,807 104.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $50,483 $50,483 $50,483 104.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $25,591 $25,591 $25,591 104.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,089 $1,089 $1,089 104.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,026 $1,026 $1,026 104.5 Utilize existing funds to raise the daily rate paid for inmates held in county prisons from $20 to $21. (S:YES) State General Funds $0 104.100 -Offender Management Appropriation (HB 76) 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 $42,569,996 $42,569,996 $42,569,996 State General Funds $42,569,996 $42,569,996 $42,569,996 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 $42,599,996 $42,599,996 $42,599,996 FRIDAY, MARCH 20, 2015 1551 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 $134,908,024 105.1 Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational programs. (S:Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational programs in support of GA-PRI) State General Funds $2,000,000 $2,000,000 $2,000,000 105.2 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet projected expenditures. State General Funds ($1,512,416) ($1,512,416) ($1,512,416) 105.100 -Private Prisons Appropriation (HB 76) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $135,395,608 $135,395,608 $135,395,608 State General Funds $135,395,608 $135,395,608 $135,395,608 TOTAL PUBLIC FUNDS $135,395,608 $135,395,608 $135,395,608 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 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 1552 JOURNAL OF THE SENATE 106.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,262,087 $1,262,087 $1,262,087 106.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $703,641 $703,641 $703,641 106.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $26,253 $26,253 $26,253 106.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $25,650 $25,650 $25,650 106.5 Increase funds for operations and to meet projected expenditures. State General Funds $598,767 $598,767 $598,767 106.6 Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the Georgia Prison Reentry Initiative. (S:Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah in support of GA-PRI) State General Funds $467,132 $467,132 $467,132 106.7 Increase funds to implement GED Preparation Learning Centers in Day Reporting Centers. State General Funds $534,088 $534,088 $534,088 106.8 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet projected expenditures. State General Funds $1,512,416 $1,512,416 $1,512,416 106.100 -Probation Supervision Appropriation (HB 76) 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. FRIDAY, MARCH 20, 2015 1553 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 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 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 107.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,335,941 $7,335,941 $7,335,941 107.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,349,465 $3,349,465 $3,349,465 107.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $52,218 $52,218 $52,218 1554 JOURNAL OF THE SENATE 107.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $149,092 $149,092 $149,092 107.5 Increase funds for a close security position for security personnel to address recruitment and retention at close security and special mission prisons. State General Funds $12,058,092 $12,058,092 $12,058,092 107.6 Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine months and to expand to an additional facility. (S:Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine months and to expand to an additional facility in support of GA-PRI) State General Funds $1,452,605 $1,452,605 $1,452,605 107.7 Increase funds for diesel mechanics and welding vocational programs in state prisons. (S:Increase funds for diesel mechanics and welding vocational programs in state prisons in support of GA-PRI) State General Funds $1,287,996 $1,287,996 $1,287,996 107.8 Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations. (S:Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations in support of GA-PRI) State General Funds $481,839 $481,839 $481,839 107.9 Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and academic programs. (S:Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and academic programs in support of GA-PRI) State General Funds $5,997,840 $5,997,840 $5,997,840 107.10 Increase funds for additional GED testing in state prisons. (S:Increase funds for additional GED testing in state prisons in support of GA-PRI) State General Funds $256,000 $256,000 $256,000 107.11 Increase funds for personnel for six positions and operations to create a GED fast track program. (S:Increase funds for personnel for six positions and operations to create a GED fast track program in support of GA-PRI) State General Funds $1,307,222 $1,307,222 $1,307,222 FRIDAY, MARCH 20, 2015 1555 107.12 Reduce funds for personnel to reflect projected expenditures. State General Funds ($1,000,000) 107.100 -State Prisons Appropriation (HB 76) 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 $572,427,447 $572,427,447 $571,427,447 State General Funds $572,427,447 $572,427,447 $571,427,447 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 $585,222,050 $585,222,050 $584,222,050 Transition Centers Continuation Budget The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 108.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $488,997 $488,997 $488,997 108.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $178,406 $178,406 $178,406 1556 JOURNAL OF THE SENATE 108.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,948 $5,948 $5,948 108.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,938 $9,938 $9,938 108.5 Increase funds to implement GED Preparation Learning Centers. (S:Increase funds to implement GED Preparation Learning Centers in support of GA-PRI) State General Funds $304,957 $304,957 $304,957 108.100 -Transition Centers Appropriation (HB 76) 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 $29,960,413 $29,960,413 $29,960,413 State General Funds $29,960,413 $29,960,413 $29,960,413 TOTAL PUBLIC FUNDS $29,960,413 $29,960,413 $29,960,413 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 Section Total - Continuation $9,496,994 $9,496,994 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $44,969,886 $44,969,886 $2,679,416 $2,679,416 $1,298,447 $1,298,447 $1,298,447 $1,298,447 $171,171 $171,171 $171,171 $171,171 $1,209,798 $1,209,798 $1,209,798 $1,209,798 $57,146,296 $57,146,296 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 FRIDAY, MARCH 20, 2015 1557 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $10,131,696 $10,131,696 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,780,998 $10,131,696 $10,131,696 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,780,998 $10,131,696 $10,131,696 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,780,998 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 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 109.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,846 $14,846 $14,846 109.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,683 $7,683 $7,683 109.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,172 $4,172 $4,172 1558 JOURNAL OF THE SENATE 109.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $670 $670 $670 109.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,142,695 $1,142,695 $1,142,695 State General Funds $1,142,695 $1,142,695 $1,142,695 TOTAL FEDERAL FUNDS $723,528 $723,528 $723,528 Federal Funds Not Itemized $723,528 $723,528 $723,528 TOTAL PUBLIC FUNDS $1,866,223 $1,866,223 $1,866,223 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 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $1,206,278 $1,206,278 $41,363,733 110.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,458 $40,458 $40,458 110.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,743 $19,743 $19,743 FRIDAY, MARCH 20, 2015 1559 110.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,204 $11,204 $11,204 110.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $273 $273 $273 110.100 -Military Readiness Appropriation (HB 76) 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 $5,086,143 $5,086,143 $5,086,143 State General Funds $5,086,143 $5,086,143 $5,086,143 TOTAL FEDERAL FUNDS $33,673,372 $33,673,372 $33,673,372 Federal Funds Not Itemized $33,673,372 $33,673,372 $33,673,372 TOTAL AGENCY FUNDS $2,675,896 $2,675,896 $2,675,896 Intergovernmental Transfers $1,298,447 $1,298,447 $1,298,447 Intergovernmental Transfers Not Itemized $1,298,447 $1,298,447 $1,298,447 Royalties and Rents $171,171 $171,171 $171,171 Royalties and Rents Not Itemized $171,171 $171,171 $171,171 Sales and Services $1,206,278 $1,206,278 $1,206,278 Sales and Services Not Itemized $1,206,278 $1,206,278 $1,206,278 TOTAL PUBLIC FUNDS $41,435,411 $41,435,411 $41,435,411 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 AGENCY FUNDS $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 1560 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,520 $3,520 $13,943,711 $3,520 $3,520 $13,943,711 $3,520 $3,520 $13,943,711 111.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $39,859 $39,859 $39,859 111.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,122 $17,122 $17,122 111.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $21,530 $21,530 $21,530 111.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $957 $957 $957 111.5 Increase funds for personnel and operations to support the implementation of a new Youth Challenge Academy in Milledgeville. State General Funds $456,185 $456,185 $456,185 111.100 -Youth Educational Services Appropriation (HB 76) 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 $3,902,858 $3,902,858 $3,902,858 State General Funds $3,902,858 $3,902,858 $3,902,858 TOTAL FEDERAL FUNDS $10,572,986 $10,572,986 $10,572,986 Federal Funds Not Itemized $10,572,986 $10,572,986 $10,572,986 TOTAL AGENCY FUNDS $3,520 $3,520 $3,520 Sales and Services $3,520 $3,520 $3,520 Sales and Services Not Itemized $3,520 $3,520 $3,520 TOTAL PUBLIC FUNDS $14,479,364 $14,479,364 $14,479,364 FRIDAY, MARCH 20, 2015 1561 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 $63,039,864 $63,039,864 $63,039,864 $63,039,864 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $65,883,985 $65,883,985 $63,039,864 $63,039,864 $2,844,121 $2,844,121 $2,844,121 $65,883,985 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $67,422,246 $67,422,246 $2,844,121 $2,844,121 $2,844,121 $70,266,367 $67,102,820 $67,102,820 $2,844,121 $2,844,121 $2,844,121 $69,946,941 $67,062,820 $67,062,820 $2,844,121 $2,844,121 $2,844,121 $69,906,941 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 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 $9,365,723 $9,365,723 $500,857 $500,857 $500,857 $9,866,580 112.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $73,624 $73,624 $73,624 112.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,495 $35,495 $35,495 1562 JOURNAL OF THE SENATE 112.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. (S:Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs) State General Funds ($13,437) ($13,437) $20,990 112.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $18,490 $18,490 $18,490 112.100-Customer Service Support Appropriation (HB 76) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,479,895 $9,479,895 $9,514,322 State General Funds $9,479,895 $9,479,895 $9,514,322 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 $9,980,752 $9,980,752 $10,015,179 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 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 113.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $461,692 $461,692 $461,692 FRIDAY, MARCH 20, 2015 1563 113.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $236,698 $236,698 $236,698 113.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($59,244) ($59,244) ($93,671) 113.4 Increase funds for personnel and operations for the new Paulding ($924,056) and Cobb ($299,676) County Customer Service Centers. State General Funds $1,223,732 $1,223,732 $1,223,732 113.5 Increase funds for personnel for recruitment and retention initiatives for Customer Service Center employees. State General Funds $1,500,314 $1,500,314 $1,500,314 113.6 Increase funds for rent for the Sandy Springs Customer Service Center. State General Funds $240,000 $240,000 $200,000 113.7 Increase funds for a new commercial driver's license pad in West Georgia. State General Funds $500,000 $500,000 $500,000 113.8 Increase funds for personnel and operations for the new Fayetteville Customer Service Center. State General Funds $150,000 $150,000 $150,000 113.9 Reduce funds for the Fulton County Customer Service Center for rent provided in FY2015 to reflect the purchase of a new building. State General Funds ($300,000) ($300,000) 113.10 Reduce funds for the Bainbridge Customer Service Center to reflect actual expenditures. State General Funds ($19,426) ($19,426) 1564 JOURNAL OF THE SENATE 113.11 Utilize other funds received from rent collections ($50,000) for maintenance of the new Fulton County Customer Service Center building. (H:YES)(S:YES) Royalties and Rents Not Itemized $0 $0 113.12 Utilize savings ($300,000) from reduced turnover rates due to recruitment and retention initiatives for maintenance. (S:YES) State General Funds $0 113.13 Utilize existing funds ($96,000) for the Macon Customer Service Center for rent. (S:YES) State General Funds $0 113.100 -License Issuance Appropriation (HB 76) 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 $57,041,485 $56,722,059 $56,647,632 State General Funds $57,041,485 $56,722,059 $56,647,632 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 $58,869,320 $58,549,894 $58,475,467 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; and 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 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 FRIDAY, MARCH 20, 2015 1565 114.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,030 $11,030 $11,030 114.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,838 $4,838 $4,838 114.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($850) ($850) ($850) 114.100 -Regulatory Compliance Appropriation (HB 76) 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 STATE FUNDS $900,866 $900,866 $900,866 State General Funds $900,866 $900,866 $900,866 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 $1,416,295 $1,416,295 $1,416,295 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 Rebates, Refunds, and Reimbursements Section Total - Continuation $369,793,520 $369,793,520 $55,493,488 $55,493,488 $314,300,032 $314,300,032 $346,366,695 $346,366,695 $135,377,190 $135,377,190 $101,618,088 $101,618,088 $109,371,417 $109,371,417 $26,000 $26,000 $26,000 $26,000 $369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 1566 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $26,000 $60,000 $60,000 $60,000 $716,246,215 $26,000 $60,000 $60,000 $60,000 $716,246,215 $26,000 $60,000 $60,000 $60,000 $716,246,215 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 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 Section Total - Final $376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556 $376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556 $376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556 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 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 FRIDAY, MARCH 20, 2015 1567 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $21,000 $21,000 $21,000 $245,146,508 $245,146,508 $245,146,508 115.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,171 $24,171 $24,171 115.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,473 $10,473 $10,473 115.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($619) ($619) ($619) 115.100 -Child Care Services Appropriation (HB 76) 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 $55,527,513 $55,527,513 $55,527,513 State General Funds $55,527,513 $55,527,513 $55,527,513 TOTAL FEDERAL FUNDS $189,632,020 $189,632,020 $189,632,020 CCDF Mandatory & Matching Funds CFDA93.596 $101,618,088 $101,618,088 $101,618,088 Child Care & Development Block Grant CFDA93.575 $88,013,932 $88,013,932 $88,013,932 TOTAL AGENCY FUNDS $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements Not Itemized $21,000 $21,000 $21,000 TOTAL PUBLIC FUNDS $245,180,533 $245,180,533 $245,180,533 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 $0 $0 $0 $0 $0 $0 1568 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 116.100 -Nutrition Appropriation (HB 76) 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 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 Pre-Kindergarten Program Continuation Budget The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four-year-olds. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 117.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $79,418 $79,418 $79,418 117.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. Lottery Proceeds $278,477 $278,477 $278,477 117.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Lottery Proceeds $2,160,681 $2,160,681 $2,160,681 FRIDAY, MARCH 20, 2015 1569 117.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Lottery Proceeds ($2,033) ($2,033) ($2,033) 117.5 Increase funds to reflect an adjustment in Teamworks billings. Lottery Proceeds $1,956 $1,956 $1,956 117.6 Increase funds to restore two teacher planning days from eight to 10 planning days. Lottery Proceeds $3,036,817 $3,036,817 $3,036,817 117.7 Increase funds for 60 additional classes in the Summer Transition Program to offer additional instruction and transition services to low income eligible rising Pre-Kindergarteners and rising Kindergarteners. Lottery Proceeds $1,440,000 $1,440,000 $1,440,000 117.100-Pre-Kindergarten Program Appropriation (HB 76) 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 $321,295,348 $321,295,348 $321,295,348 Lottery Proceeds $321,295,348 $321,295,348 $321,295,348 TOTAL FEDERAL FUNDS $162,400 $162,400 $162,400 Federal Funds Not Itemized $162,400 $162,400 $162,400 TOTAL PUBLIC FUNDS $321,457,748 $321,457,748 $321,457,748 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 $0 $0 $31,022,275 $9,664,790 $0 $0 $31,022,275 $9,664,790 $0 $0 $31,022,275 $9,664,790 1570 JOURNAL OF THE SENATE Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS 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 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 118.100 -Quality Initiatives Appropriation (HB 76) 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 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 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 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 $35,515,271 $35,515,271 $33,620,285 $33,620,285 $1,894,986 $1,894,986 $74,021,318 $74,021,318 $74,021,318 $74,021,318 $109,536,589 $109,536,589 $35,515,271 $33,620,285 $1,894,986 $74,021,318 $74,021,318 $109,536,589 FRIDAY, MARCH 20, 2015 1571 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $30,027,716 $30,027,716 $74,021,318 $74,021,318 $104,049,034 $29,347,716 $29,347,716 $74,021,318 $74,021,318 $103,369,034 $30,917,716 $30,917,716 $74,021,318 $74,021,318 $104,939,034 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 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 119.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $48,286 $48,286 $48,286 119.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $23,477 $23,477 $23,477 119.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($17,868) ($17,868) ($17,868) 119.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,497 $10,497 $10,497 119.5 Increase funds for personnel and operations for one position to support international relations and trade events. State General Funds $295,389 $265,389 $265,389 1572 JOURNAL OF THE SENATE 119.100-Departmental Administration Appropriation (HB 76) 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 $4,503,724 $4,473,724 $4,473,724 State General Funds $4,503,724 $4,473,724 $4,473,724 TOTAL PUBLIC FUNDS $4,503,724 $4,473,724 $4,473,724 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 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 120.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,814 $9,814 $9,814 120.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,621 $4,621 $4,621 120.3 Increase funds for film marketing. State General Funds $100,000 $100,000 $100,000 120.4 Increase funds for personnel for one film location scout to assist with increased demand. State General Funds $60,000 $60,000 $60,000 120.100-Film, Video, and Music Appropriation (HB 76) 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 20, 2015 1573 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,096,969 $1,096,969 $1,096,969 $1,096,969 $1,096,969 $1,096,969 $1,096,969 $1,096,969 $1,096,969 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 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 121.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,887 $5,887 $5,887 121.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,609 $2,609 $2,609 121.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,849) ($1,849) ($1,849) 121.100 -Arts, Georgia Council for the Appropriation (HB 76) 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 $603,360 $603,360 $603,360 State General Funds $603,360 $603,360 $603,360 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,262,760 $1,262,760 $1,262,760 1574 JOURNAL OF THE SENATE 121.101 Special Project - Arts, Georgia Council for the: The purpose of this appropriation is to institute a statewide "Grassroots" arts program, with the goal to increase the arts participation and support throughout the state with grants no more than $5,000. State General Funds $300,000 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 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 122.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $91,162 $91,162 $91,162 122.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,020 $42,020 $42,020 122.3 Increase funds for personnel for one industry representative position. State General Funds $85,000 $85,000 $85,000 122.4 Increase funds for international trade office contracts. State General Funds $200,000 $200,000 $200,000 122.5 Increase funds for personnel for two positions to support international trade, research, and marketing. State General Funds $159,310 $159,310 $159,310 FRIDAY, MARCH 20, 2015 1575 122.100 -Global Commerce Appropriation (HB 76) 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 $10,881,240 $10,881,240 $10,881,240 State General Funds $10,881,240 $10,881,240 $10,881,240 TOTAL PUBLIC FUNDS $10,881,240 $10,881,240 $10,881,240 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 $73,361,918 123.100-Governor's Office of Workforce Development Appropriation (HB 76) 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 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 $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 1576 JOURNAL OF THE SENATE 124.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,341 $9,341 $9,341 124.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,333 $4,333 $4,333 124.3 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism program for marketing to increase Georgia tourism. State General Funds ($750,000) ($750,000) ($750,000) 124.4 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance contract. State General Funds Tobacco Settlement Funds Total Public Funds: ($5,097,451) ($247,158) ($5,344,609) ($5,097,451) ($247,158) ($5,344,609) ($5,097,451) ($247,158) ($5,344,609) 124.5 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($1,444,911) ($1,444,911) ($1,444,911) 124.6 Reduce funds for cancer program administration. Tobacco Settlement Funds ($202,917) ($202,917) ($202,917) 124.7 Utilize existing funds from the Georgia Research Alliance ($202,917) for cancer program administration. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 124.100 -Innovation and Technology Appropriation (HB 76) The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS $1,522,960 $1,522,960 $1,522,960 State General Funds $1,522,960 $1,522,960 $1,522,960 TOTAL PUBLIC FUNDS $1,522,960 $1,522,960 $1,522,960 FRIDAY, MARCH 20, 2015 1577 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 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 125.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $12,923 $12,923 $12,923 125.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,863 $5,863 $5,863 125.100 -Small and Minority Business Development Appropriation (HB 76) 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 $951,926 $951,926 $951,926 State General Funds $951,926 $951,926 $951,926 TOTAL PUBLIC FUNDS $951,926 $951,926 $951,926 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 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 126.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $64,055 $64,055 $64,055 1578 JOURNAL OF THE SENATE 126.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,012 $30,012 $30,012 126.3 Increase funds for the Georgia Historical Society for historical markers. State General Funds $100,000 $100,000 $100,000 126.4 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism program for marketing to increase Georgia tourism. State General Funds $750,000 $100,000 $300,000 126.5 Increase funds for personnel for a marketing project manager position and a social media specialist position. State General Funds $160,000 $160,000 $160,000 126.6 Increase funds for the Georgia Civil War Commission. State General Funds $25,000 126.7 Increase funds for the Georgia Civil War Heritage Trails. State General Funds $25,000 126.8 Increase funds for one-time funding for the National Infantry Museum. State General Funds $1,000,000 126.9 Increase funds for one-time funding for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes. State General Funds $20,000 126.100 -Tourism Appropriation (HB 76) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS $10,467,537 $9,817,537 $11,087,537 State General Funds $10,467,537 $9,817,537 $11,087,537 TOTAL PUBLIC FUNDS $10,467,537 $9,817,537 $11,087,537 FRIDAY, MARCH 20, 2015 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 1579 Section Total - Continuation $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $2,064,382,350 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $19,630 $45,711,057 $45,711,057 $45,711,057 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,054,575,082 $10,054,575,082 $10,054,575,082 Section Total - Final $8,494,371,582 $8,501,977,336 $8,487,140,395 $8,494,371,582 $8,501,977,336 $8,487,140,395 $2,064,382,350 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $19,630 $45,711,057 $45,711,057 $45,711,057 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,604,464,989 $10,612,070,743 $10,597,233,802 1580 JOURNAL OF THE SENATE Agricultural Education Continuation Budget The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 127.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $203 $203 $203 127.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $2,184 $2,184 $2,184 127.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,356 $2,356 $2,356 127.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $160 $160 $160 127.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,367 $1,367 $1,367 127.6 Increase funds for the Extended Day/Year program. State General Funds $37,895 $94,383 FRIDAY, MARCH 20, 2015 1581 127.7 Increase funds for the Young Farmers program. (S:Increase funds for the Young Farmers program in Turner, Union, and Johnson counties) State General Funds $37,500 $225,000 127.100 -Agricultural Education Appropriation (HB 76) The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS $8,399,296 $8,474,691 $8,718,679 State General Funds $8,399,296 $8,474,691 $8,718,679 TOTAL FEDERAL FUNDS $368,273 $368,273 $368,273 Federal Funds Not Itemized $368,273 $368,273 $368,273 TOTAL AGENCY FUNDS $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers Not Itemized $1,492,000 $1,492,000 $1,492,000 TOTAL PUBLIC FUNDS $10,259,569 $10,334,964 $10,578,952 Business and Finance Administration Continuation Budget The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $7,280,358 $7,280,358 $134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 128.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $99,035 $99,035 $99,035 128.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,594 $1,594 $1,594 1582 JOURNAL OF THE SENATE 128.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,777 $42,777 $42,777 128.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,633 $3,633 $3,633 128.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $32,317 $32,317 $32,317 128.100 -Business and Finance Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS $7,459,714 $7,459,714 $7,459,714 State General Funds $7,459,714 $7,459,714 $7,459,714 TOTAL FEDERAL FUNDS $134,330 $134,330 $134,330 Federal Funds Not Itemized $134,330 $134,330 $134,330 TOTAL AGENCY FUNDS $22,342,940 $22,342,940 $22,342,940 Intergovernmental Transfers $22,342,940 $22,342,940 $22,342,940 Intergovernmental Transfers Not Itemized $22,342,940 $22,342,940 $22,342,940 TOTAL PUBLIC FUNDS $29,936,984 $29,936,984 $29,936,984 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 TOTAL PUBLIC FUNDS $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 FRIDAY, MARCH 20, 2015 1583 129.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,128 $25,128 $25,128 129.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,052 $8,052 $8,052 129.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $20,642 $20,642 $20,642 129.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,472 $1,472 $1,472 129.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,931 $16,931 $16,931 129.100 -Central Office Appropriation (HB 76) 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 $4,037,970 $4,037,970 $4,037,970 State General Funds $4,037,970 $4,037,970 $4,037,970 TOTAL FEDERAL FUNDS $24,369,593 $24,369,593 $24,369,593 Federal Funds Not Itemized $24,369,593 $24,369,593 $24,369,593 TOTAL AGENCY FUNDS $243,929 $243,929 $243,929 Contributions, Donations, and Forfeitures $243,929 $243,929 $243,929 Contributions, Donations, and Forfeitures Not Itemized $243,929 $243,929 $243,929 TOTAL PUBLIC FUNDS $28,651,492 $28,651,492 $28,651,492 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. 1584 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 130.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,634 $3,634 $3,634 130.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,854 $1,854 $1,854 130.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $89 $89 $89 130.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,641 $1,641 $1,641 130.5 Eliminate funds for one-time funding for planning grants. (S:Provide local district support for flexibility contract conversion, implementation and ongoing support) State General Funds ($125,000) $0 130.100 -Charter Schools Appropriation (HB 76) 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 $2,145,530 $2,020,530 $2,145,530 State General Funds $2,145,530 $2,020,530 $2,145,530 TOTAL FEDERAL FUNDS $6,946,595 $6,946,595 $6,946,595 Federal Funds Not Itemized $6,946,595 $6,946,595 $6,946,595 TOTAL PUBLIC FUNDS $9,092,125 $8,967,125 $9,092,125 FRIDAY, MARCH 20, 2015 1585 Communities in Schools Continuation Budget The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 131.1 Increase funds to local affiliates. State General Funds $20,000 $20,000 131.100-Communities in Schools Appropriation (HB 76) The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS $1,033,100 $1,053,100 $1,053,100 State General Funds $1,033,100 $1,053,100 $1,053,100 TOTAL PUBLIC FUNDS $1,033,100 $1,053,100 $1,053,100 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 132.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,199 $22,199 $22,199 1586 JOURNAL OF THE SENATE 132.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $6,345 $6,345 $6,345 132.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,841 $15,841 $15,841 132.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,148 $1,148 $1,148 132.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,000 $10,000 $10,000 132.100-Curriculum Development Appropriation (HB 76) 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 $3,517,074 $3,517,074 $3,517,074 State General Funds $3,517,074 $3,517,074 $3,517,074 TOTAL FEDERAL FUNDS $3,393,490 $3,393,490 $3,393,490 Federal Funds Not Itemized $3,393,490 $3,393,490 $3,393,490 TOTAL AGENCY FUNDS $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures Not Itemized $430,717 $430,717 $430,717 TOTAL PUBLIC FUNDS $7,341,281 $7,341,281 $7,341,281 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 AGENCY FUNDS $0 $1,233,343,007 $1,233,343,007 $39,957 $0 $1,233,343,007 $1,233,343,007 $39,957 $0 $1,233,343,007 $1,233,343,007 $39,957 FRIDAY, MARCH 20, 2015 1587 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $39,957 $39,957 $39,957 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,382,964 $1,233,382,964 133.100-Federal Programs Appropriation (HB 76) 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 Georgia Network for Educational and Therapeutic Support (GNETS) 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 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 134.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $514,767 $514,767 $514,767 134.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $507,107 $507,107 $507,107 134.3 Reduce funds based on enrollment. State General Funds ($984,815) ($984,815) ($984,815) 1588 JOURNAL OF THE SENATE 134.4 Increase funds for personnel for one program manager position to provide state level support of Georgia Network for Educational and Therapeutic Support (GNETS). State General Funds $128,000 $128,000 $128,000 134.100-Georgia Network for Educational and Therapeutic Support (GNETS) Appropriation (HB 76) 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 $62,246,538 $62,246,538 $62,246,538 State General Funds $62,246,538 $62,246,538 $62,246,538 TOTAL FEDERAL FUNDS $8,160,000 $8,160,000 $8,160,000 Federal Funds Not Itemized $8,160,000 $8,160,000 $8,160,000 TOTAL PUBLIC FUNDS $70,406,538 $70,406,538 $70,406,538 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 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 135.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,674 $6,674 $6,674 135.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $16,899 $16,899 $16,899 FRIDAY, MARCH 20, 2015 1589 135.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $38,768 $38,768 $38,768 135.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,709 $2,709 $2,709 135.100-Georgia Virtual School Appropriation (HB 76) 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 $3,232,540 $3,232,540 $3,232,540 State General Funds $3,232,540 $3,232,540 $3,232,540 TOTAL AGENCY FUNDS $5,600,037 $5,600,037 $5,600,037 Sales and Services $5,600,037 $5,600,037 $5,600,037 Sales and Services Not Itemized $5,600,037 $5,600,037 $5,600,037 TOTAL PUBLIC FUNDS $8,832,577 $8,832,577 $8,832,577 Information Technology Services Continuation Budget The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. 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 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 136.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $95,517 $95,517 $95,517 1590 JOURNAL OF THE SENATE 136.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,229 $9,229 $9,229 136.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $51,696 $51,696 $51,696 136.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,665 $3,665 $3,665 136.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $35,493 $35,493 $35,493 136.6 Increase funds for the E-Rate program to increase bandwidth from 3 to 100 Mbps for school systems. State General Funds $1,600,000 $1,600,000 $1,600,000 136.7 Reduce funds to reflect projected expenditures. State General Funds ($250,000) 136.100 -Information Technology Services Appropriation (HB 76) The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. TOTAL STATE FUNDS $19,008,629 $19,008,629 $18,758,629 State General Funds $19,008,629 $19,008,629 $18,758,629 TOTAL FEDERAL FUNDS $1,371,954 $1,371,954 $1,371,954 Federal Funds Not Itemized $1,371,954 $1,371,954 $1,371,954 TOTAL AGENCY FUNDS $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers Not Itemized $7,204,762 $7,204,762 $7,204,762 TOTAL PUBLIC FUNDS $27,585,345 $27,585,345 $27,335,345 FRIDAY, MARCH 20, 2015 1591 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 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 137.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $24,476 $24,476 $24,476 137.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,796 $24,796 $24,796 137.3 Reduce funds for Residential Treatment Facilities based on attendance. (H:Increase funds) State General Funds ($141,612) $362,201 $0 137.4 Reduce funds for Sparsity Grants. (S:Reduce funds for Sparsity Grants, and fund Union County as a K-12 school) State General Funds ($634,842) ($634,842) ($413,201) 137.100 -Non Quality Basic Education Formula Grants Appropriation (HB 76) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $10,173,703 $10,677,516 $10,536,956 State General Funds $10,173,703 $10,677,516 $10,536,956 TOTAL PUBLIC FUNDS $10,173,703 $10,677,516 $10,536,956 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. 1592 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 138.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,179 $2,179 $2,179 138.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,578 $1,578 $1,578 138.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,847 $2,847 $2,847 138.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $255 $255 $255 138.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,094 $1,094 $1,094 138.100 -Nutrition Appropriation (HB 76) The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school and comply with federal standards. TOTAL STATE FUNDS $22,862,086 $22,862,086 $22,862,086 State General Funds $22,862,086 $22,862,086 $22,862,086 TOTAL FEDERAL FUNDS $714,191,428 $714,191,428 $714,191,428 Federal Funds Not Itemized $714,191,428 $714,191,428 $714,191,428 FRIDAY, MARCH 20, 2015 1593 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $108,824 $108,824 $108,824 $737,162,338 $108,824 $108,824 $108,824 $737,162,338 $108,824 $108,824 $108,824 $737,162,338 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 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 139.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $252,240 $252,240 $252,240 139.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $193,356 $193,356 $193,356 139.3 Increase funds for enrollment growth and training and experience. State General Funds $948,985 $948,985 $948,985 139.100 -Preschool Handicapped Appropriation (HB 76) 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 $31,446,339 $31,446,339 $31,446,339 State General Funds $31,446,339 $31,446,339 $31,446,339 TOTAL PUBLIC FUNDS $31,446,339 $31,446,339 $31,446,339 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. 1594 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 140.1 Increase funds for the Equalization grant. (H:Increase funds for the Equalization grant and recognize pre-payment of $8,299,466, HB75 (2015 Session), to ensure full compliance with O.C.G.A. 20-2-165)(S:Increase funds for Equalization grant based on the Governor's Office of Planning and Budget funding formula) State General Funds $11,364,325 $18,840,831 $3,064,859 140.100 -Quality Basic Education Equalization Appropriation (HB 76) 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 $490,749,422 $498,225,928 $482,449,956 State General Funds $490,749,422 $498,225,928 $482,449,956 TOTAL PUBLIC FUNDS $490,749,422 $498,225,928 $482,449,956 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 ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) 141.1 Increase funds for the Local Five Mill Share. State General Funds $9,556,510 $8,980,939 $8,980,939 141.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 76) 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 ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) State General Funds ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) TOTAL PUBLIC FUNDS ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) FRIDAY, MARCH 20, 2015 1595 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 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 142.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $75,181,182 $74,444,407 $74,884,899 142.2 Increase funds for enrollment growth and training and experience. State General Funds $152,313,334 $152,430,547 $152,430,547 142.3 Increase funds for differentiated pay for newly certified math and science teachers. State General Funds $1,024,285 $1,235,053 $1,086,897 142.4 Increase funds for School Nurses. State General Funds $332,354 $631,357 $339,021 142.5 Increase funds for the State Commission Charter Schools supplement. State General Funds $8,987,653 $9,035,267 $9,035,267 142.6 Increase funds for charter systems grants. State General Funds $2,946,279 $3,037,740 $3,037,740 142.7 Reduce funds for the Special Needs Scholarship. State General Funds ($1,189,260) ($989,550) ($989,550) 142.8 Increase funds for Move on When Ready. (H and S:Reduce funds for Move on When Ready and provide funding in the Amended FY2016 budget based on new funding mechanisms recommended by the Dual Enrollment Task Force) State General Funds $51,723 ($234,555) ($234,555) 1596 JOURNAL OF THE SENATE 142.9 Increase funds to offset the austerity reduction in order to provide local education authorities the flexibility to eliminate teacher furlough days, increase instructional days, and increase teacher salaries. State General Funds $280,000,000 $280,000,000 $280,000,000 142.100-Quality Basic Education Program Appropriation (HB 76) 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 $9,393,844,192 $9,393,786,908 $9,393,786,908 State General Funds $9,393,844,192 $9,393,786,908 $9,393,786,908 TOTAL PUBLIC FUNDS $9,393,844,192 $9,393,786,908 $9,393,786,908 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 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 143.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,792 $7,792 $7,792 143.2 Increase funds for personnel for 17 teacher and leader effectiveness support positions transferred from the School Improvement program.(S:Increase funds for personnel for two training and development specialists ($204,974), and provide funds for program for two months' salary ($171,461) by incorporating eight teacher and leader effectiveness support positions transferring over in May and June 2016) State General Funds $2,071,685 $376,435 143.3 Increase funds for personnel for Positive Behavior Intervention Supports (PBIS) trainers. State General Funds $250,000 $300,000 FRIDAY, MARCH 20, 2015 1597 143.4 Increase funds for a 10% baseline per RESA to support K-3 literacy and/or K-5 math mastery initiatives that will result in documented achievement gains by instructional domain. State General Funds $994,116 143.5 Increase funds for an environmental science position for K-12 instruction originating in the Okefenokee Swamp Park and made available statewide through a virtual education initiative. State General Funds $60,000 143.100-Regional Education Service Agencies Appropriation (HB 76) The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. TOTAL STATE FUNDS $9,948,960 $12,270,645 $11,679,511 State General Funds $9,948,960 $12,270,645 $11,679,511 TOTAL PUBLIC FUNDS $9,948,960 $12,270,645 $11,679,511 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 144.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $60,794 $60,794 $60,794 144.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,211 $9,211 $9,211 1598 JOURNAL OF THE SENATE 144.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $38,517 $38,517 $38,517 144.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,620 $2,620 $2,620 144.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,188 $2,188 $2,188 144.6 Increase funds for personnel for 17 teacher and leader effectiveness support positions, one teacher induction position, and two district effectiveness positions and for operations. (H:Increase funds for personnel for one teacher induction position and two district effectiveness positions and for operations and transfer funds for personnel for 17 teacher and leader effectiveness support positions to the RESAs program)(S:Increase funds for operations ($120,352) and for personnel for seven positions supporting online learning, electronic platform and data documentation and evaluation ($735,646), two district effectiveness positions ($228,649) and one teacher induction position ($120,298); and provide funds for ten months to conclude by May 1, 2016 for personnel for eight new teacher and leadership effectiveness positions transferring to Regional Education Service Agencies program ($857,304)) State General Funds $2,438,684 $366,999 $2,062,249 144.7 Increase funds for professional development and support for corps members in Teach for America. State General Funds $350,000 $350,000 $150,000 144.100 -School Improvement Appropriation (HB 76) The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. TOTAL STATE FUNDS $8,996,161 $6,924,476 $8,419,726 State General Funds $8,996,161 $6,924,476 $8,419,726 TOTAL FEDERAL FUNDS $9,227,301 $9,227,301 $9,227,301 Federal Funds Not Itemized $9,227,301 $9,227,301 $9,227,301 TOTAL PUBLIC FUNDS $18,223,462 $16,151,777 $17,647,027 FRIDAY, MARCH 20, 2015 1599 State Charter School Commission Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 145.100 -State Charter School Commission Administration Appropriation (HB 76) 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 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 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 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 1600 JOURNAL OF THE SENATE 146.100 -State Interagency Transfers Appropriation (HB 76) 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 $22,847,100 $22,847,100 $22,847,100 Federal Funds Not Itemized $22,847,100 $22,847,100 $22,847,100 TOTAL PUBLIC FUNDS $30,945,063 $30,945,063 $30,945,063 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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 147.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $208,674 $208,674 $208,674 147.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $56,174 $56,174 $56,174 FRIDAY, MARCH 20, 2015 1601 147.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $153,677 $153,677 $153,677 147.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $19,663 $19,663 $19,663 147.5 Increase funds for training and experience. State General Funds $194,398 $194,398 $194,398 147.100 -State Schools Appropriation (HB 76) 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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 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 $26,447,967 $26,447,967 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $28,269,036 $26,447,967 $26,447,967 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $28,269,036 $26,447,967 $26,447,967 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $28,269,036 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. 1602 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 148.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,909 $13,909 $13,909 148.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,770 $8,770 $8,770 148.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,290 $10,290 $10,290 148.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $733 $733 $733 148.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,744 $5,744 $5,744 148.6 Increase funds for vocational industry certification. State General Funds $752,546 $752,546 $752,546 148.7 Increase funds for the Extended Day/Year program. State General Funds $37,895 $94,382 FRIDAY, MARCH 20, 2015 1603 148.100-Technology/Career Education Appropriation (HB 76) The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS $16,904,479 $16,942,374 $16,998,861 State General Funds $16,904,479 $16,942,374 $16,998,861 TOTAL FEDERAL FUNDS $19,947,771 $19,947,771 $19,947,771 Federal Funds Not Itemized $19,947,771 $19,947,771 $19,947,771 TOTAL AGENCY FUNDS $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers Not Itemized $4,779,024 $4,779,024 $4,779,024 TOTAL PUBLIC FUNDS $41,631,274 $41,669,169 $41,725,656 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 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 149.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,910 $11,910 $11,910 149.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $3,350 $3,350 $3,350 149.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,127 $13,127 $13,127 149.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $829 $829 $829 1604 JOURNAL OF THE SENATE 149.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,926 $7,926 $7,926 149.6 Increase funds for the Georgia Milestones assessment. State General Funds $1,067,328 $1,067,328 $1,067,328 149.7 Increase funds for personnel for two accountability and assessment positions ($252,436) and for operations ($3,000). State General Funds $255,436 $255,436 $255,436 149.8 Increase funds for contracts to review and analyze student growth models statewide. State General Funds $605,569 $605,569 $605,569 149.9 Utilize existing funds to provide tenth grade students with the choice between the PSAT or ACT Compass exams. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 149.100 -Testing Appropriation (HB 76) 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 $26,651,587 $26,651,587 $26,651,587 State General Funds $26,651,587 $26,651,587 $26,651,587 TOTAL FEDERAL FUNDS $19,218,028 $19,218,028 $19,218,028 Federal Funds Not Itemized $19,218,028 $19,218,028 $19,218,028 TOTAL PUBLIC FUNDS $45,869,615 $45,869,615 $45,869,615 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 FRIDAY, MARCH 20, 2015 1605 150.100 -Tuition for Multi-Handicapped Appropriation (HB 76) 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 $2,463.45. 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 $30,369,769 $30,369,769 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $54,160,574 $54,160,574 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574 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 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941 1606 JOURNAL OF THE SENATE 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 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 151.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($4,817) and for contracts ($252,000). Retirement Payments $256,817 $256,817 $256,817 151.100-Deferred Compensation Appropriation (HB 76) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 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 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 FRIDAY, MARCH 20, 2015 1607 152.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report. State General Funds $96,161 $96,161 $96,161 152.100-Georgia Military Pension Fund Appropriation (HB 76) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,989,530 $1,989,530 $1,989,530 State General Funds $1,989,530 $1,989,530 $1,989,530 TOTAL PUBLIC FUNDS $1,989,530 $1,989,530 $1,989,530 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 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 153.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report. State General Funds $119,000 $119,000 $119,000 153.100 -Public School Employees Retirement System Appropriation (HB 76) 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 $28,580,000 $28,580,000 $28,580,000 $28,580,000 $28,580,000 $28,580,000 $28,580,000 $28,580,000 $28,580,000 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. 1608 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 154.1 Reduce funds for HB477 (2014 Session) as all requirements have been satisfied by the actuary. State General Funds ($5,000) ($5,000) ($5,000) 154.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($134,389) and contracts ($123,000). Retirement Payments $257,389 $257,389 $257,389 154.100-System Administration Appropriation (HB 76) 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 $10,400 $10,400 $10,400 State General Funds $10,400 $10,400 $10,400 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,981,059 $19,981,059 $19,981,059 State Funds Transfers $19,981,059 $19,981,059 $19,981,059 Retirement Payments $19,981,059 $19,981,059 $19,981,059 TOTAL PUBLIC FUNDS $19,991,459 $19,991,459 $19,991,459 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 24.72% for New Plan employees and 19.97% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.69% 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 $764.97 per member for State Fiscal Year 2016. Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds Section Total - Continuation $32,958,632 $32,958,632 $32,958,632 $32,958,632 $32,958,632 $32,958,632 FRIDAY, MARCH 20, 2015 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 1609 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 Section Total - Final $33,455,992 $33,455,992 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $46,484,456 $35,298,756 $35,298,756 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $48,327,220 $35,298,756 $35,298,756 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $48,327,220 1610 JOURNAL OF THE SENATE Commission Administration Continuation Budget The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 155.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $41,565 $41,565 $41,565 155.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,659 $18,659 $18,659 155.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,817) ($8,817) ($8,817) 155.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,135 $12,135 $12,135 155.5 Utilize existing funds of $48,000 to implement the Winter Weather Task Force recommendation to improve fleet management by using smart phone technology for 100 strike teams. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 155.100-Commission Administration Appropriation (HB 76) 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. FRIDAY, MARCH 20, 2015 1611 TOTAL 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 $3,465,107 $3,465,107 $48,800 $48,800 $76,288 $76,288 $76,288 $3,590,195 $3,465,107 $3,465,107 $48,800 $48,800 $76,288 $76,288 $76,288 $3,590,195 $3,465,107 $3,465,107 $48,800 $48,800 $76,288 $76,288 $76,288 $3,590,195 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 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 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 156.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $31,149 $31,149 $31,149 1612 JOURNAL OF THE SENATE 156.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,306 $12,306 $12,306 156.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,747) ($9,747) ($9,747) 156.4 Increase funds for personnel for the final installment of the employee retention plan for foresters and forest inventory analysis personnel. (S:Increase funds for personnel for the final installment of the employee retention plan for forest management personnel) State General Funds $131,637 $396,650 156.100-Forest Management Appropriation (HB 76) The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state- owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries, and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS $2,465,181 $2,596,818 $2,861,831 State General Funds $2,465,181 $2,596,818 $2,861,831 TOTAL FEDERAL FUNDS $3,553,571 $3,553,571 $3,553,571 Federal Funds Not Itemized $3,553,571 $3,553,571 $3,553,571 TOTAL AGENCY FUNDS $950,732 $950,732 $950,732 Intergovernmental Transfers $187,000 $187,000 $187,000 Intergovernmental Transfers Not Itemized $187,000 $187,000 $187,000 Sales and Services $763,732 $763,732 $763,732 Sales and Services Not Itemized $763,732 $763,732 $763,732 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $189,000 $189,000 $189,000 State Funds Transfers $189,000 $189,000 $189,000 Agency to Agency Contracts $189,000 $189,000 $189,000 TOTAL PUBLIC FUNDS $7,158,484 $7,290,121 $7,555,134 FRIDAY, MARCH 20, 2015 1613 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 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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 157.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $330,321 $330,321 $330,321 157.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $158,059 $158,059 $158,059 157.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($88,270) ($88,270) ($88,270) 1614 JOURNAL OF THE SENATE 157.4 Increase funds for personnel for the final installment of the employee retention plan for rangers and chief rangers. (S:Increase funds for personnel for the final installment of the employee retention plan for fire protection personnel) State General Funds $1,711,127 $1,446,114 157.100-Forest Protection Appropriation (HB 76) 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 STATE FUNDS $27,525,704 $29,236,831 $28,971,818 State General Funds $27,525,704 $29,236,831 $28,971,818 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 $4,741,312 $4,741,312 $4,741,312 Royalties and Rents $33,000 $33,000 $33,000 Royalties and Rents Not Itemized $33,000 $33,000 $33,000 Sales and Services $4,708,312 $4,708,312 $4,708,312 Sales and Services Not Itemized $4,708,312 $4,708,312 $4,708,312 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,000 $15,000 $15,000 State Funds Transfers $15,000 $15,000 $15,000 Agency to Agency Contracts $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $34,528,697 $36,239,824 $35,974,811 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 $0 $0 $133,717 $133,717 $0 $0 $133,717 $133,717 $0 $0 $133,717 $133,717 FRIDAY, MARCH 20, 2015 1615 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 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 158.100 -Tree Seedling Nursery Appropriation (HB 76) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $52,347,978 $52,347,978 $52,347,978 $52,347,978 $30,183,850 $30,183,850 $30,183,850 $30,183,850 $1,428,720 $1,428,720 $500,000 $500,000 $500,000 $500,000 $100,000 $100,000 $100,000 $100,000 $52,347,978 $52,347,978 $30,183,850 $30,183,850 $1,428,720 $500,000 $500,000 $100,000 $100,000 1616 JOURNAL OF THE SENATE 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 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 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 TOTAL PUBLIC FUNDS Section Total - Final $62,655,805 $62,655,805 $30,120,112 $30,120,112 $761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $93,684,273 $55,613,506 $55,613,506 $30,120,112 $30,120,112 $761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $86,641,974 $55,844,908 $55,844,908 $30,120,112 $30,120,112 $761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $86,873,376 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 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 FRIDAY, MARCH 20, 2015 1617 159.100-Governor's Emergency Fund Appropriation (HB 76) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $11,062,041 $11,062,041 $11,062,041 State General Funds $11,062,041 $11,062,041 $11,062,041 TOTAL PUBLIC FUNDS $11,062,041 $11,062,041 $11,062,041 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 O.C.G.A. 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 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 160.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $109,799 $109,799 $109,799 160.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $37,708 $37,708 $37,708 160.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,161 $6,161 $6,161 160.4 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental Administration program to the Governor's Office program for Disability Services Ombudsman activities to promote the safety, wellbeing, and rights of consumers. State General Funds $279,154 $279,154 $279,154 1618 JOURNAL OF THE SENATE 160.100 -Governor's Office Appropriation (HB 76) 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 STATE FUNDS $6,504,848 $6,504,848 $6,504,848 State General Funds $6,504,848 $6,504,848 $6,504,848 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,604,848 $6,604,848 $6,604,848 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 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 161.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $127,331 $127,331 $127,331 161.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $46,285 $46,285 $46,285 161.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,106 $8,106 $8,106 161.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $20,601 $20,601 $20,601 FRIDAY, MARCH 20, 2015 1619 161.5 Utilize existing funds for personnel ($200,000). (H:YES)(S:YES) State General Funds $0 $0 161.100 -Planning and Budget, Governor's Office of Appropriation (HB 76) The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS $8,556,036 $8,556,036 $8,556,036 State General Funds $8,556,036 $8,556,036 $8,556,036 TOTAL PUBLIC FUNDS $8,556,036 $8,556,036 $8,556,036 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 PUBLIC FUNDS $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 162.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,707 $18,707 $18,707 162.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,979 $5,979 $5,979 162.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,657) ($1,657) ($1,657) 162.4 Increase funds for personnel for one investigator position. State General Funds $70,000 $70,000 1620 JOURNAL OF THE SENATE 162.100 -Child Advocate, Office of the Appropriation (HB 76) 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 $911,295 $981,295 $981,295 State General Funds $911,295 $981,295 $981,295 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $916,295 $986,295 $986,295 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 TOTAL PUBLIC FUNDS $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 163.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,721 $1,721 $1,721 163.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,206 $1,206 $1,206 163.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for abstinence education activities. (H and S:NO; Reduce funds for the health survey program) State General Funds Federal Funds Not Itemized Total Public Funds: ($515,567) ($63,738) ($579,305) ($515,567) ($63,738) ($579,305) ($515,567) ($63,738) ($579,305) 163.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities. State General Funds ($92,500) ($92,500) ($92,500) FRIDAY, MARCH 20, 2015 1621 163.100 -Children and Families, Governor's Office for Appropriation (HB 76) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $824,505 $824,505 $824,505 State General Funds $824,505 $824,505 $824,505 TOTAL PUBLIC FUNDS $824,505 $824,505 $824,505 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 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548 164.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,477 $19,477 $19,477 164.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,544 $14,544 $14,544 1622 JOURNAL OF THE SENATE 164.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,313) ($6,313) ($6,313) 164.4 Increase funds for personnel for four positions to support recommendations made by the Governor's Severe Winter Weather Warning and Preparedness Task Force. State General Funds $304,000 $304,000 $235,200 164.5 Increase funds for personnel to reflect projected expenditures. State General Funds $62,198 $62,198 $62,198 164.6 Increase funds to begin a cyber security program. State General Funds $250,000 164.100 -Emergency Management Agency, Georgia Appropriation (HB 76) 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 $2,534,416 $2,534,416 $2,715,616 State General Funds $2,534,416 $2,534,416 $2,715,616 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 $33,045,454 $33,045,454 $33,226,654 FRIDAY, MARCH 20, 2015 1623 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 PUBLIC FUNDS $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 165.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,430 $14,430 $14,430 165.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,720 $4,720 $4,720 165.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,213 $6,213 $6,213 165.100-Equal Opportunity, Georgia Commission on Appropriation (HB 76) 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 $695,777 $695,777 $695,777 State General Funds $695,777 $695,777 $695,777 TOTAL PUBLIC FUNDS $695,777 $695,777 $695,777 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 $6,274,340 $6,274,340 $411,930 $6,274,340 $6,274,340 $411,930 $6,274,340 $6,274,340 $411,930 1624 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $411,930 $500 $500 $500 $6,686,770 $411,930 $500 $500 $500 $6,686,770 $411,930 $500 $500 $500 $6,686,770 166.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $116,240 $116,240 $116,240 166.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,879 $1,879 $1,879 166.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,408 $35,408 $35,408 166.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,156 $5,156 $5,156 166.5 Increase funds for personnel for two education preparation specialists ($208,924), one certification evaluator ($75,853), and one investigator ($69,289). State General Funds $354,066 $354,066 $354,066 166.6 Increase funds for information technology for maintenance and support of systems. State General Funds $100,000 $100,000 $100,000 166.100-Professional Standards Commission, Georgia Appropriation (HB 76) 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 $6,887,089 $6,887,089 $6,887,089 State General Funds $6,887,089 $6,887,089 $6,887,089 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 FRIDAY, MARCH 20, 2015 1625 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $411,930 $500 $500 $500 $7,299,519 $411,930 $500 $500 $500 $7,299,519 $411,930 $500 $500 $500 $7,299,519 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 167.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer Protection to the Department of Law to administer the program. State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: ($4,675,275) ($500,000) ($167,689) ($5,342,964) ($4,675,275) ($500,000) ($167,689) ($5,342,964) ($4,675,275) ($500,000) ($167,689) ($5,342,964) 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 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 1626 JOURNAL OF THE SENATE 168.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,126 $13,126 $13,126 168.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,048 $4,048 $4,048 168.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $743 $743 $743 168.100 -Office of the State Inspector General Appropriation (HB 76) 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 $670,679 $670,679 $670,679 State General Funds $670,679 $670,679 $670,679 TOTAL PUBLIC FUNDS $670,679 $670,679 $670,679 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 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 169.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $70,945 $70,945 $70,945 169.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,361 $4,361 $4,361 FRIDAY, MARCH 20, 2015 1627 169.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,375 $17,375 $17,375 169.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $222 $222 $222 169.5 Increase funds for Georgia's Academic and Workforce Analysis and Research Data System (GA AWARDS). State General Funds $217,100 $217,100 $217,100 169.6 Increase funds for personnel for an academic audit specialist position. State General Funds $109,863 $109,863 $109,863 169.7 Increase funds for erasure analysis of student assessments. State General Funds $150,000 $150,000 $150,000 169.8 Increase funds for the Georgia Innovation Fund to award grants for innovative programs in public education. State General Funds $2,500,000 $1,465,000 $1,465,000 169.9 Increase funds for the Governor's Honors Program to meet the projected need. State General Funds $413,170 $413,170 $413,170 169.10 Add funds for strategic professional development initiatives per SB404 (2012 Session). (H:Increase funds to expand the Reading Mentor program)(S:Increase funds for personnel for eight positions for a reading mentor program and eight positions for a K-5 function math mastery program) State General Funds $10,397,097 $4,319,798 $4,370,000 169.100 -Student Achievement, Office of Appropriation (HB 76) 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. 1628 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,009,119 $24,009,119 $24,009,119 $16,896,820 $16,896,820 $16,896,820 $16,947,022 $16,947,022 $16,947,022 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 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 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $523,873,307 $523,873,307 $517,681,501 $517,681,501 $6,191,806 $6,191,806 $1,102,315,922 $1,102,315,922 $453,603,669 $453,603,669 $22,498 $22,498 $1,166,080 $1,166,080 $209,161 $209,161 $10,599,773 $10,599,773 $16,526,699 $16,526,699 $76,380,126 $76,380,126 $55,866,874 $55,866,874 $79,458,085 $79,458,085 $52,778,456 $52,778,456 $355,704,501 $355,704,501 $348,149,998 $348,149,998 $7,554,503 $7,554,503 $48,536,211 $48,536,211 $46,500 $46,500 $46,500 $46,500 $465,286 $465,286 $465,286 $465,286 $48,024,425 $48,024,425 $48,024,425 $48,024,425 $3,567,485 $3,567,485 $523,873,307 $517,681,501 $6,191,806 $1,102,315,922 $453,603,669 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 FRIDAY, MARCH 20, 2015 1629 State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 Section Total - Final TOTAL STATE FUNDS $553,384,471 State General Funds $547,192,665 Tobacco Settlement Funds $6,191,806 TOTAL FEDERAL FUNDS $1,111,927,482 Federal Funds Not Itemized $454,054,359 CCDF Mandatory & Matching Funds CFDA93.596 $22,498 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,166,080 Child Care & Development Block Grant CFDA93.575 $209,161 FFIND Child Care and Development Block Grant CFDA93.575 $10,599,773 Community Services Block Grant CFDA93.569 $16,526,699 Foster Care Title IV-E CFDA93.658 $85,540,996 Low-Income Home Energy Assistance CFDA93.568 $55,866,874 Medical Assistance Program CFDA93.778 $79,458,085 Social Services Block Grant CFDA93.667 $52,778,456 Temporary Assistance for Needy Families $355,704,501 Temporary Assistance for Needy Families Grant CFDA93.558 $348,149,998 TANF Transfers to Social Services Block Grant per 42 USC 604 $7,554,503 TOTAL AGENCY FUNDS $48,536,211 Contributions, Donations, and Forfeitures $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 Reserved Fund Balances $465,286 Reserved Fund Balances Not Itemized $465,286 Sales and Services $48,024,425 Sales and Services Not Itemized $48,024,425 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,567,485 State Funds Transfers $1,344,249 $555,752,402 $549,560,596 $6,191,806 $1,115,463,744 $457,590,621 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $555,522,809 $549,331,003 $6,191,806 $1,115,463,744 $457,590,621 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 1630 JOURNAL OF THE SENATE Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $1,344,249 $2,223,236 $2,223,236 $1,717,415,649 $1,344,249 $2,223,236 $2,223,236 $1,723,319,842 $1,344,249 $2,223,236 $2,223,236 $1,723,090,249 Adoptions 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 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 170.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,251 $25,251 $25,251 170.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,456 $8,456 $8,456 170.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,031 $1,031 $1,031 170.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($386,952) ($386,952) ($386,952) FRIDAY, MARCH 20, 2015 1631 Federal Funds Not Itemized Total Public Funds: $386,952 $0 $386,952 $0 $386,952 $0 170.100 -Adoptions Services Appropriation (HB 76) The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $33,722,357 $33,722,357 $56,565,817 $40,165,817 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,334,674 $33,722,357 $33,722,357 $56,565,817 $40,165,817 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,334,674 $33,722,357 $33,722,357 $56,565,817 $40,165,817 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,334,674 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 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 171.100 -After School Care Appropriation (HB 76) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. 1632 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 Child Abuse and Neglect Prevention Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 172.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $587 $587 $587 172.2 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect Prevention program for child abuse and neglect prevention and home visiting activities. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Federal Funds Not Itemized Total Public Funds: $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 172.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for abstinence education activities. (H and S:NO; Eliminate funds for the health survey program) State General Funds Federal Funds Not Itemized Total Public Funds: $515,567 $0 $0 $63,738 $0 $0 $579,305 $0 $0 172.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities. State General Funds $92,500 $92,500 $92,500 172.99 SAC: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. FRIDAY, MARCH 20, 2015 1633 House: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. Governor: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. State General Funds $0 $0 $0 172.100 -Child Abuse and Neglect Prevention Appropriation (HB 76) The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. TOTAL STATE FUNDS $1,790,600 $1,275,033 $1,275,033 State General Funds $1,790,600 $1,275,033 $1,275,033 TOTAL FEDERAL FUNDS $7,982,802 $7,919,064 $7,919,064 Federal Funds Not Itemized $4,910,132 $4,846,394 $4,846,394 Temporary Assistance for Needy Families $3,072,670 $3,072,670 $3,072,670 Temporary Assistance for Needy Families Grant CFDA93.558 $768,167 $768,167 $768,167 TANF Transfers to Social Services Block Grant per 42 USC 604 $2,304,503 $2,304,503 $2,304,503 TOTAL PUBLIC FUNDS $9,773,402 $9,194,097 $9,194,097 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 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 173.100 -Child Care Services Appropriation (HB 76) 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 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 1634 JOURNAL OF THE SENATE Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 174.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $333,177 $333,177 $333,177 174.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $148,914 $148,914 $148,914 174.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $13,107 $13,107 $13,107 174.100 -Child Support Services Appropriation (HB 76) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $28,819,045 $28,819,045 $28,819,045 State General Funds $28,819,045 $28,819,045 $28,819,045 TOTAL FEDERAL FUNDS $76,405,754 $76,405,754 $76,405,754 Federal Funds Not Itemized $76,285,754 $76,285,754 $76,285,754 FRIDAY, MARCH 20, 2015 1635 Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $108,462,059 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $108,462,059 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $108,462,059 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 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 175.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,044,406 $2,044,406 $2,044,406 1636 JOURNAL OF THE SENATE 175.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $583,255 $583,255 $583,255 175.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,405 $6,405 $6,405 175.4 Increase funds to annualize the cost of the 103 FY2015 Child Protective Services caseworkers. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $4,977,117 $1,244,279 $6,221,396 $4,977,117 $1,244,279 $6,221,396 $4,977,117 $1,244,279 $6,221,396 175.5 Increase funds for personnel for 128 additional new Child Protective Services caseworkers and transfer funds from the Federal Benefits Eligibility Services program to the Child Welfare Services program for 47 additional Child Protective Services caseworkers. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $7,513,193 $1,878,298 $9,391,491 $7,513,193 $1,878,298 $9,391,491 $7,513,193 $1,878,298 $9,391,491 175.6 Transfer real estate savings from the Federal Benefits Eligibility Services program to the Child Welfare Services program for Statewide Automated Child Welfare Information System (SHINES) maintenance. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $414,180 $414,180 $828,360 $414,180 $414,180 $828,360 $414,180 $414,180 $828,360 175.7 Increase funds to implement a supervisor mentor pilot program as recommended by the Child Welfare Reform Council. State General Funds $220,000 $220,000 $220,000 175.8 Increase funds to implement career ladders and performance-based increases for CPS caseworkers and supervisors as recommended by the Child Welfare Reform Council. State General Funds $5,000,000 $5,000,000 $5,000,000 FRIDAY, MARCH 20, 2015 1637 175.9 Increase funds for training to enhance CPS caseworker safety as recommended by the Child Welfare Reform Council. State General Funds $620,000 $620,000 $620,000 175.10 Increase funds for mobile technologies to support field knowledge and application of policy as recommended by the Child Welfare Reform Council. State General Funds $1,033,000 $1,033,000 $1,033,000 175.11 Increase funds to improve recruitment and training of foster parents as recommended by the Child Welfare Reform Council. State General Funds $5,833,000 $5,833,000 $5,833,000 175.12 Increase funds for the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize funds for criminal background investigations ($50,000). (S:Increase funds for the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize funds for criminal background investigations ($20,000)) State General Funds $120,000 $90,000 175.100 -Child Welfare Services Appropriation (HB 76) 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 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $141,858,657 $141,858,657 $159,721,391 $27,943,131 $22,498 $200,835 $31,761,301 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $141,978,657 $141,978,657 $159,721,391 $27,943,131 $22,498 $200,835 $31,761,301 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $141,948,657 $141,948,657 $159,721,391 $27,943,131 $22,498 $200,835 $31,761,301 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 1638 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $112,489 $112,489 $301,692,537 $112,489 $112,489 $301,812,537 $112,489 $112,489 $301,782,537 Child Welfare Services - Special Project Continuation Budget The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. 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 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL PUBLIC FUNDS $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,101,010 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,101,010 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,101,010 176.1 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect Prevention program for child abuse and neglect prevention and home visiting activities. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Federal Funds Not Itemized Total Public Funds: ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) 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 $16,110,137 $16,110,137 $16,110,137 $0 $0 $16,110,137 $16,110,137 $16,110,137 $0 $0 $16,110,137 $16,110,137 $16,110,137 FRIDAY, MARCH 20, 2015 1639 177.100 -Community Services Appropriation (HB 76) 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 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 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 FFIND 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 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 178.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $678,740 $678,740 $678,740 1640 JOURNAL OF THE SENATE 178.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $278,664 $278,664 $278,664 178.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $27,706 $27,706 $27,706 178.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $84,622 $84,622 $84,622 178.5 Increase funds to replace the loss of federal funds resulting from changes to the statewide cost allocation methodology for payments for state administrative hearings. State General Funds $613,593 $613,593 $0 178.100-Departmental Administration Appropriation (HB 76) 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 FFIND 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 $36,168,287 $36,168,287 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $36,168,287 $36,168,287 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $35,554,694 $35,554,694 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 FRIDAY, MARCH 20, 2015 1641 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,260,955 $13,260,955 $101,342,626 $13,260,955 $13,260,955 $101,342,626 $13,260,955 $13,260,955 $100,729,033 Elder Abuse Investigations and Prevention Continuation Budget The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 $15,499,746 $15,499,746 $3,573,433 $793,894 $500,000 $2,279,539 $19,073,179 179.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $233,286 $233,286 $233,286 179.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,285 $101,285 $101,285 179.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $9,523 $9,523 $9,523 179.4 Increase funds for personnel for 11 additional Adult Protective Services caseworkers. State General Funds $693,333 $693,333 $693,333 179.5 Increase funds for technology needs and federally required volunteer training in local programs. State General Funds $126,904 $126,904 1642 JOURNAL OF THE SENATE 179.100 -Elder Abuse Investigations and Prevention Appropriation (HB 76) 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 $16,537,173 $16,664,077 $16,664,077 State General Funds $16,537,173 $16,664,077 $16,664,077 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 $20,110,606 $20,237,510 $20,237,510 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 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 180.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,037 $13,037 $13,037 180.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,999 $4,999 $4,999 180.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $532 $532 $532 FRIDAY, MARCH 20, 2015 1643 180.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($1,039,827) ($1,039,827) ($1,039,827) 180.5 Reduce administrative costs for the 12 Area Agencies on Aging (AAA) and utilize savings to provide additional services to consumers. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 180.6 Increase funds for Home and Community Based Services (HCBS). State General Funds $1,500,000 $1,884,000 180.7 Increase funds for personnel for one coordinator position to manage the Alzheimer's and Related Dementias State Plan pursuant to SB14 (2013 session). State General Funds $107,594 $107,594 180.100-Elder Community Living Services Appropriation (HB 76) 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 $69,264,083 $70,871,677 $71,255,677 State General Funds $63,072,277 $64,679,871 $65,063,871 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 $110,680,885 $112,288,479 $112,672,479 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 $3,615,507 $3,615,507 $3,615,507 $3,615,507 $3,615,507 $3,615,507 1644 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $6,616,268 $5,866,268 $750,000 $10,231,775 $6,616,268 $5,866,268 $750,000 $10,231,775 $6,616,268 $5,866,268 $750,000 $10,231,775 181.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,862 $8,862 $8,862 181.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,807 $3,807 $3,807 181.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $362 $362 $362 181.100 -Elder Support Services Appropriation (HB 76) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $3,628,538 $3,628,538 $3,628,538 State General Funds $3,628,538 $3,628,538 $3,628,538 TOTAL FEDERAL FUNDS $6,616,268 $6,616,268 $6,616,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 Social Services Block Grant CFDA93.667 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $10,244,806 $10,244,806 $10,244,806 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 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 FRIDAY, MARCH 20, 2015 1645 182.100 -Energy Assistance Appropriation (HB 76) 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 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 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 PUBLIC FUNDS $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 183.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice Coordinating Council: Family Violence program to align administration of Family Violence activities. State General Funds ($11,802,450) ($11,802,450) ($11,802,450) 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 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 Temporary Assistance for Needy Families $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 1646 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $23,213,738 $23,213,738 $23,213,738 $283,971,145 $283,971,145 $283,971,145 184.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,270,185 $2,270,185 $2,270,185 184.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $640,844 $640,844 $640,844 184.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,857 $1,857 $1,857 184.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $20,199 $20,199 $20,199 184.5 Reduce funds in contracts and transfer savings from the Federal Eligibility Benefit Services program to the Child Welfare Services program for 47 additional Child Protective Services caseworkers. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 184.6 Reduce funds to reflect real estate savings from the Houston County Division of Children and Family Services building acquisition and transfer savings to the Child Welfare Services program for Statewide Automated Child Welfare Information System (SHINES) maintenance. State General Funds ($414,180) ($414,180) ($414,180) 184.100 -Federal Eligibility Benefit Services Appropriation (HB 76) 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 $107,226,886 $107,226,886 $107,226,886 State General Funds $107,226,886 $107,226,886 $107,226,886 TOTAL FEDERAL FUNDS $177,263,164 $177,263,164 $177,263,164 Federal Funds Not Itemized $88,457,286 $88,457,286 $88,457,286 FRIDAY, MARCH 20, 2015 1647 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,490,050 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,490,050 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,490,050 Federal Fund Transfers to Other Agencies Continuation Budget The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 185.100-Federal Fund Transfers to Other Agencies Appropriation (HB 76) The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 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. 1648 JOURNAL OF THE SENATE 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 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $72,281,117 $72,281,117 $137,852,347 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 186.1 Increase funds for growth in Out-Of-Home Care utilization. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $9,812,147 $5,218,767 $15,030,914 $9,812,147 $5,218,767 $15,030,914 $9,812,147 $5,218,767 $15,030,914 186.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: ($405,346) $405,346 $0 ($405,346) $405,346 $0 ($405,346) $405,346 $0 186.100 -Out-of-Home Care Appropriation (HB 76) 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 $81,687,918 $81,687,918 $81,687,918 State General Funds $81,687,918 $81,687,918 $81,687,918 TOTAL FEDERAL FUNDS $143,476,460 $143,476,460 $143,476,460 Federal Funds Not Itemized $164,819 $164,819 $164,819 Foster Care Title IV-E CFDA93.658 $45,121,389 $45,121,389 $45,121,389 Temporary Assistance for Needy Families $98,190,252 $98,190,252 $98,190,252 Temporary Assistance for Needy Families Grant CFDA93.558 $98,190,252 $98,190,252 $98,190,252 TOTAL PUBLIC FUNDS $225,164,378 $225,164,378 $225,164,378 FRIDAY, MARCH 20, 2015 1649 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 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 187.100 -Refugee Assistance Appropriation (HB 76) 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 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 Residential 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 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 188.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $32,610 $32,610 $32,610 188.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,749 $14,749 $14,749 1650 JOURNAL OF THE SENATE 188.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,331 $1,331 $1,331 188.98 Change the name of the Child Care Licensing program to Residential Child Care Licensing. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 188.100 -Residential Child Care Licensing Appropriation (HB 76) 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 $1,638,040 $1,638,040 $1,638,040 State General Funds $1,638,040 $1,638,040 $1,638,040 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 $2,257,303 $2,257,303 $2,257,303 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 TOTAL PUBLIC FUNDS $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 189.100-Support for Needy Families - Basic Assistance Appropriation (HB 76) The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. TOTAL STATE FUNDS $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $48,306,610 $48,306,610 $48,306,610 FRIDAY, MARCH 20, 2015 1651 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $48,306,610 $48,306,610 $48,406,610 $48,306,610 $48,306,610 $48,406,610 $48,306,610 $48,306,610 $48,406,610 Support for Needy Families - Work Assistance Continuation Budget 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 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 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 190.100-Support for Needy Families - Work Assistance Appropriation (HB 76) 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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 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 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 1652 JOURNAL OF THE SENATE 191.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,977 $2,977 $2,977 191.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,310 $2,310 $2,310 191.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $122 $122 $122 191.100 -Council On Aging Appropriation (HB 76) 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 $232,731 $232,731 $232,731 State General Funds $232,731 $232,731 $232,731 TOTAL PUBLIC FUNDS $232,731 $232,731 $232,731 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 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 192.1 Increase funds to raise county allocations from $45,000 to $46,000. State General Funds $159,000 $159,000 192.100-Family Connection Appropriation (HB 76) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. FRIDAY, MARCH 20, 2015 1653 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967 $8,664,148 $8,664,148 $1,172,819 $1,172,819 $9,836,967 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 193.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,901 $3,901 $3,901 193.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,686 $1,686 $1,686 193.100-Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 76) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $282,801 $282,801 $282,801 State General Funds $282,801 $282,801 $282,801 TOTAL FEDERAL FUNDS $696,740 $696,740 $696,740 1654 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 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 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 194.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $78,130 $78,130 $78,130 194.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $28,596 $28,596 $28,596 194.3 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds ($71,809) ($71,809) ($71,809) 194.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 76) 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 20, 2015 1655 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,461,659 $1,461,659 $6,526,132 $6,526,132 $7,987,791 $1,461,659 $1,461,659 $6,526,132 $6,526,132 $7,987,791 $1,461,659 $1,461,659 $6,526,132 $6,526,132 $7,987,791 Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 195.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Appropriation (HB 76) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 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 $0 $0 $0 $0 $0 $0 1656 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 196.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 76) 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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 FRIDAY, MARCH 20, 2015 1657 197.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $232,009 $232,009 $232,009 197.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $220,312 $220,312 $220,312 197.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,178 $2,178 $2,178 197.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,687 $5,687 $5,687 197.5 Increase funds for telecommunications. State General Funds $52,592 $52,592 $52,592 197.6 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds $71,809 $71,809 $71,809 197.7 Increase funds to assist training and employment support for Georgians with disabilities. State General Funds Federal Funds Not Itemized Total Public Funds: $900,000 $3,600,000 $4,500,000 $900,000 $3,600,000 $4,500,000 197.8 Reduce funds for one-time funding for Friends of Disabled Adults and Children (FODAC) for equipment. State General Funds ($30,000) $0 197.100-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. Appropriation (HB 76) 1658 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 $18,391,505 $18,391,505 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $94,355,719 $19,261,505 $19,261,505 $74,404,214 $74,404,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $98,825,719 $19,291,505 $19,291,505 $74,404,214 $74,404,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $98,855,719 Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Continuation Budget The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 198.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Appropriation (HB 76) The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. TOTAL STATE FUNDS $2,069,043 $2,069,043 $2,069,043 State General Funds $2,069,043 $2,069,043 $2,069,043 TOTAL AGENCY FUNDS $18,519,922 $18,519,922 $18,519,922 Sales and Services $18,519,922 $18,519,922 $18,519,922 Sales and Services Not Itemized $18,519,922 $18,519,922 $18,519,922 TOTAL PUBLIC FUNDS $20,588,965 $20,588,965 $20,588,965 FRIDAY, MARCH 20, 2015 1659 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 $19,839,192 $19,839,192 $19,839,192 $19,839,192 $726,955 $726,955 $726,955 $726,955 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $20,905,173 $20,905,173 $19,839,192 $19,839,192 $726,955 $726,955 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173 1660 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 Section Total - Final $19,992,187 $19,992,187 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,366,321 $19,992,187 $19,992,187 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,366,321 $19,842,187 $19,842,187 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,216,321 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 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 199.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,932 $33,932 $33,932 199.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,554 $12,554 $12,554 199.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,205 $4,205 $4,205 199.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($552) ($552) ($552) FRIDAY, MARCH 20, 2015 1661 199.100-Departmental Administration Appropriation (HB 76) 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 $1,862,331 $1,862,331 $1,862,331 State General Funds $1,862,331 $1,862,331 $1,862,331 TOTAL PUBLIC FUNDS $1,862,331 $1,862,331 $1,862,331 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 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 200.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,759 $8,759 $8,759 200.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,284 $5,284 $5,284 200.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,085 $1,085 $1,085 200.100 -Enforcement Appropriation (HB 76) 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 $789,431 $789,431 $789,431 State General Funds $789,431 $789,431 $789,431 TOTAL PUBLIC FUNDS $789,431 $789,431 $789,431 1662 JOURNAL OF THE SENATE Fire Safety Continuation Budget The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 201.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $95,618 $95,618 $95,618 201.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,167 $48,167 $48,167 201.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,848 $11,848 $11,848 201.4 Replace funds for manufactured housing inspections and regulatory activities. State General Funds Federal Funds Not Itemized Total Public Funds: ($308,153) $308,153 $0 ($308,153) $308,153 $0 ($308,153) $308,153 $0 FRIDAY, MARCH 20, 2015 1663 201.5 Reduce funds for motor vehicle purchases. State General Funds ($42,716) 201.100-Fire Safety Appropriation (HB 76) 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 $6,937,260 $6,937,260 $6,894,544 State General Funds $6,937,260 $6,937,260 $6,894,544 TOTAL FEDERAL FUNDS $1,028,632 $1,028,632 $1,028,632 Federal Funds Not Itemized $1,028,632 $1,028,632 $1,028,632 TOTAL AGENCY FUNDS $5,000 $5,000 $5,000 Sales and Services $5,000 $5,000 $5,000 Sales and Services Not Itemized $5,000 $5,000 $5,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $334,026 $334,026 $334,026 State Funds Transfers $334,026 $334,026 $334,026 Agency to Agency Contracts $334,026 $334,026 $334,026 TOTAL PUBLIC FUNDS $8,304,918 $8,304,918 $8,262,202 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 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 202.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,084 $10,084 $10,084 202.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,457 $4,457 $4,457 1664 JOURNAL OF THE SENATE 202.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,250 $1,250 $1,250 202.4 Reduce funds for motor vehicle purchases. State General Funds ($18,527) 202.100 -Industrial Loan Appropriation (HB 76) 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 $686,739 $686,739 $668,212 State General Funds $686,739 $686,739 $668,212 TOTAL PUBLIC FUNDS $686,739 $686,739 $668,212 Insurance Regulation Continuation Budget The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 203.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $141,314 $141,314 $141,314 203.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $65,633 $65,633 $65,633 203.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $17,510 $17,510 $17,510 FRIDAY, MARCH 20, 2015 1665 203.4 Reduce funds for motor vehicle purchases. State General Funds ($50,001) 203.5 Reduce funds for operations. State General Funds ($38,756) 203.98 Transfer funds, 55 positions and five motor vehicles from the Special Fraud program to the Insurance Regulation program. State General Funds Federal Funds Not Itemized Total Public Funds: $4,214,365 $6,476 $4,220,841 $4,214,365 $6,476 $4,220,841 $4,214,365 $6,476 $4,220,841 203.100 -Insurance Regulation Appropriation (HB 76) 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 $9,716,426 $9,716,426 $6,476 $6,476 $9,722,902 $9,716,426 $9,716,426 $6,476 $6,476 $9,722,902 $9,627,669 $9,627,669 $6,476 $6,476 $9,634,145 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 1666 JOURNAL OF THE SENATE 204.98 Transfer funds, 55 positions, and five motor vehicles from the Special Fraud program to the Insurance Regulation program. State General Funds Federal Funds Not Itemized Total Public Funds: ($4,214,365) ($6,476) ($4,220,841) ($4,214,365) ($6,476) ($4,220,841) ($4,214,365) ($6,476) ($4,220,841) Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $99,943,154 $99,943,154 $99,943,154 $99,943,154 $30,583,872 $30,583,872 $29,592,192 $29,592,192 $991,680 $991,680 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $153,615,262 $153,615,262 $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $119,060,297 $119,060,297 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $172,732,405 $120,695,059 $120,695,059 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $174,367,167 $120,107,678 $120,107,678 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $173,779,786 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. FRIDAY, MARCH 20, 2015 1667 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 205.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $58,996 $58,996 $58,996 205.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,604 $30,604 $30,604 205.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($739) ($739) ($739) 205.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $26,490 $26,490 $26,490 205.5 Increase funds for telecommunications. State General Funds $92,330 $92,330 $92,330 205.100-Bureau Administration Appropriation (HB 76) 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 $7,891,618 $7,891,618 $7,891,618 State General Funds $7,891,618 $7,891,618 $7,891,618 TOTAL FEDERAL FUNDS $12,600 $12,600 $12,600 Federal Funds Not Itemized $12,600 $12,600 $12,600 TOTAL PUBLIC FUNDS $7,904,218 $7,904,218 $7,904,218 1668 JOURNAL OF THE SENATE Criminal Justice Information Services Continuation Budget The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 206.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $53,422 $53,422 $53,422 206.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,223 $24,223 $24,223 206.3 Increase funds for telecommunications. State General Funds $93,936 $93,936 $93,936 206.100-Criminal Justice Information Services Appropriation (HB 76) 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 $4,392,764 $4,392,764 $4,392,764 State General Funds $4,392,764 $4,392,764 $4,392,764 TOTAL FEDERAL FUNDS $123,685 $123,685 $123,685 Federal Funds Not Itemized $123,685 $123,685 $123,685 TOTAL AGENCY FUNDS $6,308,894 $6,308,894 $6,308,894 FRIDAY, MARCH 20, 2015 1669 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,308,894 $6,308,894 $10,825,343 $6,308,894 $6,308,894 $10,825,343 $6,308,894 $6,308,894 $10,825,343 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 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 207.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $372,406 $372,406 $372,406 207.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $180,998 $180,998 $180,998 207.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,296) ($4,296) ($4,296) 207.4 Increase funds for telecommunications. State General Funds $100,272 $100,272 $100,272 1670 JOURNAL OF THE SENATE 207.5 Increase funds for personnel for retention and recruitment initiatives for Medical Examiner positions. State General Funds $480,084 $480,084 $480,084 207.100-Forensic Scientific Services Appropriation (HB 76) 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 $32,889,331 $32,889,331 $32,889,331 State General Funds $32,889,331 $32,889,331 $32,889,331 TOTAL FEDERAL FUNDS $66,131 $66,131 $66,131 Federal Funds Not Itemized $66,131 $66,131 $66,131 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 $33,113,327 $33,113,327 $33,113,327 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 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $33,656,496 $33,656,496 $1,157,065 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 FRIDAY, MARCH 20, 2015 1671 208.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $494,210 $494,210 $494,210 208.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $206,556 $206,556 $206,556 208.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($3,935) ($3,935) ($3,935) 208.4 Increase funds for telecommunications. State General Funds $96,186 $96,186 $96,186 208.5 Increase funds for personnel for eight agents to specialize in elder abuse cases. (S:Increase funds for personnel for four agents to specialize in elder abuse cases) State General Funds $1,634,762 $817,381 208.100 -Regional Investigative Services Appropriation (HB 76) 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 $34,449,513 $36,084,275 $35,266,894 State General Funds $34,449,513 $36,084,275 $35,266,894 TOTAL FEDERAL FUNDS $1,157,065 $1,157,065 $1,157,065 Federal Funds Not Itemized $1,157,065 $1,157,065 $1,157,065 TOTAL AGENCY FUNDS $71,199 $71,199 $71,199 Sales and Services $71,199 $71,199 $71,199 Sales and Services Not Itemized $71,199 $71,199 $71,199 TOTAL PUBLIC FUNDS $35,677,777 $37,312,539 $36,495,158 1672 JOURNAL OF THE SENATE 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 209.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,390 $11,390 $11,390 209.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,022 $5,022 $5,022 209.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($3,462) ($3,462) ($3,462) 209.4 Increase funds for the Accountability Courts Granting Committee to expand and create adult felony drug courts. State General Funds $1,097,713 $1,097,713 $1,097,713 209.5 Increase funds for the Accountability Courts Granting Committee to expand and create mental health accountability courts. State General Funds $220,280 $220,280 $220,280 209.6 Increase funds for the Accountability Courts Granting Committee to expand existing courts and provide the state match to implement and support new veterans' courts. State General Funds $593,018 $593,018 $593,018 FRIDAY, MARCH 20, 2015 1673 209.7 Increase funds for the Accountability Courts Granting Committee to expand and create family dependent drug courts. State General Funds $215,975 $215,975 $215,975 209.8 Increase funds for the Accountability Courts Granting Committee to expand juvenile drug accountability courts. State General Funds $122,105 $122,105 $122,105 209.9 Increase funds for the Accountability Courts Granting Committee to expand DUI accountability courts. State General Funds $199,094 $199,094 $199,094 209.10 Increase funds for the Accountability Courts Granting Committee to enter into an agreement with the Department of Corrections to provide transportation services for offenders to attend prescribed treatment and court, and to expand and support probation Day Reporting Centers. State General Funds $981,815 $981,815 $981,815 209.11 Increase funds for the Juvenile Justice Incentive Grant Program Funding Committee to expand the Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. State General Funds $1,120,000 $1,120,000 $1,120,000 209.12 Increase funds for the Accountability Courts Funding Committee to enter into an agreement with the Department of Behavioral Health and Developmental Disabilities to provide fidelity reviews on treatment providers, and for personnel for two mental health liaison positions to coordinate treatment between the agency and the courts. State General Funds $450,000 $450,000 $450,000 209.100-Criminal Justice Coordinating Council Appropriation (HB 76) 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 $27,634,621 $27,634,621 $27,634,621 State General Funds $27,634,621 $27,634,621 $27,634,621 TOTAL FEDERAL FUNDS $29,224,391 $29,224,391 $29,224,391 Federal Funds Not Itemized $28,232,711 $28,232,711 $28,232,711 FFIND Temp. Assistance for Needy Families CFDA93.558 $991,680 $991,680 $991,680 TOTAL AGENCY FUNDS $16,550,278 $16,550,278 $16,550,278 1674 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,550,278 $16,550,278 $73,409,290 $16,550,278 $16,550,278 $73,409,290 $16,550,278 $16,550,278 $73,409,290 Criminal Justice Coordinating Council: Family Violence Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 210.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice Coordinating Council: Family Violence program to align budget with program activities. State General Funds $11,802,450 $11,802,450 $11,802,450 210.2 Increase funds for $10,000 grants for the 23 Sexual Assault Centers. State General Funds $230,000 210.99 SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. State General Funds $0 $0 $0 210.100-Criminal Justice Coordinating Council: Family Violence Appropriation (HB 76) 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 $12,032,450 State General Funds $11,802,450 $11,802,450 $12,032,450 TOTAL PUBLIC FUNDS $11,802,450 $11,802,450 $12,032,450 FRIDAY, MARCH 20, 2015 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS 1675 Section Total - Continuation $306,918,411 $306,918,411 $306,918,411 $306,918,411 $5,981,599 $5,981,599 $4,450,373 $4,450,373 $1,531,226 $1,531,226 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $313,332,253 $313,332,253 $306,918,411 $306,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $313,332,253 Section Total - Final $312,701,460 $312,701,460 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $319,115,302 $312,701,460 $312,701,460 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $319,115,302 $309,610,686 $309,610,686 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $316,024,528 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 1676 JOURNAL OF THE SENATE 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 State General Funds TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 211.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $739,979 $739,979 $739,979 211.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $368,744 $368,744 $368,744 211.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($194,072) ($194,072) ($194,072) 211.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $33,424 $33,424 $33,424 211.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds $1,500,000 $1,500,000 $1,500,000 FRIDAY, MARCH 20, 2015 1677 211.100 -Community Services Appropriation (HB 76) 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 $86,126,954 $86,126,954 $86,126,954 State General Funds $86,126,954 $86,126,954 $86,126,954 TOTAL FEDERAL FUNDS $1,373,480 $1,373,480 $1,373,480 Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $351,158 $351,158 $351,158 Federal Funds Transfers $351,158 $351,158 $351,158 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 TOTAL PUBLIC FUNDS $87,851,592 $87,851,592 $87,851,592 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 Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $24,257,017 212.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $207,229 $207,229 $207,229 1678 JOURNAL OF THE SENATE 212.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $111,878 $111,878 $111,878 212.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($36,779) ($36,779) ($36,779) 212.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,813 $10,813 $10,813 212.100-Departmental Administration Appropriation (HB 76) 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 $23,529,902 $23,529,902 $23,529,902 State General Funds $23,529,902 $23,529,902 $23,529,902 TOTAL FEDERAL FUNDS $1,004,957 $1,004,957 $1,004,957 Federal Funds Not Itemized $847,211 $847,211 $847,211 Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 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 PUBLIC FUNDS $24,550,158 $24,550,158 $24,550,158 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, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $90,797,738 $90,797,738 $2,035,102 $2,035,102 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $90,797,738 $90,797,738 $2,035,102 $2,035,102 FRIDAY, MARCH 20, 2015 1679 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,589 $23,589 $23,589 $92,856,429 $23,589 $23,589 $23,589 $92,856,429 213.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $924,998 $924,998 $23,589 $23,589 $23,589 $92,856,429 $924,998 213.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $461,350 $461,350 $461,350 213.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($287,113) ($287,113) ($287,113) 213.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $33,377 $33,377 $33,377 213.5 Increase funds to annualize funds for 77 positions and operations for the Bill Ireland Youth Development Campus. State General Funds $1,841,474 $1,841,474 $1,841,474 213.100-Secure Commitment (YDCs) Appropriation (HB 76) 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, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $93,771,824 $93,771,824 $93,771,824 State General Funds $93,771,824 $93,771,824 $93,771,824 TOTAL FEDERAL FUNDS $2,035,102 $2,035,102 $2,035,102 Federal Funds Not Itemized $2,035,102 $2,035,102 $2,035,102 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 PUBLIC FUNDS $95,830,515 $95,830,515 $95,830,515 1680 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, or sentenced to the Short Term 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 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 214.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,294,207 $1,294,207 $1,294,207 214.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $609,483 $609,483 $609,483 214.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($377,680) ($377,680) ($377,680) 214.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $41,737 $41,737 $41,737 214.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) FRIDAY, MARCH 20, 2015 1681 214.6 Reduce funds to meet projected expenditures. State General Funds ($3,090,774) 214.7 Utilize existing funds to study and recommend a facility location in a highly populated county, Gwinnett County. (S:YES) State General Funds $0 214.100 -Secure Detention (RYDCs) Appropriation (HB 76) 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, or sentenced to the Short Term Program. TOTAL STATE FUNDS $109,272,780 $109,272,780 $106,182,006 State General Funds $109,272,780 $109,272,780 $106,182,006 TOTAL FEDERAL FUNDS $1,568,060 $1,568,060 $1,568,060 Federal Funds Not Itemized $1,568,060 $1,568,060 $1,568,060 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 TOTAL PUBLIC FUNDS $110,883,037 $110,883,037 $107,792,263 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $12,692,804 $12,692,804 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $136,826,607 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 1682 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $13,221,081 $13,221,081 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,354,884 $13,039,881 $13,039,881 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,173,684 $13,039,881 $13,039,881 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,173,684 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 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 215.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,622 $2,622 $2,622 215.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,018 $7,018 $7,018 FRIDAY, MARCH 20, 2015 1683 215.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $142 $142 $142 215.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $27,668 $27,668 $27,668 215.100 -Department of Labor Administration Appropriation (HB 76) 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 $1,637,885 $1,637,885 $1,637,885 State General Funds $1,637,885 $1,637,885 $1,637,885 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,090,450 $33,090,450 $33,090,450 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 $2,249,873 216.100 -Labor Market Information Appropriation (HB 76) 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 1684 JOURNAL OF THE SENATE Unemployment Insurance Continuation Budget The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 217.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,840 $47,840 $47,840 217.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,164 $17,164 $17,164 217.3 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with Regulation of Youth Employment activities. State General Funds ($201,439) ($201,439) ($201,439) 217.4 Utilize existing funds for the collection of administrative assessments. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 217.100-Unemployment Insurance Appropriation (HB 76) 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 $4,228,565 $4,228,565 $4,228,565 State General Funds $4,228,565 $4,228,565 $4,228,565 TOTAL FEDERAL FUNDS $34,599,186 $34,599,186 $34,599,186 Federal Funds Not Itemized $34,599,186 $34,599,186 $34,599,186 TOTAL PUBLIC FUNDS $38,827,751 $38,827,751 $38,827,751 FRIDAY, MARCH 20, 2015 1685 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 218.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,049 $11,049 $11,049 218.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,258 $15,258 $15,258 218.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $597 $597 $597 218.4 Increase funds for personnel for six positions for Customized Recruitment operations to support additional economic development efforts. (H and S:Increase funds for personnel for three positions for the Customized Recruitment program) State General Funds $398,919 $217,719 $217,719 218.5 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with Regulation of Youth Employment activities. State General Funds $201,439 $201,439 $201,439 1686 JOURNAL OF THE SENATE 218.100 -Workforce Solutions Appropriation (HB 76) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,354,631 $7,173,431 $7,173,431 State General Funds $7,354,631 $7,173,431 $7,173,431 TOTAL FEDERAL FUNDS $54,762,513 $54,762,513 $54,762,513 Federal Funds Not Itemized $54,762,513 $54,762,513 $54,762,513 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,069,666 $1,069,666 $1,069,666 Agency Funds Transfers $1,069,666 $1,069,666 $1,069,666 Agency Fund Transfers Not Itemized $1,069,666 $1,069,666 $1,069,666 TOTAL PUBLIC FUNDS $63,186,810 $63,005,610 $63,005,610 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 TOTAL PUBLIC FUNDS Section Total - Continuation $21,242,362 $21,242,362 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $61,429,477 $61,429,477 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Final $26,862,605 $26,862,605 $3,597,990 $3,597,990 $939,740 $772,051 $26,862,605 $26,862,605 $3,597,990 $3,597,990 $939,740 $772,051 $26,992,089 $26,992,089 $3,597,990 $3,597,990 $939,740 $772,051 FRIDAY, MARCH 20, 2015 1687 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 TOTAL PUBLIC FUNDS $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,717,409 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,717,409 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,846,893 Consumer Protection TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 219.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $98,063 $98,063 $98,063 219.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $33,893 $33,893 $33,893 219.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,475 $11,475 $11,475 219.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer Protection to the Department of Law to administer the program. State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: $4,675,275 $500,000 $167,689 $5,342,964 $4,675,275 $500,000 $167,689 $5,342,964 $4,675,275 $500,000 $167,689 $5,342,964 219.99 SAC: 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. House: 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. 1688 JOURNAL OF THE SENATE Governor: 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. State General Funds $0 $0 $0 219.100-Consumer Protection Appropriation (HB 76) 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 $4,818,706 $4,818,706 $4,818,706 State General Funds $4,818,706 $4,818,706 $4,818,706 TOTAL AGENCY FUNDS $667,689 $667,689 $667,689 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 $5,486,395 $5,486,395 $5,486,395 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 TOTAL PUBLIC FUNDS $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540 220.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $341,051 $341,051 $341,051 FRIDAY, MARCH 20, 2015 1689 220.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $181,090 $181,090 $181,090 220.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $101,450 $101,450 $101,450 220.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $95,708 $95,708 $95,708 220.5 Increase funds for personnel for one vacant attorney position to mitigate future Special Assistant Attorney General expenses. State General Funds $58,006 $58,006 $58,006 220.6 Increase funds for personnel for an additional 1% salary increase for assistant attorneys general. State General Funds $129,484 220.100 -Law, Department of Appropriation (HB 76) 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 TOTAL PUBLIC FUNDS $20,735,831 $20,735,831 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,322,845 $20,735,831 $20,735,831 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,322,845 $20,865,315 $20,865,315 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,452,329 1690 JOURNAL OF THE SENATE Medicaid Fraud Control Unit Continuation Budget The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 221.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,080 $15,080 $15,080 221.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $6,846 $6,846 $6,846 221.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,306 $2,306 $2,306 221.100 -Medicaid Fraud Control Unit Appropriation (HB 76) 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 $1,308,068 $1,308,068 $1,308,068 State General Funds $1,308,068 $1,308,068 $1,308,068 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 $4,908,169 $4,908,169 $4,908,169 FRIDAY, MARCH 20, 2015 1691 There is hereby appropriated to the Department of Law 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 Department of Law for consumer protection for all the purposes for which such moneys may be appropriated pursuant to Article 28. 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 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 TOTAL PUBLIC FUNDS Section Total - Continuation $101,016,923 $101,016,923 $101,016,923 $101,016,923 $46,510,538 $46,510,538 $46,498,931 $46,498,931 $11,607 $11,607 $96,232,484 $96,232,484 $1,074,536 $1,074,536 $1,074,536 $1,074,536 $577,695 $577,695 $577,695 $577,695 $13,907 $13,907 $13,907 $13,907 $54,540 $54,540 $54,540 $54,540 $94,511,806 $94,511,806 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $243,789,945 $243,789,945 $101,016,923 $101,016,923 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945 Section Total - Final TOTAL STATE FUNDS $103,867,181 State General Funds $103,867,181 TOTAL FEDERAL FUNDS $46,510,538 Federal Funds Not Itemized $46,498,931 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $103,319,181 $103,319,181 $46,510,538 $46,498,931 $11,607 $103,319,181 $103,319,181 $46,510,538 $46,498,931 $11,607 1692 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000 $771,800 $771,800 $247,412,003 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000 $771,800 $771,800 $246,864,003 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000 $771,800 $771,800 $246,864,003 Coastal Resources Continuation Budget The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 FRIDAY, MARCH 20, 2015 1693 Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $37,165 $7,000 $7,000 $7,263,457 $37,165 $7,000 $7,000 $7,263,457 $37,165 $7,000 $7,000 $7,263,457 222.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,725 $26,725 $26,725 222.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,749 $9,749 $9,749 222.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $531 $531 $531 222.100 -Coastal Resources Appropriation (HB 76) 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 $2,137,916 $2,137,916 $2,137,916 State General Funds $2,137,916 $2,137,916 $2,137,916 TOTAL FEDERAL FUNDS $5,054,621 $5,054,621 $5,054,621 Federal Funds Not Itemized $5,054,621 $5,054,621 $5,054,621 TOTAL AGENCY FUNDS $107,925 $107,925 $107,925 Contributions, Donations, and Forfeitures $63,760 $63,760 $63,760 Contributions, Donations, and Forfeitures Not Itemized $63,760 $63,760 $63,760 Royalties and Rents $37,165 $37,165 $37,165 Royalties and Rents Not Itemized $37,165 $37,165 $37,165 Sales and Services $7,000 $7,000 $7,000 Sales and Services Not Itemized $7,000 $7,000 $7,000 TOTAL PUBLIC FUNDS $7,300,462 $7,300,462 $7,300,462 1694 JOURNAL OF THE SENATE Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 223.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $90,466 $90,466 $90,466 223.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,728 $48,728 $48,728 223.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,553 $1,553 $1,553 223.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $22,783 $22,783 $22,783 223.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,812,332 $11,812,332 $11,812,332 State General Funds $11,812,332 $11,812,332 $11,812,332 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 TOTAL AGENCY FUNDS $39,065 $39,065 $39,065 FRIDAY, MARCH 20, 2015 1695 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $39,065 $39,065 $11,961,397 $39,065 $39,065 $11,961,397 $39,065 $39,065 $11,961,397 Environmental Protection Continuation Budget The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 224.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $309,842 $309,842 $309,842 224.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $176,205 $176,205 $176,205 1696 JOURNAL OF THE SENATE 224.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $17,943 $17,943 $17,943 224.4 Utilize existing funds of $2,610,000 for water-related studies and Regional Plan updates. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 224.5 Utilize existing funds of $416,726 for five positions and operations for the Safe Dams Unit. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 224.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection program for the U.S.D.A. Flood Control Watershed Structures and Water Resources and Land Use Planning programs to consolidate soil and water conservation activities. State General Funds $232,222 $232,222 $232,222 224.100-Environmental Protection Appropriation (HB 76) 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 $30,286,518 $30,286,518 $30,286,518 State General Funds $30,286,518 $30,286,518 $30,286,518 TOTAL FEDERAL FUNDS $24,910,777 $24,910,777 $24,910,777 Federal Funds Not Itemized $24,910,777 $24,910,777 $24,910,777 TOTAL AGENCY FUNDS $55,793,855 $55,793,855 $55,793,855 Intergovernmental Transfers $551,768 $551,768 $551,768 FRIDAY, MARCH 20, 2015 1697 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $551,768 $55,242,087 $55,242,087 $110,991,150 $551,768 $55,242,087 $55,242,087 $110,991,150 $551,768 $55,242,087 $55,242,087 $110,991,150 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 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 225.100 -Hazardous Waste Trust Fund Appropriation (HB 76) 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 $4,027,423 $4,027,423 $4,027,423 State General Funds $4,027,423 $4,027,423 $4,027,423 TOTAL PUBLIC FUNDS $4,027,423 $4,027,423 $4,027,423 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 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 1698 JOURNAL OF THE SENATE 226.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,947 $13,947 $13,947 226.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,528 $10,528 $10,528 226.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $645 $645 $645 226.100-Historic Preservation Appropriation (HB 76) 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 $1,628,998 $1,628,998 $1,628,998 State General Funds $1,628,998 $1,628,998 $1,628,998 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 $2,649,785 $2,649,785 $2,649,785 Law Enforcement Continuation Budget The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $17,490,026 $17,490,026 $2,248,458 $2,248,458 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $17,490,026 $17,490,026 $2,248,458 $2,248,458 FRIDAY, MARCH 20, 2015 1699 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $3,657 $3,657 $3,657 $19,742,141 $3,657 $3,657 $3,657 $19,742,141 $3,657 $3,657 $3,657 $19,742,141 227.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $270,063 $270,063 $270,063 227.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $85,278 $85,278 $85,278 227.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,836 $6,836 $6,836 227.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds $322,196 $322,196 $322,196 227.100 -Law Enforcement Appropriation (HB 76) The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. TOTAL STATE FUNDS $18,174,399 $18,174,399 $18,174,399 State General Funds $18,174,399 $18,174,399 $18,174,399 TOTAL FEDERAL FUNDS $2,248,458 $2,248,458 $2,248,458 Federal Funds Not Itemized $2,248,458 $2,248,458 $2,248,458 TOTAL AGENCY FUNDS $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 $3,657 TOTAL PUBLIC FUNDS $20,426,514 $20,426,514 $20,426,514 1700 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 228.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $49,244 $49,244 $49,244 228.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $87,528 $87,528 $87,528 228.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,566 $1,566 $1,566 228.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds ($322,196) ($322,196) ($322,196) 228.5 Increase funds to replace payments from the North Georgia Mountains Authority to reflect fulfilled debt service obligations. State General Funds $793,504 $793,504 $793,504 FRIDAY, MARCH 20, 2015 1701 228.6 Increase funds to reflect debt service payments from the North Georgia Mountains Authority for bonds to be sold in 2016. Agency Fund Transfers Not Itemized $771,800 $771,800 $771,800 228.7 Reduce funds for one-time funding for outdoor recreational facilities. State General Funds ($548,000) ($548,000) 228.100 -Parks, Recreation and Historic Sites Appropriation (HB 76) 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $15,319,763 $15,319,763 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $771,800 $771,800 $771,800 $49,415,583 $14,771,763 $14,771,763 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $771,800 $771,800 $771,800 $48,867,583 $14,771,763 $14,771,763 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $771,800 $771,800 $771,800 $48,867,583 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 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 1702 JOURNAL OF THE SENATE 229.100 -Solid Waste Trust Fund Appropriation (HB 76) The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. TOTAL STATE FUNDS $2,720,775 $2,720,775 $2,720,775 State General Funds $2,720,775 $2,720,775 $2,720,775 TOTAL PUBLIC FUNDS $2,720,775 $2,720,775 $2,720,775 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542 FRIDAY, MARCH 20, 2015 1703 230.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $207,360 $207,360 $207,360 230.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $80,074 $80,074 $80,074 230.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,938 $6,938 $6,938 230.4 Increase funds for nongame conservation projects focused on at-risk species assessment and recovery. State General Funds $300,000 $300,000 $300,000 230.100 -Wildlife Resources Appropriation (HB 76) 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS $17,759,057 $17,759,057 $17,759,057 State General Funds $17,759,057 $17,759,057 $17,759,057 TOTAL FEDERAL FUNDS $11,461,866 $11,461,866 $11,461,866 Federal Funds Not Itemized $11,461,866 $11,461,866 $11,461,866 TOTAL AGENCY FUNDS $8,667,991 $8,667,991 $8,667,991 Contributions, Donations, and Forfeitures $99,286 $99,286 $99,286 Contributions, Donations, and Forfeitures Not Itemized $99,286 $99,286 $99,286 Intergovernmental Transfers $25,927 $25,927 $25,927 Intergovernmental Transfers Not Itemized $25,927 $25,927 $25,927 Rebates, Refunds, and Reimbursements $10,250 $10,250 $10,250 Rebates, Refunds, and Reimbursements Not Itemized $10,250 $10,250 $10,250 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $8,515,153 $8,515,153 $8,515,153 1704 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $8,515,153 $30,000 $30,000 $30,000 $37,918,914 $8,515,153 $30,000 $30,000 $30,000 $37,918,914 $8,515,153 $30,000 $30,000 $30,000 $37,918,914 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. 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 $54,171,545 $54,171,545 $54,171,545 $54,171,545 $806,050 $806,050 $806,050 $806,050 $54,977,595 $54,977,595 $54,171,545 $54,171,545 $806,050 $806,050 $54,977,595 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $55,898,069 $55,898,069 $806,050 $806,050 $56,704,119 $55,898,069 $55,898,069 $806,050 $806,050 $56,704,119 $55,898,069 $55,898,069 $806,050 $806,050 $56,704,119 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 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 FRIDAY, MARCH 20, 2015 1705 231.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $53,117 $53,117 $53,117 231.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,651 $24,651 $24,651 231.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,755 $2,755 $2,755 231.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($3,557) ($3,557) ($3,557) 231.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,162,055 State General Funds $5,162,055 TOTAL PUBLIC FUNDS $5,162,055 Appropriation (HB 76) $5,162,055 $5,162,055 $5,162,055 $5,162,055 $5,162,055 $5,162,055 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 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 232.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $190,329 $190,329 $190,329 232.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $87,445 $87,445 $87,445 1706 JOURNAL OF THE SENATE 232.100 -Clemency Decisions Appropriation (HB 76) 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 $12,457,329 $12,457,329 $12,457,329 State General Funds $12,457,329 $12,457,329 $12,457,329 TOTAL PUBLIC FUNDS $12,457,329 $12,457,329 $12,457,329 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 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 233.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $509,299 $509,299 $509,299 233.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $234,417 $234,417 $234,417 233.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $7,394 $7,394 $7,394 233.4 Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative. (S:Increase funds to provide intensive supervision at six targeted pilot sites in support of GA-PRI) State General Funds $467,132 $467,132 $467,132 FRIDAY, MARCH 20, 2015 1707 233.5 Increase funds for personnel for one reentry housing coordinator. (S:Increase funds for personnel for one reentry housing coordinator in support of GA-PRI) State General Funds $68,928 $68,928 $68,928 233.6 Increase funds to recalibrate the existing offender supervision risk assessment tool to reflect changes resulting from Criminal Justice reform. State General Funds $75,000 $75,000 $75,000 233.100-Parole Supervision Appropriation (HB 76) The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. TOTAL STATE FUNDS $37,796,575 $37,796,575 $37,796,575 State General Funds $37,796,575 $37,796,575 $37,796,575 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $38,602,625 $38,602,625 $38,602,625 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 for victims to the state corrections system. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 234.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,884 $6,884 $6,884 234.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,730 $2,730 $2,730 1708 JOURNAL OF THE SENATE 234.100-Victim Services Appropriation (HB 76) 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 STATE FUNDS $482,110 $482,110 $482,110 State General Funds $482,110 $482,110 $482,110 TOTAL PUBLIC FUNDS $482,110 $482,110 $482,110 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 Section Total - Final 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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. FRIDAY, MARCH 20, 2015 1709 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 235.100-Properties Commission, State Appropriation (HB 76) 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $0 236.1 Eliminate funds for payment to the Office of the State Treasurer. (Total Funds: $845,934)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 1710 JOURNAL OF THE SENATE 236.2 Utilize existing funds ($4,000) to purchase two wheelchairs and two mobile scooters for public use in the State Capitol. (S:YES) State General Funds $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 $42,672,664 $42,672,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $43,012,664 $43,012,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $43,012,664 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 $47,559,033 $47,559,033 $340,000 $340,000 $340,000 $47,899,033 $48,786,168 $48,786,168 $340,000 $340,000 $340,000 $49,126,168 $47,802,197 $47,802,197 $340,000 $340,000 $340,000 $48,142,197 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 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 237.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $81,210 $81,210 $81,210 FRIDAY, MARCH 20, 2015 1711 237.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,810 $35,810 $35,810 237.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $29,590 $29,590 $29,590 237.4 Increase funds for contracts for capital conflict cases. State General Funds $375,000 $375,000 $375,000 237.100 -Public Defender Standards Council Appropriation (HB 76) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS $7,086,469 $7,086,469 $7,086,469 State General Funds $7,086,469 $7,086,469 $7,086,469 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 $7,426,469 $7,426,469 $7,426,469 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 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $515,650 $515,650 $515,650 238.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $223,973 $223,973 $223,973 1712 JOURNAL OF THE SENATE 238.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $136 $136 $136 238.4 Increase funds for contracts for conflict cases. State General Funds $3,625,000 $3,625,000 $3,625,000 238.5 Increase funds for personnel to annualize two Assistant Public Defenders to reflect the new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB 744 (2014 Session). State General Funds $72,176 $72,176 238.6 Increase funds for personnel for an additional Assistant Public Defender to reflect the new judgeship in the Western Judicial Circuit starting April, 1 2016. State General Funds $18,044 $18,044 238.7 Increase funds for personnel for a $15,000 salary enhancement to Circuit Public Defenders salaries. (S:Increase funds for personnel for a 2% salary enhancement to Circuit Public Defenders' salaries) State General Funds $1,136,915 $152,944 238.100 -Public Defenders Appropriation (HB 76) 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 $40,472,564 $41,699,699 $40,715,728 State General Funds $40,472,564 $41,699,699 $40,715,728 TOTAL PUBLIC FUNDS $40,472,564 $41,699,699 $40,715,728 Section 37: Public Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Continuation $232,260,878 $232,260,878 $216,758,954 $216,758,954 $13,717,860 $13,717,860 $232,260,878 $216,758,954 $13,717,860 FRIDAY, MARCH 20, 2015 1713 Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929 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 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Section Total - Final $240,078,001 $224,901,574 $13,717,860 $1,458,567 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $240,203,001 $225,026,574 $13,717,860 $1,458,567 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $13,235,542 $518,999 $518,999 $240,440,501 $225,264,074 $13,717,860 $1,458,567 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 1714 JOURNAL OF THE SENATE 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 Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $646,462,052 $8,149,702 $8,149,702 $4,566,841 $4,566,841 $771,517 $581,000 $581,000 $190,517 $190,517 $650,121,627 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $646,824,552 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 239.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,493 $15,493 $15,493 FRIDAY, MARCH 20, 2015 1715 239.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,050 $11,050 $11,050 239.3 Increase funds for the Georgiacancerinfo.org website. State General Funds $75,000 $37,500 239.100-Adolescent and Adult Health Promotion Appropriation (HB 76) 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 $10,568,994 $10,643,994 $10,606,494 State General Funds $3,711,815 $3,786,815 $3,749,315 Tobacco Settlement Funds $6,857,179 $6,857,179 $6,857,179 TOTAL FEDERAL FUNDS $19,467,781 $19,467,781 $19,467,781 Federal Funds Not Itemized $8,397,424 $8,397,424 $8,397,424 Maternal & Child Health Services Block Grant CFDA93.994 $516,828 $516,828 $516,828 Preventive Health & Health Services Block Grant CFDA93.991 $149,000 $149,000 $149,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $10,404,529 $10,404,529 $10,404,529 TOTAL AGENCY FUNDS $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $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 $30,781,775 $30,856,775 $30,819,275 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 $6,613,249 $0 $6,613,249 $300,000 $6,613,249 $0 $6,613,249 $300,000 $6,613,249 $0 $6,613,249 $300,000 1716 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $300,000 $6,913,249 $300,000 $6,913,249 $300,000 $6,913,249 240.100 -Adult Essential Health Treatment Services Appropriation (HB 76) 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 $6,613,249 $6,613,249 $6,613,249 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 $6,913,249 $6,913,249 $6,913,249 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 241.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $388,157 $388,157 $388,157 FRIDAY, MARCH 20, 2015 1717 241.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $173,557 $173,557 $173,557 241.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($92,918) ($92,918) ($92,918) 241.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $54,344 $54,344 $54,344 241.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $22,339,462 $22,339,462 $22,339,462 State General Funds $22,207,667 $22,207,667 $22,207,667 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $8,312,856 $8,312,856 $8,312,856 Federal Funds Not Itemized $7,045,918 $7,045,918 $7,045,918 Preventive Health & Health Services Block Grant CFDA93.991 $1,266,938 $1,266,938 $1,266,938 TOTAL AGENCY FUNDS $3,945,000 $3,945,000 $3,945,000 Rebates, Refunds, and Reimbursements $3,500,000 $3,500,000 $3,500,000 Rebates, Refunds, and Reimbursements Not Itemized $3,500,000 $3,500,000 $3,500,000 Sales and Services $445,000 $445,000 $445,000 Sales and Services Not Itemized $445,000 $445,000 $445,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $190,517 $190,517 $190,517 Federal Funds Indirect $190,517 $190,517 $190,517 FFIND Preventive Health & Health Services Block Grant CFDA93.991 $190,517 $190,517 $190,517 TOTAL PUBLIC FUNDS $34,787,835 $34,787,835 $34,787,835 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. 1718 JOURNAL OF THE SENATE 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 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,379,213 242.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,315 $35,315 $35,315 242.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,646 $17,646 $17,646 242.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session). State General Funds $2,834,053 $0 242.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 76) 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 $2,584,725 $5,418,778 $2,584,725 State General Funds $2,584,725 $5,418,778 $2,584,725 TOTAL FEDERAL FUNDS $23,675,473 $23,675,473 $23,675,473 Federal Funds Not Itemized $23,125,473 $23,125,473 $23,125,473 Maternal & Child Health Services Block Grant CFDA93.994 $350,000 $350,000 $350,000 FRIDAY, MARCH 20, 2015 1719 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 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,432,174 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $29,266,227 $200,000 $976 $976 $976 $171,000 $171,000 $171,000 $26,432,174 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 PUBLIC FUNDS $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 243.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,961 $19,961 $19,961 243.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,671 $9,671 $9,671 243.3 Increase funds for personnel and operations for one epidemiologist and additional Hepatitis C testing. State General Funds $250,000 1720 JOURNAL OF THE SENATE 243.100 -Epidemiology Appropriation (HB 76) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,412,622 $4,412,622 $4,662,622 State General Funds $4,296,985 $4,296,985 $4,546,985 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,749,343 $6,749,343 $6,749,343 Federal Funds Not Itemized $6,552,593 $6,552,593 $6,552,593 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 PUBLIC FUNDS $11,187,121 $11,187,121 $11,437,121 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 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 244.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,659 $4,659 $4,659 244.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,420 $2,420 $2,420 244.100 -Immunization Appropriation (HB 76) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance. FRIDAY, MARCH 20, 2015 1721 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894 $2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894 $2,527,706 $2,527,706 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,238,894 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 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 245.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,692 $22,692 $22,692 245.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,843 $10,843 $10,843 245.3 Increase funds for the Georgia Comprehensive Sickle Cell Center. State General Funds $50,000 $50,000 1722 JOURNAL OF THE SENATE 245.4 Utilize existing funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-9. (S:NO; The Department of Public Health shall conduct a study to determine the feasibility of providing therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6 without increasing the $50 service fee associated with the Georgia Newborn Screening System) State General Funds Sales and Services Not Itemized Total Public Funds: $0 $0 $3,534,575 $0 $3,534,575 $0 245.100-Infant and Child Essential Health Treatment Services Appropriation (HB 76) 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 $20,783,760 $20,833,760 $20,833,760 State General Funds $20,783,760 $20,833,760 $20,833,760 TOTAL FEDERAL FUNDS $22,745,978 $22,745,978 $22,745,978 Federal Funds Not Itemized $14,008,298 $14,008,298 $14,008,298 Maternal & Child Health Services Block Grant CFDA93.994 $8,605,171 $8,605,171 $8,605,171 Preventive Health & Health Services Block Grant CFDA93.991 $132,509 $132,509 $132,509 TOTAL AGENCY FUNDS $84,403 $3,618,978 $84,403 Contributions, Donations, and Forfeitures $84,403 $84,403 $84,403 Contributions, Donations, and Forfeitures Not Itemized $84,403 $84,403 $84,403 Sales and Services $3,534,575 Sales and Services Not Itemized $3,534,575 TOTAL PUBLIC FUNDS $43,614,141 $47,198,716 $43,664,141 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 TOTAL AGENCY FUNDS $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 FRIDAY, MARCH 20, 2015 1723 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $86,587 $86,587 $276,475,896 $86,587 $86,587 $276,475,896 $86,587 $86,587 $276,475,896 246.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $37,764 $37,764 $37,764 246.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,652 $15,652 $15,652 246.3 Increase funds for the Rally Foundation for Childhood Cancer Research. State General Funds $25,000 246.100-Infant and Child Health Promotion Appropriation (HB 76) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,813,479 $12,813,479 $12,838,479 State General Funds $12,813,479 $12,813,479 $12,838,479 TOTAL FEDERAL FUNDS $263,629,246 $263,629,246 $263,629,246 Federal Funds Not Itemized $256,236,639 $256,236,639 $256,236,639 Maternal & Child Health Services Block Grant CFDA93.994 $7,392,607 $7,392,607 $7,392,607 TOTAL AGENCY FUNDS $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures Not Itemized $86,587 $86,587 $86,587 TOTAL PUBLIC FUNDS $276,529,312 $276,529,312 $276,554,312 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 $31,510,791 $31,510,791 $47,927,661 $31,510,791 $31,510,791 $47,927,661 $31,510,791 $31,510,791 $47,927,661 1724 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 247.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $129,299 $129,299 $129,299 247.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $56,301 $56,301 $56,301 247.100 -Infectious Disease Control Appropriation (HB 76) 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 $31,696,391 $31,696,391 $31,696,391 State General Funds $31,696,391 $31,696,391 $31,696,391 TOTAL FEDERAL FUNDS $47,927,661 $47,927,661 $47,927,661 Federal Funds Not Itemized $47,927,661 $47,927,661 $47,927,661 TOTAL AGENCY FUNDS $13,009 $13,009 $13,009 Contributions, Donations, and Forfeitures $13,009 $13,009 $13,009 Contributions, Donations, and Forfeitures Not Itemized $13,009 $13,009 $13,009 TOTAL PUBLIC FUNDS $79,637,061 $79,637,061 $79,637,061 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, and swimming pools. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 FRIDAY, MARCH 20, 2015 1725 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $561,134 $561,134 $561,134 $4,787,135 $561,134 $561,134 $561,134 $4,787,135 $561,134 $561,134 $561,134 $4,787,135 248.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $43,098 $43,098 $43,098 248.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,315 $18,315 $18,315 248.100-Inspections and Environmental Hazard Control Appropriation (HB 76) 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 STATE FUNDS $3,776,351 $3,776,351 $3,776,351 State General Funds $3,776,351 $3,776,351 $3,776,351 TOTAL FEDERAL FUNDS $511,063 $511,063 $511,063 Federal Funds Not Itemized $352,681 $352,681 $352,681 Preventive Health & Health Services Block Grant CFDA93.991 $158,382 $158,382 $158,382 TOTAL AGENCY FUNDS $561,134 $561,134 $561,134 Sales and Services $561,134 $561,134 $561,134 Sales and Services Not Itemized $561,134 $561,134 $561,134 TOTAL PUBLIC FUNDS $4,848,548 $4,848,548 $4,848,548 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 PUBLIC FUNDS $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 249.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,493,512 $3,493,512 $3,493,512 1726 JOURNAL OF THE SENATE 249.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,086,175 $2,086,175 $2,086,175 249.3 Increase funds for the fifth year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $1,388,991 $1,388,991 $1,388,991 249.4 Increase funds for personnel. State General Funds $132,315 $132,315 $132,315 249.100 -Public Health Formula Grants to Counties Appropriation (HB 76) 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 PUBLIC FUNDS $100,343,948 $100,343,948 $100,343,948 $100,343,948 $100,343,948 $100,343,948 $100,343,948 $100,343,948 $100,343,948 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 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 250.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $38,928 $38,928 $38,928 250.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,354 $17,354 $17,354 FRIDAY, MARCH 20, 2015 1727 250.100 -Vital Records Appropriation (HB 76) 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 $3,786,253 $3,786,253 $530,680 $530,680 $4,316,933 $3,786,253 $3,786,253 $530,680 $530,680 $4,316,933 $3,786,253 $3,786,253 $530,680 $530,680 $4,316,933 Brain and Spinal Injury Trust Fund Continuation Budget The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. TOTAL STATE FUNDS State General Funds Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 251.1 Reduce funds to reflect FY2014 collections. Brain & Spinal Injury Trust Fund ($325,497) ($325,497) ($325,497) 251.2 Utilize prior year funds ($325,497) to maintain budget at current level. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 251.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 76) The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. TOTAL STATE FUNDS Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,458,567 $1,458,567 $1,458,567 $1,458,567 $1,458,567 $1,458,567 $1,458,567 $1,458,567 $1,458,567 1728 JOURNAL OF THE SENATE Georgia Trauma Care Network Commission Continuation Budget The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 252.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,298 $8,298 $8,298 252.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,728 $3,728 $3,728 252.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session). State General Funds ($2,834,053) $0 252.100-Georgia Trauma Care Network Commission Appropriation (HB 76) The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS $16,372,494 $13,538,441 $16,372,494 State General Funds $16,372,494 $13,538,441 $16,372,494 TOTAL PUBLIC FUNDS $16,372,494 $13,538,441 $16,372,494 Section 38: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $130,656,876 $130,656,876 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $130,656,876 $130,656,876 $24,245,725 FRIDAY, MARCH 20, 2015 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized 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 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 1729 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921 Section Total - Final $142,702,911 $142,702,911 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $800,000 $800,000 $331,585 $331,585 $331,585 $206,054,066 $142,852,911 $142,852,911 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $800,000 $800,000 $331,585 $331,585 $331,585 $206,204,066 $141,666,370 $141,666,370 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $800,000 $800,000 $331,585 $331,585 $331,585 $205,017,525 1730 JOURNAL OF THE SENATE 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 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 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 253.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $41,800 $41,800 $41,800 253.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,624 $15,624 $15,624 253.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($2,178) ($2,178) ($2,178) 253.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $358 $358 $358 253.5 Increase funds to provide matching funds for the Perry Airport hangar building. State General Funds $150,000 $0 FRIDAY, MARCH 20, 2015 1731 253.100 -Aviation Appropriation (HB 76) 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 transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $3,954,403 $4,104,403 $3,954,403 State General Funds $3,954,403 $4,104,403 $3,954,403 TOTAL FEDERAL FUNDS $243,034 $243,034 $243,034 Federal Funds Not Itemized $243,034 $243,034 $243,034 TOTAL AGENCY FUNDS $7,100,000 $7,100,000 $7,100,000 Intergovernmental Transfers $7,000,000 $7,000,000 $7,000,000 Intergovernmental Transfers Not Itemized $7,000,000 $7,000,000 $7,000,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,297,437 $11,447,437 $11,297,437 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 $7,372,499 254.100 -Capitol Police Services Appropriation (HB 76) 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. 1732 JOURNAL OF THE SENATE 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 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,629,022 255.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $110,194 $110,194 $110,194 255.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $49,090 $49,090 $49,090 255.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,977) ($8,977) ($8,977) 255.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $30,223 $30,223 $30,223 FRIDAY, MARCH 20, 2015 1733 255.100-Departmental Administration Appropriation (HB 76) 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 $8,664,471 $8,664,471 $8,664,471 State General Funds $8,664,471 $8,664,471 $8,664,471 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 $8,809,552 $8,809,552 $8,809,552 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 256.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,484,787 $1,484,787 $1,484,787 1734 JOURNAL OF THE SENATE 256.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $561,635 $561,635 $561,635 256.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($137,802) ($137,802) ($137,802) 256.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $884 $884 $884 256.5 Increase funds for personnel and operations to meet projected expenditures. (S:Increase funds for personnel and operations to meet projected expenditures and defer funding consideration for retirement payout amounts until the Amended 2016 budget) State General Funds $2,357,184 $2,357,184 $1,320,643 256.6 Replace funds from the State Road and Tollway Authority contract to continue providing highway enforcement along metroAtlanta corridors. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $6,100,000 ($5,760,839) $339,161 $6,100,000 ($5,760,839) $339,161 $6,100,000 ($5,760,839) $339,161 256.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to the Field Offices and Services program to consolidate program operations. State General Funds $1,568,965 $1,568,965 $1,568,965 256.100-Field Offices and Services Appropriation (HB 76) 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 $101,816,760 $101,816,760 $100,780,219 State General Funds $101,816,760 $101,816,760 $100,780,219 TOTAL FEDERAL FUNDS $2,611,501 $2,611,501 $2,611,501 FRIDAY, MARCH 20, 2015 1735 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $2,611,501 $8,496,906 $7,646,906 $7,646,906 $50,000 $50,000 $800,000 $800,000 $112,925,167 $2,611,501 $8,496,906 $7,646,906 $7,646,906 $50,000 $50,000 $800,000 $800,000 $112,925,167 $2,611,501 $8,496,906 $7,646,906 $7,646,906 $50,000 $50,000 $800,000 $800,000 $111,888,626 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 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 257.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $110,883 $110,883 $110,883 257.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $60,816 $60,816 $60,816 1736 JOURNAL OF THE SENATE 257.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($18,825) ($18,825) ($18,825) 257.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,806 $3,806 $3,806 257.100-Motor Carrier Compliance Appropriation (HB 76) The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. TOTAL STATE FUNDS $10,070,258 $10,070,258 $10,070,258 State General Funds $10,070,258 $10,070,258 $10,070,258 TOTAL FEDERAL FUNDS $2,591,061 $2,591,061 $2,591,061 Federal Funds Not Itemized $2,591,061 $2,591,061 $2,591,061 TOTAL AGENCY FUNDS $8,843,759 $8,843,759 $8,843,759 Intergovernmental Transfers $455,956 $455,956 $455,956 Intergovernmental Transfers Not Itemized $455,956 $455,956 $455,956 Sales and Services $8,387,803 $8,387,803 $8,387,803 Sales and Services Not Itemized $8,387,803 $8,387,803 $8,387,803 TOTAL PUBLIC FUNDS $21,505,078 $21,505,078 $21,505,078 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 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 FRIDAY, MARCH 20, 2015 1737 258.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to the Field Offices and Services program to consolidate program operations. State General Funds ($1,568,965) ($1,568,965) ($1,568,965) 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 firefighters. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 259.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,716 $11,716 $11,716 259.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,537 $4,537 $4,537 259.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($46) ($46) ($46) 259.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 76) 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 STATE FUNDS $695,864 $695,864 $695,864 State General Funds $695,864 $695,864 $695,864 TOTAL PUBLIC FUNDS $695,864 $695,864 $695,864 1738 JOURNAL OF THE SENATE Highway Safety, Office of Continuation Budget The purpose of this appropriation is to educate the public on highway safety issues, and facilitate the implementation of programs to reduce crashes, injuries, and fatalities on Georgia roadways. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 260.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,690 $7,690 $7,690 260.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,871 $2,871 $2,871 260.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $606 $606 $606 260.100 -Highway Safety, Office of Appropriation (HB 76) 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 $3,494,886 $3,494,886 $3,494,886 State General Funds $3,494,886 $3,494,886 $3,494,886 TOTAL FEDERAL FUNDS $17,358,120 $17,358,120 $17,358,120 FRIDAY, MARCH 20, 2015 1739 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 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288 Peace Officer Standards and Training Council, Georgia Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $2,418,273 261.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $21,408 $21,408 $21,408 261.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,784 $11,784 $11,784 261.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,472 $2,472 $2,472 1740 JOURNAL OF THE SENATE 261.4 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: $755,816 ($558,051) $197,765 261.5 Increase funds for personnel and operations for two certification specialists. State General Funds $87,058 261.6 Increase funds for personnel and operations for one investigator. State General Funds $83,330 261.7 Increase funds for personnel and operations for one hearing officer. State General Funds $82,229 $755,816 ($558,051) $197,765 $87,058 $83,330 $82,229 $755,816 ($558,051) $197,765 $87,058 $83,330 $82,229 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 76) 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 STATE FUNDS $2,904,319 $2,904,319 $2,904,319 State General Funds $2,904,319 $2,904,319 $2,904,319 TOTAL PUBLIC FUNDS $2,904,319 $2,904,319 $2,904,319 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 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 FRIDAY, MARCH 20, 2015 1741 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 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 262.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $135,456 $135,456 $135,456 262.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $64,824 $64,824 $64,824 262.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $14,782 $14,782 $14,782 262.100-Public Safety Training Center, Georgia Appropriation (HB 76) 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 $11,101,950 $11,101,950 $11,101,950 State General Funds $11,101,950 $11,101,950 $11,101,950 TOTAL FEDERAL FUNDS $1,300,438 $1,300,438 $1,300,438 Federal Funds Not Itemized $1,300,438 $1,300,438 $1,300,438 TOTAL AGENCY FUNDS $6,620,069 $6,620,069 $6,620,069 Intergovernmental Transfers $5,655,388 $5,655,388 $5,655,388 Intergovernmental Transfers Not Itemized $5,655,388 $5,655,388 $5,655,388 Sales and Services $964,681 $964,681 $964,681 Sales and Services Not Itemized $964,681 $964,681 $964,681 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $132,405 $132,405 $132,405 1742 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $132,405 $132,405 $19,154,862 $132,405 $132,405 $19,154,862 $132,405 $132,405 $19,154,862 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $8,056,996 $8,056,996 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $9,400,096 $9,400,096 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,277,398 $8,277,398 $1,343,100 $1,343,100 $9,620,498 $8,587,398 $8,587,398 $1,343,100 $1,343,100 $9,930,498 $8,382,398 $8,382,398 $1,343,100 $1,343,100 $9,725,498 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 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 263.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,136 $19,136 $19,136 263.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,669 $12,669 $12,669 FRIDAY, MARCH 20, 2015 1743 263.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $544 $544 $544 263.4 Increase funds for one-time information technology purchases. State General Funds $100,000 $0 263.100-Commission Administration Appropriation (HB 76) 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 $1,199,406 $1,199,406 $83,500 $83,500 $1,282,906 $1,299,406 $1,299,406 $83,500 $83,500 $1,382,906 $1,199,406 $1,199,406 $83,500 $83,500 $1,282,906 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 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 264.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,625 $29,625 $29,625 264.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,128 $9,128 $9,128 1744 JOURNAL OF THE SENATE 264.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,087 $1,087 $1,087 264.100-Facility Protection Appropriation (HB 76) 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 $1,048,728 $1,048,728 $1,048,728 State General Funds $1,048,728 $1,048,728 $1,048,728 TOTAL FEDERAL FUNDS $1,231,100 $1,231,100 $1,231,100 Federal Funds Not Itemized $1,231,100 $1,231,100 $1,231,100 TOTAL PUBLIC FUNDS $2,279,828 $2,279,828 $2,279,828 Utilities Regulation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 265.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $82,856 $82,856 $82,856 265.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $62,806 $62,806 $62,806 FRIDAY, MARCH 20, 2015 1745 265.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,551 $2,551 $2,551 265.4 Increase funds to annualize a utilities cost analyst position for the Plant Vogtle project. State General Funds $105,000 $105,000 265.5 Increase funds for personnel for an Energy, Efficiency and Renewable Energy (EERE) section analyst position. State General Funds $105,000 $0 265.100 -Utilities Regulation Appropriation (HB 76) 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 $6,029,264 $6,239,264 $6,134,264 State General Funds $6,029,264 $6,239,264 $6,134,264 TOTAL FEDERAL FUNDS $28,500 $28,500 $28,500 Federal Funds Not Itemized $28,500 $28,500 $28,500 TOTAL PUBLIC FUNDS $6,057,764 $6,267,764 $6,162,764 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 University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Section Total - Continuation $1,939,087,764 $1,939,087,764 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,767,772,976 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $2,151,268,018 $2,151,268,018 $2,012,046,274 $2,012,046,274 $139,221,744 $139,221,744 $239,280,835 $239,280,835 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 1746 JOURNAL OF THE SENATE 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 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 $2,018,020,479 $2,017,773,321 $247,158 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,785,793,455 $2,020,597,567 $2,020,350,409 $247,158 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,788,370,543 $2,019,156,175 $2,018,909,017 $247,158 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,786,929,151 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 University System of Georgia Research Funds $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 FRIDAY, MARCH 20, 2015 1747 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 266.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $241,710 $241,710 $241,710 266.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $236,381 $236,381 $236,381 266.3 Increase funds for the employer share of health insurance ($431,760) and retiree health benefits ($205,740). State General Funds $637,500 $637,500 $637,500 266.4 Increase funds for personnel for research and scientist positions, to include: Agronomist ($180,000), Ornamental Horticulturalist ($180,000), and Cotton Physiologist ($160,000). State General Funds $520,000 $520,000 266.100-Agricultural Experiment Station Appropriation (HB 76) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. TOTAL STATE FUNDS $37,974,527 $38,494,527 $38,494,527 State General Funds $37,974,527 $38,494,527 $38,494,527 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 $9,552,919 $9,552,919 $9,552,919 Rebates, Refunds, and Reimbursements Not Itemized $9,552,919 $9,552,919 $9,552,919 Sales and Services $6,000,000 $6,000,000 $6,000,000 Sales and Services Not Itemized $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $75,527,446 $76,047,446 $76,047,446 1748 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 267.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 76) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 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 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 FRIDAY, MARCH 20, 2015 1749 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 268.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $292,653 $292,653 $292,653 268.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $237,813 $237,813 $237,813 268.3 Increase funds for the employer share of health insurance ($701,260) and retiree health benefits ($230,604). State General Funds $931,864 $931,864 $931,864 268.4 Increase funds for personnel for six extension agents in Bryan County, Bulloch County, Carroll County, Crawford County, Colquitt County, and Decatur County. (H and S:Increase funds for personnel for six extension agents) State General Funds $360,000 $360,000 $360,000 268.100 -Cooperative Extension Service Appropriation (HB 76) 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 $32,287,418 $32,287,418 $32,287,418 State General Funds $32,287,418 $32,287,418 $32,287,418 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $3,750,000 $3,750,000 $3,750,000 University System of Georgia Research Funds $3,750,000 $3,750,000 $3,750,000 Rebates, Refunds, and Reimbursements $7,606,177 $7,606,177 $7,606,177 Rebates, Refunds, and Reimbursements Not Itemized $7,606,177 $7,606,177 $7,606,177 Sales and Services $13,727,752 $13,727,752 $13,727,752 Sales and Services Not Itemized $13,727,752 $13,727,752 $13,727,752 TOTAL PUBLIC FUNDS $57,371,347 $57,371,347 $57,371,347 1750 JOURNAL OF THE SENATE 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 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 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 269.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $17,337 $17,337 $17,337 269.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $56,479 $56,479 $56,479 269.3 Increase funds for the employer share of health insurance ($33,565) and retiree health benefits ($8,851). State General Funds $42,416 $42,416 $42,416 269.4 Increase funds for three faculty positions and additional space for the Advanced Technology Development Center's (ATDC) Advanced Computing program ($393,603) and transfer funds from the Teaching program for ATDC operations ($22,309). (H:Increase funds for the Advanced Technology Development Center)(S:Utilize agency revenue generated for the startup costs for the Advanced Computing program) State General Funds $415,912 $729,600 $415,912 FRIDAY, MARCH 20, 2015 1751 269.100 -Enterprise Innovation Institute Appropriation (HB 76) 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 $7,806,847 $8,120,535 $7,806,847 State General Funds $7,806,847 $8,120,535 $7,806,847 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 Sales and Services $1,500,000 $1,500,000 $1,500,000 Sales and Services Not Itemized $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $18,281,847 $18,595,535 $18,281,847 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 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 270.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,381 $1,381 $1,381 270.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,445 $3,445 $3,445 1752 JOURNAL OF THE SENATE 270.3 Increase funds for the employer share of health insurance. State General Funds $2,664 $2,664 $2,664 270.4 Increase funds for personnel for research positions to include: Forest Health ($100,000), Wildlife ($80,000), and Economics and Taxation ($120,000). State General Funds $300,000 $300,000 270.100-Forestry Cooperative Extension Appropriation (HB 76) 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 $510,431 $810,431 $810,431 State General Funds $510,431 $810,431 $810,431 TOTAL AGENCY FUNDS $575,988 $575,988 $575,988 Intergovernmental Transfers $475,988 $475,988 $475,988 University System of Georgia Research Funds $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 $1,086,419 $1,386,419 $1,386,419 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 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 FRIDAY, MARCH 20, 2015 1753 271.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $10,444 $10,444 $10,444 271.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,170 $18,170 $18,170 271.3 Reduce funds for the employer share of health insurance (-$47,743) and retiree health benefits ($27,768). State General Funds ($19,975) ($19,975) ($19,975) 271.100-Forestry Research Appropriation (HB 76) 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 $2,660,386 $2,660,386 $2,660,386 State General Funds $2,660,386 $2,660,386 $2,660,386 TOTAL AGENCY FUNDS $10,250,426 $10,250,426 $10,250,426 Intergovernmental Transfers $9,000,000 $9,000,000 $9,000,000 University System of Georgia Research Funds $9,000,000 $9,000,000 $9,000,000 Rebates, Refunds, and Reimbursements $590,634 $590,634 $590,634 Rebates, Refunds, and Reimbursements Not Itemized $590,634 $590,634 $590,634 Sales and Services $659,792 $659,792 $659,792 Sales and Services Not Itemized $659,792 $659,792 $659,792 TOTAL PUBLIC FUNDS $12,910,812 $12,910,812 $12,910,812 Georgia Archives Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures $4,627,469 $4,627,469 $689,281 $21,900 $4,627,469 $4,627,469 $689,281 $21,900 $4,627,469 $4,627,469 $689,281 $21,900 1754 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 $21,900 $667,381 $592,381 $75,000 $5,316,750 $21,900 $667,381 $592,381 $75,000 $5,316,750 $21,900 $667,381 $592,381 $75,000 $5,316,750 272.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $5,491 $5,491 $5,491 272.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,492 $10,492 $10,492 272.3 Increase funds for the employer share of health insurance (-$447) and retiree health benefits ($3,247). State General Funds $2,800 $2,800 $2,800 272.100-Georgia Archives Appropriation (HB 76) 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 $4,646,252 $4,646,252 $4,646,252 State General Funds $4,646,252 $4,646,252 $4,646,252 TOTAL AGENCY FUNDS $689,281 $689,281 $689,281 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 $667,381 $667,381 $667,381 Record Center Storage Fees $592,381 $592,381 $592,381 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,335,533 $5,335,533 $5,335,533 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. FRIDAY, MARCH 20, 2015 1755 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 273.100-Georgia Radiation Therapy Center Appropriation (HB 76) 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 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 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 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 1756 JOURNAL OF THE SENATE 274.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,763 $4,763 $4,763 274.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $27,495 $27,495 $27,495 274.3 Increase funds for the employer share of health insurance ($29,300) and retiree health benefits ($2,935). State General Funds $32,235 $32,235 $32,235 274.100-Georgia Tech Research Institute Appropriation (HB 76) 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 $5,694,440 $5,694,440 $5,694,440 State General Funds $5,694,440 $5,694,440 $5,694,440 TOTAL AGENCY FUNDS $314,011,962 $314,011,962 $314,011,962 Intergovernmental Transfers $208,042,709 $208,042,709 $208,042,709 University System of Georgia Research Funds $208,042,709 $208,042,709 $208,042,709 Rebates, Refunds, and Reimbursements $92,254,140 $92,254,140 $92,254,140 Rebates, Refunds, and Reimbursements Not Itemized $92,254,140 $92,254,140 $92,254,140 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 $319,706,402 $319,706,402 $319,706,402 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 $728,632 $728,632 $486,281 $367,648 $728,632 $728,632 $486,281 $367,648 $728,632 $728,632 $486,281 $367,648 FRIDAY, MARCH 20, 2015 1757 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $367,648 $118,633 $118,633 $1,214,913 $367,648 $118,633 $118,633 $1,214,913 $367,648 $118,633 $118,633 $1,214,913 275.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,345 $4,345 $4,345 275.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,676 $4,676 $4,676 275.3 Increase funds for the employer share of health insurance. State General Funds $19,776 $19,776 $19,776 275.4 Increase funds for maintenance of facilities. State General Funds $169,569 275.100 -Marine Institute Appropriation (HB 76) 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 $757,429 $757,429 $926,998 State General Funds $757,429 $757,429 $926,998 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 University System of Georgia Research Funds $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 $1,243,710 $1,243,710 $1,413,279 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. 1758 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 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 276.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $10,204 $10,204 $10,204 276.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,970 $9,970 $9,970 276.3 Increase funds for the employer share of health insurance. State General Funds $9,024 $9,024 $9,024 276.100 -Marine Resources Extension Center Appropriation (HB 76) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,243,709 $1,243,709 $1,243,709 State General Funds $1,243,709 $1,243,709 $1,243,709 TOTAL AGENCY FUNDS $1,345,529 $1,345,529 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $600,000 University System of Georgia Research Funds $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $655,529 $655,529 $655,529 Sales and Services Not Itemized $655,529 $655,529 $655,529 TOTAL PUBLIC FUNDS $2,589,238 $2,589,238 $2,589,238 FRIDAY, MARCH 20, 2015 1759 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 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 277.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $271,656 $271,656 $271,656 277.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 76) 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 $28,840,775 $28,840,775 $28,840,775 State General Funds $28,840,775 $28,840,775 $28,840,775 TOTAL PUBLIC FUNDS $28,840,775 $28,840,775 $28,840,775 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 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 278.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $201,955 $201,955 $201,955 1760 JOURNAL OF THE SENATE 278.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $194,660 $194,660 $194,660 278.3 Increase funds for the employer share of health insurance. State General Funds $4,667 $4,667 $4,667 278.4 Increase funds for the New Directions formula based on an increase in state population. State General Funds $158,154 $158,154 $158,154 278.5 Provide performance measures in future fiscal years relating to library loans of digital media versus traditional book circulation. (S:YES) State General Funds $0 278.100 -Public Libraries Appropriation (HB 76) The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. TOTAL STATE FUNDS $32,869,520 $32,869,520 $32,869,520 State General Funds $32,869,520 $32,869,520 $32,869,520 TOTAL AGENCY FUNDS $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers $5,222,400 $5,222,400 $5,222,400 University System of Georgia Research Funds $5,222,400 $5,222,400 $5,222,400 TOTAL PUBLIC FUNDS $38,091,920 $38,091,920 $38,091,920 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 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 FRIDAY, MARCH 20, 2015 1761 279.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $155,643 $155,643 $155,643 279.2 Increase funds to continue the establishment and development of the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System. State General Funds $2,565,600 $2,565,600 $2,565,600 279.3 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance contract. State General Funds Tobacco Settlement Funds Total Public Funds: $5,097,451 $247,158 $5,344,609 $5,097,451 $247,158 $5,344,609 $5,097,451 $247,158 $5,344,609 279.4 Increase funds for the Georgia Youth Science and Technology Center. State General Funds $300,000 $300,000 279.5 Reduce funds for film curriculum development. State General Funds ($400,000) ($200,000) 279.6 Reduce funds for graduate medical education and transfer savings to the Georgia Board for Physician Workforce, attached to the Department of Community Health. State General Funds ($1,000,000) ($1,000,000) 279.7 Utilize existing funds ($3,000,000) to implement the Desire to Learn (D2L) Data Analytics at USG institutions. (S:YES) State General Funds $0 279.100 -Public Service / Special Funding Initiatives Appropriation (HB 76) The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. TOTAL STATE FUNDS $33,591,972 $32,491,972 $32,691,972 State General Funds $33,344,814 $32,244,814 $32,444,814 Tobacco Settlement Funds $247,158 $247,158 $247,158 TOTAL PUBLIC FUNDS $33,591,972 $32,491,972 $32,691,972 1762 JOURNAL OF THE SENATE 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 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 280.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,746 $35,746 $35,746 280.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $26,941 $26,941 $26,941 280.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $41,754 $41,754 $41,754 280.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,692,597 $19,798 $19,798 280.5 Increase funds for the employer share of health insurance ($65,775) and retiree health benefits ($32,472). State General Funds $98,247 $98,247 $98,247 280.6 Increase funds for personnel for an evaluation and assessment specialist position to ensure that teacher and leader preparation programs within the University System of Georgia are training classroom ready teachers. State General Funds $96,000 $96,000 $96,000 280.7 Increase funds to the Southern Regional Education Board to reflect FY2016 dues and contract amounts. State General Funds $27,200 $27,200 $27,200 FRIDAY, MARCH 20, 2015 1763 280.100 -Regents Central Office Appropriation (HB 76) 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 $13,567,753 $11,894,954 $11,894,954 State General Funds $13,567,753 $11,894,954 $11,894,954 TOTAL PUBLIC FUNDS $13,567,753 $11,894,954 $11,894,954 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 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $550,000 $550,000 $5,040,787 281.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,401 $8,401 $8,401 281.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,098 $8,098 $8,098 281.3 Increase funds for the employer share of health insurance. State General Funds $16,512 $16,512 $16,512 1764 JOURNAL OF THE SENATE 281.100 -Skidaway Institute of Oceanography Appropriation (HB 76) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,273,178 $1,273,178 $1,273,178 State General Funds $1,273,178 $1,273,178 $1,273,178 TOTAL AGENCY FUNDS $3,800,620 $3,800,620 $3,800,620 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 $500,000 $500,000 $500,000 Rebates, Refunds, and Reimbursements Not Itemized $500,000 $500,000 $500,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,073,798 $5,073,798 $5,073,798 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 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 282.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $146,493 $146,493 $146,493 FRIDAY, MARCH 20, 2015 1765 282.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $15,109,363 $15,109,363 $15,109,363 282.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,000,000 $10,000,000 $10,000,000 282.4 Increase funds for the employer share of health insurance ($16,762,926) and retiree health benefits ($5,307,276). State General Funds $22,070,202 $22,070,202 $22,070,202 282.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions. State General Funds $14,520,637 $14,520,637 $14,520,637 282.6 Increase funds to include the Marine Institute program's resident instruction square footage in the Teaching formula. (S:Reflect new funds in Marine Institute program) State General Funds $169,569 $169,569 $0 282.7 Transfer funds from the Teaching program to the Enterprise Innovation Institute program for the operations of the Advanced Technology Development Center. State General Funds ($22,309) ($22,309) ($22,309) 282.8 Increase funds to adjust the debt service payback amount for projects constructed at the Georgia Institute of Technology ($522,717), Georgia State University ($400,378), Gordon College ($189,067), and Southern Polytechnic State University ($198,598). State General Funds $1,310,760 $1,310,760 $1,310,760 282.9 Reduce funds for Georgia Gwinnett College (GCC) to reflect year two of the seven year plan to eliminate the GCC Special Funding Initiative. State General Funds ($1,375,000) ($1,375,000) ($1,375,000) 282.10 Add funds for advanced manufacturing at Georgia Southern University. State General Funds $1,000,000 $1,000,000 $1,000,000 282.11 Add funds for the Military and Academic Training Center in Warner Robins. (S:Add funds for the Military and Academic 1766 JOURNAL OF THE SENATE Training Center in Warner Robins and reflect an opening in Spring, 2016) State General Funds $485,000 $1,000,000 $281,000 282.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,672,799 $1,672,799 282.13 Utilize existing funds from the North Georgia regional master plan ($75,000) and increase funds ($693,000) for the new University of North Georgia instructional campus site. (S:Phase in staffing based on enrollment) State General Funds $693,000 $534,000 282.14 Increase funds for statewide economic extension activities. (S:YES; Utilize existing funds) State General Funds $50,000 $0 282.15 Increase funds for the Georgia Capitol Agricultural History Museum. State General Funds $39,000 282.100 -Teaching Appropriation (HB 76) 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 $1,793,322,645 $1,796,253,444 $1,795,194,875 State General Funds $1,793,322,645 $1,796,253,444 $1,795,194,875 TOTAL AGENCY FUNDS $4,333,156,042 $4,333,156,042 $4,333,156,042 Intergovernmental Transfers $1,890,808,653 $1,890,808,653 $1,890,808,653 University System of Georgia Research Funds $1,751,586,909 $1,751,586,909 $1,751,586,909 Intergovernmental Transfers Not Itemized $139,221,744 $139,221,744 $139,221,744 Rebates, Refunds, and Reimbursements $127,468,332 $127,468,332 $127,468,332 Rebates, Refunds, and Reimbursements Not Itemized $127,468,332 $127,468,332 $127,468,332 Sales and Services $2,314,879,057 $2,314,879,057 $2,314,879,057 Sales and Services Not Itemized $499,339,510 $499,339,510 $499,339,510 Tuition and Fees for Higher Education $1,815,539,547 $1,815,539,547 $1,815,539,547 TOTAL PUBLIC FUNDS $6,126,478,687 $6,129,409,486 $6,128,350,917 FRIDAY, MARCH 20, 2015 1767 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 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 283.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $13,670 $13,670 $13,670 283.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $21,887 $21,887 $21,887 283.3 Reduce funds for the employer share of health insurance (-$12,528) and retiree health benefits ($8,724). State General Funds ($3,804) ($3,804) ($3,804) 283.100 -Veterinary Medicine Experiment Station Appropriation (HB 76) 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 $2,649,796 $2,649,796 $2,649,796 State General Funds $2,649,796 $2,649,796 $2,649,796 TOTAL PUBLIC FUNDS $2,649,796 $2,649,796 $2,649,796 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. 1768 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 284.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $3,161 $3,161 $3,161 284.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,889 $1,889 $1,889 284.3 Increase funds for the employer share of health insurance. State General Funds $18,996 $18,996 $18,996 284.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 76) 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 $417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163 $417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163 $417,163 $417,163 $14,500,000 $14,500,000 $14,500,000 $14,917,163 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. FRIDAY, MARCH 20, 2015 1769 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 285.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,221 $2,221 $2,221 285.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $25,614 $25,614 $25,614 285.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,207 $24,207 $24,207 285.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $101,350 $101,350 $101,350 285.5 Increase funds for the employer share of health insurance. State General Funds $225,189 $225,189 $225,189 285.6 Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School. State General Funds $349,429 $849,429 $696,125 285.7 Increase funds for one-time funding for the design of Historic Jenkins Hall renovation. State General Funds $500,000 $500,000 285.100-Payments to Georgia Military College Appropriation (HB 76) 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 $3,057,790 $4,057,790 $3,904,486 State General Funds $3,057,790 $4,057,790 $3,904,486 TOTAL PUBLIC FUNDS $3,057,790 $4,057,790 $3,904,486 1770 JOURNAL OF THE SENATE Payments to Georgia Public Telecommunications Commission 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 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 286.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $99,533 $99,533 $99,533 286.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,832 $1,832 $1,832 286.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $45,375 $45,375 $45,375 286.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,337) ($5,337) ($5,337) 286.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,883 $16,883 $16,883 286.6 Increase funds for mobile production expenses. (S:YES; Collect participation fee from Georgia High School Athletic Association) State General Funds $285,400 $0 286.100-Payments to Georgia Public Telecommunications Commission Appropriation (HB 76) The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences, and enrich the quality of their lives. TOTAL STATE FUNDS $14,848,448 $15,133,848 $14,848,448 FRIDAY, MARCH 20, 2015 1771 State General Funds TOTAL PUBLIC FUNDS $14,848,448 $14,848,448 $15,133,848 $15,133,848 $14,848,448 $14,848,448 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 PUBLIC FUNDS Section Total - Continuation $177,733,395 $177,733,395 $177,299,612 $177,299,612 $433,783 $433,783 $819,087 $819,087 $567,580 $567,580 $251,507 $251,507 $178,552,482 $178,552,482 $177,733,395 $177,299,612 $433,783 $819,087 $567,580 $251,507 $178,552,482 Section Total - Final TOTAL STATE FUNDS $179,394,511 State General Funds $178,960,728 Tobacco Settlement Funds $433,783 TOTAL FEDERAL FUNDS $819,087 Federal Funds Not Itemized $567,580 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 TOTAL PUBLIC FUNDS $180,213,598 $180,847,265 $180,413,482 $433,783 $819,087 $567,580 $251,507 $181,666,352 $179,394,511 $178,960,728 $433,783 $819,087 $567,580 $251,507 $180,213,598 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 1772 JOURNAL OF THE SENATE 287.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $97,554 $97,554 $97,554 287.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $51,048 $51,048 $51,048 287.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($11,736) ($11,736) ($11,736) 287.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,721 $16,721 $16,721 287.5 Increase funds for telecommunications. State General Funds $191,278 $191,278 $191,278 287.100-Customer Service Appropriation (HB 76) The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. TOTAL STATE FUNDS $13,743,063 $13,743,063 $13,743,063 State General Funds $13,743,063 $13,743,063 $13,743,063 TOTAL FEDERAL FUNDS $225,580 $225,580 $225,580 Federal Funds Not Itemized $225,580 $225,580 $225,580 TOTAL PUBLIC FUNDS $13,968,643 $13,968,643 $13,968,643 Departmental Administration Continuation Budget The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 FRIDAY, MARCH 20, 2015 1773 288.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $96,290 $96,290 $96,290 288.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $44,664 $44,664 $44,664 288.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,465) ($6,465) ($6,465) 288.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $11,610 $11,610 $11,610 288.5 Increase funds for telecommunications. State General Funds $14,765 $14,765 $14,765 288.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $8,077,371 $8,077,371 $8,077,371 State General Funds $8,077,371 $8,077,371 $8,077,371 TOTAL PUBLIC FUNDS $8,077,371 $8,077,371 $8,077,371 Forestland 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 O.C.G.A. 48-5A-2, the Forestland Protection Act, created by HB 1211 and HB 1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 1774 JOURNAL OF THE SENATE 289.100 -Forestland Protection Grants Appropriation (HB 76) 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $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 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 290.100 -Fraud Detection and Prevention Appropriation (HB 76) 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 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 Industry Regulation Continuation Budget The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; and 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 PUBLIC FUNDS $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 FRIDAY, MARCH 20, 2015 1775 291.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $55,977 $55,977 $55,977 291.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $32,279 $32,279 $32,279 291.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,365) ($6,365) ($6,365) 291.4 Increase funds for telecommunications. State General Funds $23,246 $23,246 $23,246 291.100 -Industry Regulation Appropriation (HB 76) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. TOTAL STATE FUNDS $6,048,349 $6,048,349 $6,048,349 State General Funds $5,614,566 $5,614,566 $5,614,566 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 PUBLIC FUNDS $6,419,856 $6,419,856 $6,419,856 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 PUBLIC FUNDS $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 1776 JOURNAL OF THE SENATE 292.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $54,091 $54,091 $54,091 292.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $26,943 $26,943 $26,943 292.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,373) ($4,373) ($4,373) 292.4 Reduce funds for payments for unclaimed property recovery services based on updated payment methodology. State General Funds ($1,410,133) ($1,410,133) ($1,410,133) 292.5 Increase funds for telecommunications. State General Funds $22,803 $22,803 $22,803 292.100-Local Government Services Appropriation (HB 76) 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 $4,873,457 $4,873,457 $4,873,457 State General Funds $4,873,457 $4,873,457 $4,873,457 TOTAL PUBLIC FUNDS $4,873,457 $4,873,457 $4,873,457 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 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 293.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,189,218 $1,189,218 $1,189,218 FRIDAY, MARCH 20, 2015 1777 293.2 Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures. State General Funds ($1,036,853) ($1,036,853) ($1,036,853) 293.100 -Local Tax Officials Retirement and FICA Appropriation (HB 76) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $13,011,424 $13,011,424 $13,011,424 State General Funds $13,011,424 $13,011,424 $13,011,424 TOTAL PUBLIC FUNDS $13,011,424 $13,011,424 $13,011,424 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 PUBLIC FUNDS $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 294.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $84,998 $84,998 $84,998 294.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,237 $42,237 $42,237 294.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($11,935) ($11,935) ($11,935) 294.4 Increase funds for telecommunications. State General Funds $70,654 $70,654 $70,654 294.100 -Motor Vehicle Registration and Titling Appropriation (HB 76) 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. 1778 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,566,913 $18,566,913 $18,566,913 $18,566,913 $18,566,913 $18,566,913 $18,566,913 $18,566,913 $18,566,913 Office of Special Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 295.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,145 $45,145 $45,145 295.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,277 $18,277 $18,277 295.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,277) ($4,277) ($4,277) 295.4 Increase funds for telecommunications. State General Funds $3,447 $3,447 $3,447 295.100 -Office of Special Investigations Appropriation (HB 76) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,955,313 $3,955,313 $3,955,313 $3,955,313 $3,955,313 $3,955,313 $3,955,313 $3,955,313 $3,955,313 FRIDAY, MARCH 20, 2015 1779 Revenue Processing Continuation Budget The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 296.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $75,038 $75,038 $75,038 296.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $36,577 $36,577 $36,577 296.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,548) ($9,548) ($9,548) 296.4 Increase funds for telecommunications. State General Funds $113,803 $113,803 $113,803 296.100-Revenue Processing Appropriation (HB 76) 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 $13,613,917 $13,613,917 $13,613,917 State General Funds $13,613,917 $13,613,917 $13,613,917 TOTAL PUBLIC FUNDS $13,613,917 $13,613,917 $13,613,917 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 $52,663,327 $52,663,327 $52,663,327 $52,663,327 $52,663,327 $52,663,327 1780 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $222,000 $222,000 $52,885,327 $222,000 $222,000 $52,885,327 $222,000 $222,000 $52,885,327 297.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $527,906 $527,906 $527,906 297.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $262,436 $262,436 $262,436 297.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($49,509) ($49,509) ($49,509) 297.4 Increase funds for telecommunications. State General Funds $328,731 $328,731 $328,731 297.5 Increase funds for personnel and operations for three pilot projects to maximize the use of data analytics capabilities and improve the efficiency of tax compliance. (S:YES; Utilize existing funds) State General Funds $1,452,754 $0 297.6 By January 1, 2016, the Department of Revenue shall provide a report to the Georgia General Assembly on the progress of the new pilot projects. (H:YES)(S:YES) State General Funds $0 $0 297.100-Tax Compliance Appropriation (HB 76) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $53,732,891 $55,185,645 $53,732,891 State General Funds $53,732,891 $55,185,645 $53,732,891 TOTAL FEDERAL FUNDS $222,000 $222,000 $222,000 Federal Funds Not Itemized $222,000 $222,000 $222,000 TOTAL PUBLIC FUNDS $53,954,891 $55,407,645 $53,954,891 FRIDAY, MARCH 20, 2015 1781 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 PUBLIC FUNDS $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 298.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,662 $35,662 $35,662 298.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,605 $16,605 $16,605 298.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($2,291) ($2,291) ($2,291) 298.4 Increase funds for telecommunications. State General Funds $13,889 $13,889 $13,889 298.100 -Tax Policy Appropriation (HB 76) The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,127,866 $3,127,866 $3,127,866 $3,127,866 $3,127,866 $3,127,866 $3,127,866 $3,127,866 $3,127,866 1782 JOURNAL OF THE SENATE Technology Support Services Continuation Budget The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 299.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $166,354 $166,354 $166,354 299.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $88,254 $88,254 $88,254 299.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,852) ($8,852) ($8,852) 299.4 Increase funds for telecommunications. State General Funds $364,953 $364,953 $364,953 299.100 -Technology Support Services Appropriation (HB 76) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $25,321,596 $25,321,596 $25,321,596 State General Funds $25,321,596 $25,321,596 $25,321,596 TOTAL PUBLIC FUNDS $25,321,596 $25,321,596 $25,321,596 Section 42: Secretary of State TOTAL STATE FUNDS State General Funds Section Total - Continuation $21,877,971 $21,877,971 $21,877,971 $21,877,971 $21,877,971 $21,877,971 FRIDAY, MARCH 20, 2015 1783 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 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820 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 $24,530,664 $24,530,664 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513 $24,530,664 $24,530,664 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513 $24,538,290 $24,538,290 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,347,139 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 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 1784 JOURNAL OF THE SENATE 300.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,327 $20,327 $20,327 300.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,270 $9,270 $9,270 300.3 Increase funds for operations. State General Funds $873,351 $873,351 $873,351 300.100 -Corporations Appropriation (HB 76) 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 $943,462 $943,462 $943,462 State General Funds $943,462 $943,462 $943,462 TOTAL AGENCY FUNDS $3,775,096 $3,775,096 $3,775,096 Sales and Services $3,775,096 $3,775,096 $3,775,096 Sales and Services Not Itemized $3,775,096 $3,775,096 $3,775,096 TOTAL PUBLIC FUNDS $4,718,558 $4,718,558 $4,718,558 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 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 FRIDAY, MARCH 20, 2015 1785 301.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,811 $24,811 $24,811 301.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,158 $12,158 $12,158 301.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($13,057) ($13,057) ($13,057) 301.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($3,245) ($3,245) ($3,245) 301.5 Increase funds for four positions and operations to prepare for the future elections. (H and S:Provide funds for one attorney ($65,130) and one military liaison ($56,988) to prepare for future elections, and transfer two investigator positions ($137,827) to the Investigations program) State General Funds $259,945 $122,118 $122,118 301.100 -Elections Appropriation (HB 76) 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 $5,506,769 $5,506,769 $85,000 $85,000 $50,000 $50,000 $50,000 $5,641,769 $5,368,942 $5,368,942 $85,000 $85,000 $50,000 $50,000 $50,000 $5,503,942 $5,368,942 $5,368,942 $85,000 $85,000 $50,000 $50,000 $50,000 $5,503,942 1786 JOURNAL OF THE SENATE Investigations Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 302.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,415 $40,415 $40,415 302.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $20,910 $20,910 $20,910 302.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($25,460) ($25,460) ($25,460) 302.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($5,898) ($5,898) ($5,898) 302.5 Increase funds for personnel for two investigator positions to prepare for future elections. State General Funds $137,827 $137,827 302.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and operations. State General Funds $2,615,612 $2,615,612 $2,615,612 302.99 SAC: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. House: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. Governor: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. State General Funds $0 $0 $0 FRIDAY, MARCH 20, 2015 1787 302.100 -Investigations Appropriation (HB 76) The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. TOTAL STATE FUNDS $2,645,579 $2,783,406 $2,783,406 State General Funds $2,645,579 $2,783,406 $2,783,406 TOTAL PUBLIC FUNDS $2,645,579 $2,783,406 $2,783,406 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 303.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $38,800 $38,800 $38,800 303.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,076 $19,076 $19,076 303.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($19,584) ($19,584) ($19,584) 303.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($4,877) ($4,877) ($4,877) 303.5 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and operations for the Georgia Athletic and Entertainment Commission. State General Funds ($95,280) ($95,280) ($95,280) 1788 JOURNAL OF THE SENATE 303.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and operations. State General Funds ($2,615,612) ($2,615,612) ($2,615,612) 303.100 -Office Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $3,303,228 $3,303,228 $3,303,228 State General Funds $3,303,228 $3,303,228 $3,303,228 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $3,318,228 $3,318,228 $3,318,228 Professional Licensing Boards Continuation Budget The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 304.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $81,485 $81,485 $81,485 304.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $40,619 $40,619 $40,619 304.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($58,754) ($58,754) ($58,754) FRIDAY, MARCH 20, 2015 1789 304.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($13,816) ($13,816) ($13,816) 304.5 Increase funds for operations. State General Funds $670,468 $670,468 $670,468 304.6 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and operations for the Georgia Athletic and Entertainment Commission. State General Funds $95,280 $95,280 $95,280 304.7 Increase funds for personnel for five call center positions and five professional licensing positions to expedite processing and assist with complaint and compliance activities. (S:Increase funds for personnel for five call center positions, five professional licensing positions and one nursing investigator to expedite processing and assist with complaint and compliance activities) State General Funds $513,148 $513,148 $581,379 304.100 -Professional Licensing Boards Appropriation (HB 76) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $8,147,277 $8,147,277 $8,215,508 State General Funds $8,147,277 $8,147,277 $8,215,508 TOTAL AGENCY FUNDS $813,753 $813,753 $813,753 Sales and Services $813,753 $813,753 $813,753 Sales and Services Not Itemized $813,753 $813,753 $813,753 TOTAL PUBLIC FUNDS $8,961,030 $8,961,030 $9,029,261 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 $604,458 $604,458 $604,458 $604,458 $604,458 $604,458 1790 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $654,458 $50,000 $50,000 $50,000 $654,458 $50,000 $50,000 $50,000 $654,458 305.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,792 $8,792 $8,792 305.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,501 $5,501 $5,501 305.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,139) ($9,139) ($9,139) 305.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($2,177) ($2,177) ($2,177) 305.5 Increase funds for operations. State General Funds $121,210 $121,210 $60,605 305.100 -Securities Appropriation (HB 76) 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 $728,645 $728,645 $668,040 State General Funds $728,645 $728,645 $668,040 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 $778,645 $778,645 $718,040 FRIDAY, MARCH 20, 2015 1791 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 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 306.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,552 $3,552 $3,552 306.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,084 $2,084 $2,084 306.100-Commission on the Holocaust, Georgia Appropriation (HB 76) 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 $264,236 $264,236 $264,236 State General Funds $264,236 $264,236 $264,236 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 $284,236 $284,236 $284,236 Real Estate Commission Continuation Budget 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 1792 JOURNAL OF THE SENATE 307.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $34,147 $34,147 $34,147 307.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,036 $16,036 $16,036 307.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,405) ($7,405) ($7,405) 307.100 -Real Estate Commission Appropriation (HB 76) 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,991,468 $2,991,468 $2,991,468 $2,991,468 $2,991,468 $2,991,468 $2,991,468 $2,991,468 $2,991,468 Section 43: Soil and Water Conservation Commission, State 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 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $2,620,072 $2,620,072 $2,620,072 $2,620,072 $359,145 $359,145 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $4,477,136 $4,477,136 $2,620,072 $2,620,072 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136 Section Total - Final FRIDAY, MARCH 20, 2015 1793 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 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 308.98 Transfer funds and eight positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and eight positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds ($724,705) ($724,705) ($724,705) 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 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 309.98 Transfer funds and 10 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and ten positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: ($240,208) ($192,737) ($1,190,182) ($1,623,127) ($240,208) ($192,737) ($1,190,182) ($1,623,127) ($240,208) ($192,737) ($1,190,182) ($1,623,127) 1794 JOURNAL OF THE SENATE 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 310.98 Transfer funds and 33 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and 33 positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds Federal Funds Not Itemized Federal Fund Transfers Not Itemized Total Public Funds: ($1,422,937) ($166,408) ($307,737) ($1,897,082) ($1,422,937) ($166,408) ($307,737) ($1,897,082) ($1,422,937) ($166,408) ($307,737) ($1,897,082) U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 311.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. State General Funds ($98,502) ($98,502) ($98,502) FRIDAY, MARCH 20, 2015 1795 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 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 312.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. State General Funds ($133,720) ($133,720) ($133,720) Section 44: Student Finance Commission and Authority, Georgia 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 - Continuation $682,506,450 $682,506,450 $48,858,430 $48,858,430 $633,648,020 $633,648,020 $713,673 $713,673 $230,950 $230,950 $230,950 $230,950 $482,723 $482,723 $482,723 $482,723 $683,220,123 $683,220,123 $682,506,450 $48,858,430 $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $683,220,123 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 $717,313,325 $60,836,497 $656,476,828 $713,673 $230,950 $230,950 $482,723 $482,723 $718,026,998 $709,662,075 $53,185,247 $656,476,828 $713,673 $230,950 $230,950 $482,723 $482,723 $710,375,748 $713,162,075 $56,685,247 $656,476,828 $713,673 $230,950 $230,950 $482,723 $482,723 $713,875,748 1796 JOURNAL OF THE SENATE Accel Continuation Budget The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 313.1 Increase funds to meet the projected need. State General Funds $10,890,394 $10,890,394 $10,890,394 313.100 -Accel Appropriation (HB 76) 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 $21,392,039 $21,392,039 $21,392,039 State General Funds $21,392,039 $21,392,039 $21,392,039 TOTAL PUBLIC FUNDS $21,392,039 $21,392,039 $21,392,039 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 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 314.1 Reduce funds to eliminate the scholarship program while continuing awards to current scholarship recipients and transfer savings to the Tuition Equalization Grant program. State General Funds ($105,000) $0 $0 314.2 Increase funds to meet the projected need. State General Funds $243,750 $243,750 FRIDAY, MARCH 20, 2015 1797 314.3 Increase funds to recruit and retain minority engineers at Mercer University. State General Funds 314.4 Increase funds to recruit and retain minority engineers at Morehouse College. State General Funds $2,000,000 $1,000,000 314.100 -Engineer Scholarship Appropriation (HB 76) 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 $680,250 $1,029,000 $4,029,000 State General Funds $680,250 $1,029,000 $4,029,000 TOTAL PUBLIC FUNDS $680,250 $1,029,000 $4,029,000 Georgia Military College Scholarship Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 315.1 Increase funds to meet the projected need. State General Funds $108,378 $108,378 $108,378 315.100-Georgia Military College Scholarship Appropriation (HB 76) 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 $1,203,240 $1,203,240 $1,203,240 State General Funds $1,203,240 $1,203,240 $1,203,240 TOTAL PUBLIC FUNDS $1,203,240 $1,203,240 $1,203,240 1798 JOURNAL OF THE SENATE HERO Scholarship Continuation Budget The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the 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 $800,000 316.100 -HERO Scholarship Appropriation (HB 76) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 317.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $59,679 $59,679 $59,679 317.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. Lottery Proceeds $3,298 $3,298 $3,298 FRIDAY, MARCH 20, 2015 1799 317.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Lottery Proceeds $44,193 $44,193 $44,193 317.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Lottery Proceeds ($40,489) ($40,489) ($40,489) 317.100-HOPE Administration Appropriation (HB 76) 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 $8,209,800 $8,209,800 $8,209,800 Lottery Proceeds $8,209,800 $8,209,800 $8,209,800 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 $8,440,750 $8,440,750 $8,440,750 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 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 318.100 -HOPE GED Appropriation (HB 76) 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 1800 JOURNAL OF THE SENATE 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 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 319.1 Utilize existing funds to increase HOPE Grant award amount by 3% (103% Factor Rate: $1,597,483). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 319.2 Utilize existing funds ($465,260) to increase the award amount for Zell Miller Grants for students attending technical colleges. (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 319.3 Utilize existing funds for the Strategic Industries Workforce Development Grant to include Computer Programming, Certified Engineer Assistant, Movie Production and Set Design, and Precision Manufacturing certificate and diploma programs ($504,980). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 319.100 -HOPE Grant Appropriation (HB 76) 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 $109,059,989 $109,059,989 $109,059,989 Lottery Proceeds $109,059,989 $109,059,989 $109,059,989 TOTAL PUBLIC FUNDS $109,059,989 $109,059,989 $109,059,989 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. FRIDAY, MARCH 20, 2015 1801 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 320.1 Utilize existing funds to increase the award amount for HOPE Scholarships-Private Schools by 3% (103% Factor Rate: $1,348,863). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 320.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending private postsecondary institutions by 3% ($27,058). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 320.100-HOPE Scholarships - Private Schools Appropriation (HB 76) 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 $47,916,330 $47,916,330 $47,916,330 Lottery Proceeds $47,916,330 $47,916,330 $47,916,330 TOTAL PUBLIC FUNDS $47,916,330 $47,916,330 $47,916,330 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 321.1 Increase funds to meet the projected need ($6,711,568) and to increase the award amount for HOPE Scholarships-Public Schools by 3% (103% Factor Rate: $10,050,559). Lottery Proceeds $16,762,127 $16,762,127 $16,762,127 1802 JOURNAL OF THE SENATE 321.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending public postsecondary institutions ($1,535,982). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 321.100 -HOPE Scholarships - Public Schools Appropriation (HB 76) 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 $463,360,413 $463,360,413 $463,360,413 Lottery Proceeds $463,360,413 $463,360,413 $463,360,413 TOTAL PUBLIC FUNDS $463,360,413 $463,360,413 $463,360,413 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 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 322.1 Increase funds to meet the projected need. (H:Provide for HOPE funding gap)(S:Adhere to O.C.G.A. 20-3-400.2) Lottery Proceeds $6,000,000 ($2,000,000) ($1,500,000) 322.100 -Low Interest Loans Appropriation (HB 76) 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 $25,000,000 $17,000,000 $17,500,000 Lottery Proceeds $25,000,000 $17,000,000 $17,500,000 TOTAL PUBLIC FUNDS $25,000,000 $17,000,000 $17,500,000 FRIDAY, MARCH 20, 2015 1803 Low Interest Loans for Technical Colleges Continuation Budget The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 323.1 Replace funds. (S:Replace funds and require Georgia Student Finance Commission initiate monitoring action of default rates and develop plan to disqualify students from schools in default exceeding 15%) State General Funds Lottery Proceeds Total Public Funds: ($8,000,000) $8,000,000 $0 ($7,500,000) $7,500,000 $0 323.100 -Low Interest Loans for Technical Colleges Appropriation (HB 76) The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS $10,000,000 $10,000,000 $10,000,000 State General Funds $9,000,000 $1,000,000 $1,500,000 Lottery Proceeds $1,000,000 $9,000,000 $8,500,000 TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 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 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 324.1 Increase funds to meet the projected need. State General Funds $308,168 $308,168 $308,168 1804 JOURNAL OF THE SENATE 324.100 -North Georgia Military Scholarship Grants Appropriation (HB 76) 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 $1,825,445 $1,825,445 $1,825,445 State General Funds $1,825,445 $1,825,445 $1,825,445 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $2,308,168 $2,308,168 $2,308,168 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 $875,000 325.1 Increase funds to meet the projected need. State General Funds $362,500 $362,500 $362,500 325.100 -North Georgia ROTC Grants Appropriation (HB 76) 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 $1,237,500 $1,237,500 $1,237,500 State General Funds $1,237,500 $1,237,500 $1,237,500 TOTAL PUBLIC FUNDS $1,237,500 $1,237,500 $1,237,500 Public Safety Memorial 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. FRIDAY, MARCH 20, 2015 1805 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 326.1 Increase funds to meet the projected need. State General Funds $376,761 $376,761 $376,761 $223,239 $376,761 $376,761 $376,761 $223,239 $376,761 $376,761 $376,761 $223,239 326.98 Change the name of the Public Memorial Safety Grant program to Public Safety Memorial Grant. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 326.100-Public Safety Memorial Grant Appropriation (HB 76) 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 $600,000 $600,000 $600,000 State General Funds $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $600,000 $600,000 $600,000 REACH Georgia Scholarship Continuation Budget The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 327.100 -REACH Georgia Scholarship Appropriation (HB 76) The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. TOTAL STATE FUNDS $2,000,000 $2,000,000 $2,000,000 State General Funds $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 1806 JOURNAL OF THE SENATE Tuition Equalization Grants Continuation Budget The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 328.1 Transfer funds from the Engineer Scholarship program ($105,000) to the Tuition Equalization Grants program and utilize existing funds to increase the award amount from $700 to $900 a year. (Total funds: $2,626,328)(H and S:Increase funds and utilize existing funds to increase the award amount from $700 to $900 a year (Total funds: $2,626,328)) State General Funds $105,000 $105,000 $105,000 328.100 -Tuition Equalization Grants Appropriation (HB 76) 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 $21,224,952 $21,224,952 $21,224,952 State General Funds $21,224,952 $21,224,952 $21,224,952 TOTAL PUBLIC FUNDS $21,224,952 $21,224,952 $21,224,952 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 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 329.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,860 $6,860 $6,860 329.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,364 $5,364 $5,364 FRIDAY, MARCH 20, 2015 1807 329.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,836) ($4,836) ($4,836) 329.4 Increase funds for personnel for a Standards Administrator position to reduce caseload for regulatory oversight. State General Funds $78,000 $78,000 $78,000 329.100-Nonpublic Postsecondary Education Commission Appropriation (HB 76) 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 $873,071 $873,071 $873,071 State General Funds $873,071 $873,071 $873,071 TOTAL PUBLIC FUNDS $873,071 $873,071 $873,071 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 $412,000 $412,000 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $34,768,709 Section Total - Final $317,000 $317,000 $317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,352,700 $35,352,700 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700 Local/Floor COLA 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. 1808 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $412,000 $412,000 $412,000 330.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($95,000) $412,000 $412,000 $412,000 ($95,000) $412,000 $412,000 $412,000 ($95,000) 330.100 -Local/Floor COLA Appropriation (HB 76) 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 $317,000 $317,000 $317,000 State General Funds $317,000 $317,000 $317,000 TOTAL PUBLIC FUNDS $317,000 $317,000 $317,000 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 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 331.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $499,791 $499,791 $499,791 331.2 Increase funds for Mid-Career Pre-Retirement campaign. Retirement Payments $10,000 $10,000 $10,000 FRIDAY, MARCH 20, 2015 1809 331.3 Reduce funds to reflect completed FY2015 actuary study. Retirement Payments ($60,000) ($60,000) ($60,000) 331.4 Increase funds for contracts ($417,700), information technology ($143,500) and telecommunications ($8,000). Retirement Payments $569,200 $569,200 $569,200 331.5 Reduce funds for information technology equipment ($330,000) and training ($10,000). Retirement Payments ($340,000) ($340,000) ($340,000) 331.100-System Administration Appropriation (HB 76) 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 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 14.27% for State Fiscal Year 2016. Section 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $331,854,904 $331,854,904 $331,854,904 $331,854,904 $80,482,813 $80,482,813 $78,261,138 $78,261,138 $2,221,675 $2,221,675 $346,781,463 $346,781,463 $3,393,556 $3,393,556 $3,393,556 $3,393,556 $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 1810 JOURNAL OF THE SENATE 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 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 - Final $339,816,187 $339,816,187 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,440,463 $339,623,145 $339,623,145 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,247,421 $339,816,187 $339,816,187 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,440,463 Adult Education 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, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. FRIDAY, MARCH 20, 2015 1811 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 332.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,537 $4,537 $4,537 332.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $54,061 $54,061 $54,061 332.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $116,629 $116,629 $116,629 332.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,365 $5,365 $5,365 332.100 -Adult Education Appropriation (HB 76) The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. TOTAL STATE FUNDS $14,492,443 $14,492,443 $14,492,443 State General Funds $14,492,443 $14,492,443 $14,492,443 TOTAL FEDERAL FUNDS $18,428,331 $18,428,331 $18,428,331 Federal Funds Not Itemized $18,428,331 $18,428,331 $18,428,331 1812 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,558,650 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,558,650 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,558,650 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 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 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $8,478,091 $8,478,091 $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $83,704 $83,704 $83,704 333.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,357 $9,357 $9,357 333.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $68,532 $68,532 $68,532 333.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $56,515 $56,515 $56,515 FRIDAY, MARCH 20, 2015 1813 333.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $14,470 $14,470 $14,470 333.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. TOTAL STATE FUNDS $8,710,669 $8,710,669 $8,710,669 State General Funds $8,710,669 $8,710,669 $8,710,669 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements Not Itemized $200,000 $200,000 $200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 State Funds Transfers $110,000 $110,000 $110,000 Agency to Agency Contracts $110,000 $110,000 $110,000 TOTAL PUBLIC FUNDS $9,020,669 $9,020,669 $9,020,669 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 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 334.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,040 $47,040 $47,040 1814 JOURNAL OF THE SENATE 334.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $25,460 $25,460 $25,460 334.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $72,437 $72,437 $72,437 334.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $67,766 $67,766 $67,766 334.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,747 $2,747 $2,747 334.100 -Quick Start and Customized Services Appropriation (HB 76) The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. TOTAL STATE FUNDS $13,058,532 $13,058,532 $13,058,532 State General Funds $13,058,532 $13,058,532 $13,058,532 TOTAL FEDERAL FUNDS $441,458 $441,458 $441,458 Federal Funds Not Itemized $441,458 $441,458 $441,458 TOTAL AGENCY FUNDS $9,789,701 $9,789,701 $9,789,701 Sales and Services $9,789,701 $9,789,701 $9,789,701 Sales and Services Not Itemized $9,789,701 $9,789,701 $9,789,701 TOTAL PUBLIC FUNDS $23,289,691 $23,289,691 $23,289,691 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 postsecondary education or training to increase their competitiveness in the workplace. FRIDAY, MARCH 20, 2015 1815 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 335.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,683,719 $1,683,719 $1,683,719 335.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,208,640 $1,208,640 $1,208,640 335.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,840,847 $2,840,847 $2,840,847 335.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $48,418 $48,418 $48,418 335.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $336,702 $336,702 $336,702 335.6 Increase funds for formula growth to reflect a 2.4% increase in square footage. State General Funds $1,214,337 $1,214,337 $1,214,337 1816 JOURNAL OF THE SENATE 335.7 Utilize existing funds of $500,000 in savings from the merger of Moultrie Technical College and Southwest Georgia Technical College to fund personnel and operations for the precision manufacturing designation at West Georgia Technical College. (G:YES)(H:YES)(S:YES) State General Funds $0 ($193,042) $0 335.100 -Technical Education Appropriation (HB 76) 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 STATE FUNDS $303,554,543 $303,361,501 $303,554,543 State General Funds $303,554,543 $303,361,501 $303,554,543 TOTAL FEDERAL FUNDS $61,613,024 $61,613,024 $61,613,024 Federal Funds Not Itemized $59,391,349 $59,391,349 $59,391,349 FFIND Child Care and Development Block Grant CFDA93.575 $2,221,675 $2,221,675 $2,221,675 TOTAL AGENCY FUNDS $330,153,886 $330,153,886 $330,153,886 Sales and Services $330,153,886 $330,153,886 $330,153,886 Sales and Services Not Itemized $60,287,450 $60,287,450 $60,287,450 Tuition and Fees for Higher Education $269,866,436 $269,866,436 $269,866,436 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 $696,571,453 $696,378,411 $696,571,453 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 Section Total - Continuation $864,106,198 $864,106,198 $15,028,477 $15,028,477 $849,077,721 $849,077,721 $1,593,146,310 $1,593,146,310 $66,861,369 $66,861,369 $1,526,284,941 $1,526,284,941 $89,566,703 $89,566,703 $681,643 $681,643 $864,106,198 $15,028,477 $849,077,721 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 FRIDAY, MARCH 20, 2015 1817 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $681,643 $88,885,060 $88,885,060 $2,546,819,211 $681,643 $88,885,060 $88,885,060 $2,546,819,211 $681,643 $88,885,060 $88,885,060 $2,546,819,211 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $876,295,966 $9,719,452 $866,576,514 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703 $681,643 $681,643 $88,885,060 $88,885,060 $2,559,008,979 $891,496,632 $24,920,118 $866,576,514 $1,593,146,310 $66,861,369 $1,526,284,941 $93,537,703 $3,971,000 $3,971,000 $681,643 $681,643 $88,885,060 $88,885,060 $2,578,180,645 $890,537,224 $23,960,710 $866,576,514 $1,593,146,310 $66,861,369 $1,526,284,941 $93,537,703 $3,971,000 $3,971,000 $681,643 $681,643 $88,885,060 $88,885,060 $2,577,221,237 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 1818 JOURNAL OF THE SENATE 336.1 Increase funds for the I-285/GA 400 interchange project. State Motor Fuel Funds $5,922,309 $5,922,309 $5,922,309 336.2 Increase funds for contracts for additional quick response projects. State Motor Fuel Funds $3,923,005 $3,923,005 $3,923,005 336.100 -Capital Construction Projects Appropriation (HB 76) 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 $223,238,790 $223,238,790 $223,238,790 State Motor Fuel Funds $223,238,790 $223,238,790 $223,238,790 TOTAL FEDERAL FUNDS $925,252,699 $925,252,699 $925,252,699 Federal Highway Admin.-Planning & Construction CFDA20.205 $925,252,699 $925,252,699 $925,252,699 TOTAL AGENCY FUNDS $55,300,430 $55,300,430 $55,300,430 Sales and Services $55,300,430 $55,300,430 $55,300,430 Sales and Services Not Itemized $55,300,430 $55,300,430 $55,300,430 TOTAL PUBLIC FUNDS $1,203,791,919 $1,203,791,919 $1,203,791,919 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 337.1 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service agreements. State Motor Fuel Funds ($19,076,746) ($19,076,746) ($19,076,746) FRIDAY, MARCH 20, 2015 1819 337.100 -Capital Maintenance Projects Appropriation (HB 76) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $41,483,404 $41,483,404 $41,483,404 State Motor Fuel Funds $41,483,404 $41,483,404 $41,483,404 TOTAL FEDERAL FUNDS $183,218,385 $183,218,385 $183,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205 $183,218,385 $183,218,385 $183,218,385 TOTAL AGENCY FUNDS $350,574 $350,574 $350,574 Sales and Services $350,574 $350,574 $350,574 Sales and Services Not Itemized $350,574 $350,574 $350,574 TOTAL PUBLIC FUNDS $225,052,363 $225,052,363 $225,052,363 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 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 338.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $558,335 $558,335 $558,335 338.2 Recognize prior-year motor fuel funds. (S:Utilize existing funds ($721,000) for a pedestrian bridge across Georgia State Highway 21 to provide access to the new Port Wentworth K-8 school) Reserved Fund Balances Not Itemized $3,500,000 $3,500,000 1820 JOURNAL OF THE SENATE 338.100-Construction Administration Appropriation (HB 76) 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 $82,124,154 $82,124,154 $82,124,154 State Motor Fuel Funds $82,124,154 $82,124,154 $82,124,154 TOTAL FEDERAL FUNDS $68,642,990 $68,642,990 $68,642,990 Federal Highway Admin.-Planning & Construction CFDA20.205 $68,642,990 $68,642,990 $68,642,990 TOTAL AGENCY FUNDS $963,619 $4,463,619 $4,463,619 Reserved Fund Balances $3,500,000 $3,500,000 Reserved Fund Balances Not Itemized $3,500,000 $3,500,000 Sales and Services $963,619 $963,619 $963,619 Sales and Services Not Itemized $963,619 $963,619 $963,619 TOTAL PUBLIC FUNDS $151,730,763 $155,230,763 $155,230,763 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 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 339.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $10,286 $10,286 $10,286 339.2 Recognize prior-year motor fuel funds. Reserved Fund Balances Not Itemized $233,000 $233,000 FRIDAY, MARCH 20, 2015 1821 339.100 -Data Collection, Compliance and Reporting Appropriation (HB 76) 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 $2,825,346 $2,825,346 $2,825,346 State Motor Fuel Funds $2,825,346 $2,825,346 $2,825,346 TOTAL FEDERAL FUNDS $10,270,257 $10,270,257 $10,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,270,257 $10,270,257 $10,270,257 TOTAL AGENCY FUNDS $62,257 $295,257 $295,257 Reserved Fund Balances $233,000 $233,000 Reserved Fund Balances Not Itemized $233,000 $233,000 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $13,157,860 $13,390,860 $13,390,860 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 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 340.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $279,752 $279,752 $279,752 340.2 Recognize prior-year motor fuel funds. Reserved Fund Balances Not Itemized $238,000 $238,000 1822 JOURNAL OF THE SENATE 340.3 Utilize existing funds for personnel for one position to assist emerging minority contractors. (S:YES) State Motor Fuel Funds $0 340.100-Departmental Administration Appropriation (HB 76) 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 $55,760,528 $55,760,528 $55,760,528 State Motor Fuel Funds $55,760,528 $55,760,528 $55,760,528 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $1,136,970 $1,136,970 Reserved Fund Balances $238,000 $238,000 Reserved Fund Balances Not Itemized $238,000 $238,000 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $67,499,321 $67,737,321 $67,737,321 Intermodal Continuation Budget 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 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 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 341.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,012 $45,012 $45,012 FRIDAY, MARCH 20, 2015 1823 341.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,940 $11,940 $11,940 341.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($14,258) ($14,258) ($14,258) 341.4 Reduce funds for Airport Aid grants and benefits to match anticipated federal funds. (H and S:NO; Increase funds for airport aid grants) State General Funds ($5,351,719) $250,000 $1,250,000 341.5 It is the intent of the General Assembly that funds appropriated to any public transit system, including capital outlay, shall meet the requirements of 49 USC s. 5323 (r), which allows reasonable access to public transportation facilities by private sector transportation operators to such facilities including intermodal facilities, bus-only highway lanes, and park and ride lots so constructed with bond funds. To encourage furtherance of such public-private partnerships in transit throughout Georgia, the requirements of said section shall be met regardless of federal fund participation in any project funded through use of bond funds provided herein. (S:YES) State General Funds $0 341.100 -Intermodal Appropriation (HB 76) 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 $9,719,452 $15,321,171 $16,321,171 State General Funds $9,719,452 $15,321,171 $16,321,171 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 $782,232 $782,232 $782,232 Intergovernmental Transfers $681,643 $681,643 $681,643 Intergovernmental Transfers Not Itemized $681,643 $681,643 $681,643 Sales and Services $100,589 $100,589 $100,589 Sales and Services Not Itemized $100,589 $100,589 $100,589 TOTAL PUBLIC FUNDS $77,363,053 $82,964,772 $83,964,772 1824 JOURNAL OF THE SENATE 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 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 342.100 -Local Maintenance and Improvement Grants Appropriation (HB 76) 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 $122,470,000 $122,470,000 $122,470,000 State Motor Fuel Funds $122,470,000 $122,470,000 $122,470,000 TOTAL PUBLIC FUNDS $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 343.100 -Local Road Assistance Administration Appropriation (HB 76) 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, MARCH 20, 2015 1825 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 $4,346,461 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 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 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 344.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $7,152 $7,152 $7,152 344.100 -Planning Appropriation (HB 76) 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 $2,270,378 $2,270,378 $2,270,378 State Motor Fuel Funds $2,270,378 $2,270,378 $2,270,378 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 $16,954,182 $16,954,182 $16,954,182 1826 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 345.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $734,872 $734,872 $734,872 345.2 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service agreements. State Motor Fuel Funds $19,076,746 $19,076,746 $19,076,746 345.3 Increase funds for additional service agreements. State Motor Fuel Funds $3,947,712 $3,947,712 $3,947,712 345.100 -Routine Maintenance Appropriation (HB 76) 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. FRIDAY, MARCH 20, 2015 1827 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 $218,339,439 $218,339,439 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $248,504,795 $218,339,439 $218,339,439 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $248,504,795 $218,339,439 $218,339,439 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $248,504,795 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 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 346.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $115,370 $115,370 $115,370 346.2 Increase funds for traffic management and control projects to match federal funds. State Motor Fuel Funds $2,000,000 $2,000,000 $2,000,000 1828 JOURNAL OF THE SENATE 346.100 -Traffic Management and Control Appropriation (HB 76) 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 $21,871,601 $21,871,601 $21,871,601 State Motor Fuel Funds $21,871,601 $21,871,601 $21,871,601 TOTAL FEDERAL FUNDS $46,110,542 $46,110,542 $46,110,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $46,110,542 $46,110,542 $46,110,542 TOTAL AGENCY FUNDS $25,534,484 $25,534,484 $25,534,484 Sales and Services $25,534,484 $25,534,484 $25,534,484 Sales and Services Not Itemized $25,534,484 $25,534,484 $25,534,484 TOTAL PUBLIC FUNDS $93,516,627 $93,516,627 $93,516,627 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 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 347.1 Utilize existing funds of $7,639,539 in the Georgia Transportation Infrastructure Bank program for debt service. (G:YES)(H and S:NO; Provide new funds of $7,639,539 for the Georgia Transportation Infrastructure Bank program for debt service) State General Funds State Motor Fuel Funds Total Public Funds: $7,639,539 $7,639,539 $0 $0 $0 $0 $7,639,539 $7,639,539 347.2 Utilize existing funds of $1,959,408 for debt service. (G:YES)(H:NO; Provide new funds of $1,959,408 for debt service)(S:YES) FRIDAY, MARCH 20, 2015 1829 State General Funds State Motor Fuel Funds Total Public Funds: $1,959,408 $0 $0 $0 $0 $0 $1,959,408 $0 347.3 The General Assembly finds that at least 25 percent of the Georgia Transportation Infrastructure Bank funds should be utilized by qualified applicants of Tier 1 and Tier 2 counties. If there are not enough qualified applications from Tier 1 and Tier 2 counties, the remainder of the 25 percent may be awarded to other qualified applicants. (H:YES)(S:YES) State Motor Fuel Funds $0 $0 347.99 SAC: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. House: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. Governor: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. State Motor Fuel Funds $0 $0 $0 347.100-Payments to the State Road and Tollway Authority Appropriation (HB 76) The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. TOTAL STATE FUNDS $91,846,413 $101,445,360 $99,485,952 State General Funds $0 $9,598,947 $7,639,539 State Motor Fuel Funds $91,846,413 $91,846,413 $91,846,413 TOTAL FEDERAL FUNDS $150,524,072 $150,524,072 $150,524,072 Federal Highway Admin.-Planning & Construction CFDA20.205 $150,524,072 $150,524,072 $150,524,072 TOTAL PUBLIC FUNDS $242,370,485 $251,969,432 $250,010,024 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, 1830 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,501,201 $20,501,201 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $41,182,139 $41,182,139 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $41,182,139 TOTAL 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 $20,809,518 $20,809,518 $15,921,280 $15,921,280 $4,339,080 $4,339,080 $4,339,080 $41,069,878 $20,809,518 $20,809,518 $16,158,743 $16,158,743 $4,392,543 $4,392,543 $4,392,543 $41,360,804 $20,809,518 $20,809,518 $16,105,830 $16,105,830 $4,380,630 $4,380,630 $4,380,630 $41,295,978 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 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 FRIDAY, MARCH 20, 2015 1831 348.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $21,334 $21,334 $21,334 348.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,379 $9,379 $9,379 348.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,114 $6,114 $6,114 348.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,822 $2,822 $2,822 348.100 -Administration Appropriation (HB 76) 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 $1,798,605 $1,798,605 $1,798,605 State General Funds $1,798,605 $1,798,605 $1,798,605 TOTAL PUBLIC FUNDS $1,798,605 $1,798,605 $1,798,605 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 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 349.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,769 $11,769 $11,769 1832 JOURNAL OF THE SENATE 349.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,796 $5,796 $5,796 349.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $824 $824 $824 349.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for two positions. (S:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for three positions) State General Funds $82,000 $82,000 $123,000 349.5 Reduce funds for one-time pre-design expenses for cemetery expansion. State General Funds ($35,000) ($35,000) ($35,000) 349.6 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion. (H and S:NO; Funding provided in the Amended FY2015 budget (HB75, 2015 Session)) State General Funds $184,000 $0 $0 349.100-Georgia Veterans Memorial Cemetery Appropriation (HB 76) 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 $804,086 $620,086 $661,086 State General Funds $804,086 $620,086 $661,086 TOTAL FEDERAL FUNDS $178,004 $178,004 $178,004 Federal Funds Not Itemized $178,004 $178,004 $178,004 TOTAL PUBLIC FUNDS $982,090 $798,090 $839,090 Georgia War Veterans Nursing Homes Continuation Budget The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. FRIDAY, MARCH 20, 2015 1833 TOTAL 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 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 350.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $50,426 $50,426 $50,426 350.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $49,231 $49,231 $49,231 350.3 Increase funds for the employer share of health insurance ($13,320) and retiree health benefits ($31,620). State General Funds $44,940 $44,940 $44,940 350.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for two positions. (S:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for three positions) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($82,000) ($105,826) ($23,826) ($211,652) ($82,000) ($105,826) ($23,826) ($211,652) ($123,000) ($158,739) ($35,739) ($317,478) 350.5 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion. (H and S:NO; Utilize existing funds to increase daily census) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($184,000) $0 $0 ($237,463) $0 $0 ($53,463) $0 $0 ($474,926) $0 $0 1834 JOURNAL OF THE SENATE 350.100 -Georgia War Veterans Nursing Homes Appropriation (HB 76) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,808,352 $11,992,352 $11,951,352 State General Funds $11,808,352 $11,992,352 $11,951,352 TOTAL FEDERAL FUNDS $13,115,836 $13,353,299 $13,300,386 Federal Funds Not Itemized $13,115,836 $13,353,299 $13,300,386 TOTAL AGENCY FUNDS $2,339,080 $2,392,543 $2,380,630 Sales and Services $2,339,080 $2,392,543 $2,380,630 Sales and Services Not Itemized $2,339,080 $2,392,543 $2,380,630 TOTAL PUBLIC FUNDS $27,263,268 $27,738,194 $27,632,368 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 351.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $91,019 $91,019 $91,019 351.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $40,876 $40,876 $40,876 351.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,787 $8,787 $8,787 FRIDAY, MARCH 20, 2015 1835 351.100 -Veterans Benefits Appropriation (HB 76) 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 $6,398,475 $6,398,475 $6,398,475 State General Funds $6,398,475 $6,398,475 $6,398,475 TOTAL FEDERAL FUNDS $2,627,440 $2,627,440 $2,627,440 Federal Funds Not Itemized $2,627,440 $2,627,440 $2,627,440 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $11,025,915 $11,025,915 $11,025,915 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 $22,529,716 $22,529,716 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $23,053,548 $23,053,548 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $22,297,742 $22,297,742 $373,832 $373,832 $373,832 $22,671,574 $22,297,742 $22,297,742 $373,832 $373,832 $373,832 $22,671,574 $22,297,742 $22,297,742 $373,832 $373,832 $373,832 $22,671,574 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. 1836 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 352.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $189,858 $189,858 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $189,858 352.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $91,333 $91,333 $91,333 352.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $7,162 $7,162 $7,162 352.4 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to properly align budget with program expenditures. State General Funds $150,000 $150,000 $150,000 352.5 Reduce funds for sales and services to reflect other funds received. Sales and Services Not Itemized ($150,000) ($150,000) ($150,000) 352.100 -Administer the Workers' Compensation Laws Appropriation (HB 76) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $12,424,175 $12,424,175 $12,424,175 State General Funds $12,424,175 $12,424,175 $12,424,175 TOTAL AGENCY FUNDS $308,353 $308,353 $308,353 Sales and Services $308,353 $308,353 $308,353 Sales and Services Not Itemized $308,353 $308,353 $308,353 TOTAL PUBLIC FUNDS $12,732,528 $12,732,528 $12,732,528 FRIDAY, MARCH 20, 2015 1837 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 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 353.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,809 $33,809 $33,809 353.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,510 $17,510 $17,510 353.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,072 $1,072 $1,072 353.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,709 $2,709 $2,709 353.5 Reduce funds for the payment to the Office of the State Treasurer from $4,728,320 to $4,152,893. State General Funds ($575,427) ($575,427) ($575,427) 353.6 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to properly align budget with program expenditures. State General Funds ($150,000) ($150,000) ($150,000) 1838 JOURNAL OF THE SENATE 353.100 -Board Administration Appropriation (HB 76) 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 $9,873,567 $9,873,567 $9,873,567 State General Funds $9,873,567 $9,873,567 $9,873,567 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 $9,939,046 $9,939,046 $9,939,046 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 $1,116,960,788 $1,116,960,788 $960,280,975 $960,280,975 $156,679,813 $156,679,813 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,135,221,621 $1,135,221,621 $1,116,960,788 $960,280,975 $156,679,813 $18,260,833 $18,260,833 $1,135,221,621 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,189,909,310 $1,053,132,033 $136,777,277 $18,260,833 $18,260,833 $1,208,170,143 $1,205,323,193 $1,068,545,916 $136,777,277 $18,260,833 $18,260,833 $1,223,584,026 $1,209,882,016 $1,073,104,739 $136,777,277 $18,260,833 $18,260,833 $1,228,142,849 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 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 FRIDAY, MARCH 20, 2015 1839 354.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds Total Public Funds: $96,832,485 $1,925,600 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $96,832,485 $1,925,600 $98,758,085 354.2 Reduce funds for debt service to reflect projected need. State Motor Fuel Funds ($19,902,536) ($19,902,536) ($19,902,536) 354.3 Redirect $1,000,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB78, Bond 379.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 354.4 Redirect $1,199,842 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $1,190,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 354.5 Redirect $1,463,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB78, Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $1,260,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB78, Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 1840 JOURNAL OF THE SENATE 354.6 Redirect $2,148,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond 362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $2,145,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond 362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 354.7 Redirect $202,527 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB742, Bond #3) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 354.8 Redirect $350,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Low Wealth (HB106, Bond 362.303) to be used for the FY2016 Capital Outlay Program - Low-Wealth for local school construction, statewide. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 354.9 Redirect $7,536,631 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $4,320,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 354.10 Redirect $3,635,000 in 20-year issued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (H:YES)(S:YES) State General Funds $0 $0 FRIDAY, MARCH 20, 2015 1841 354.11 Redirect $7,925,000 in 20-year unspent bond proceeds from FY2013 (HB742, Bond #79) for the Georgia Building Authority for purchase, plan and design of Reserve Command building, Fort McPherson, Atlanta, Fulton County to be used for the demolition of the Archives building for site of new Judicial Center, Atlanta, Fulton County and $6,909,305 to be used for facility improvements and renovations statewide. (S:YES) State General Funds $0 354.12 Repeal the authorization of $4,000,000 in unissued 20-year bonds from FY2013 (HB742, Bond #24, revised in HB743) to retrofit the Forces Command building at Fort McPherson for state use for the Georgia Building Authority for purchase, plan and design. (S:YES) State General Funds ($342,400) 354.13 Repeal the authorization of $260,000 in unissued 5-year bonds from FY2013 (HB742, Bond #42) for equipment for the classroom building, Southern Crescent Technical College, McDonough, Henry County. (S:YES) State General Funds ($60,060) 354.14 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #25) for Infrastructure Expansion, Augusta State University, Augusta, Richmond County. (S:YES) State General Funds ($43,600) 354.15 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #97) for water and sewer rehabilitation on Department of Transportation owned land at the state Visitor Information Center on I-95. (S:YES) State General Funds ($43,600) 354.16 Repeal the authorization of $5,000,000 in unissued 5-year bonds from FY2012 (HB78, Bond 379.511) in Department of Community Health to implement a new eligibility system. (S:YES) State General Funds ($1,155,000) 354.17 Repeal the authorization of $1,500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #96) in Department of Transportation for the Atlanta-Chattanooga High Speed Ground Project. (S:YES) State General Funds ($130,800) 1842 JOURNAL OF THE SENATE 354.100 -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 State Motor Fuel Funds TOTAL PUBLIC FUNDS Total Debt Service 5 year at 5.07% State General Funds 10 year at 5.52% State General Funds 20 year at 5.77% State General Funds 20 year at 6.5% State General Funds Total Amount State General Funds State Motor Fuel Funds $1,097,058,252 $960,280,975 $136,777,277 $18,260,833 $18,260,833 $1,115,319,085 Appropriation (HB 76) $1,097,058,252 $1,095,282,792 $960,280,975 $958,505,515 $136,777,277 $136,777,277 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,115,319,085 $1,113,543,625 Continuation Budget $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $23,547,264 $25,560,444 $27,696,266 $3,187,200 $3,187,200 $3,187,200 $41,857,544 $62,521,384 $66,260,820 $16,820,700 $16,811,620 $17,454,938 $85,412,708 $108,080,648 $114,599,224 FRIDAY, MARCH 20, 2015 1843 Total Principal Amount 5 year at 5.07% State General Funds $101,760,000 $110,460,000 $119,690,000 10 year at 5.52% State General Funds $24,000,000 $24,000,000 $24,000,000 20 year at 5.77% State General Funds $488,990,000 $730,390,000 $774,075,000 20 year at 6.5% State General Funds $185,250,000 $185,150,000 $192,235,000 Total Amount State General Funds State Motor Fuel Funds $800,000,000 $1,050,000,000 $1,110,000,000 355.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds Total Public Funds: ($96,832,485) ($1,925,600) ($98,758,085) ($96,832,485) ($1,925,600) ($98,758,085) ($96,832,485) ($1,925,600) ($98,758,085) 355.2 Increase funds for debt service. State General Funds $7,438,350 $184,293 $0 355.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,438,350 $7,438,350 $7,438,350 Appropriation (HB 76) $184,293 $0 $184,293 $0 $184,293 $0 1844 JOURNAL OF THE SENATE Education, Department of 355.101 BOND: K - 12 Schools: $188,790,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Regular for local school construction statewide. From State General Funds, $16,160,424 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 $188,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $16,160,424 $16,160,424 $16,160,424 Education, Department of 355.102 BOND: K - 12 Schools: $31,500,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Low-Wealth for local school construction statewide. From State General Funds, $2,696,400 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $31,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,696,400 $2,696,400 $2,696,400 Education, Department of 355.103 BOND: K - 12 Schools: $5,945,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Additional Project Specific Low- Wealth for local school construction. From State General Funds, $508,892 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $5,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $508,892 $508,892 $508,892 Education, Department of 355.104 BOND: K - 12 Schools: $20,000,000 in principal for 10 years at 5.52%: Purchase 259 school buses, local school districts, statewide. From State General Funds, $2,656,000 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 one hundred and twenty months. State General Funds $2,656,000 $2,656,000 $2,656,000 FRIDAY, MARCH 20, 2015 1845 Education, Department of 355.105 BOND: K - 12 Schools: $3,000,000 in principal for 5 years at 5.07%: Fund vocational equipment statewide. From State General Funds, $694,200 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $694,200 $694,200 $694,200 Education, Department of 355.106 BOND: State Schools: $800,000 in principal for 20 years at 5.77%: Fund facility improvements and repairs at State Schools, multiple locations. From State General Funds, $68,480 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 $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. State General Funds $68,480 $68,480 $68,480 Education, Department of 355.107 BOND: DOE Locations Statewide: $9,500,000 in principal for 20 years at 6.5%: Fund building construction at the FFA/FCCLA Center, Covington, Newton County. [Taxable Bond] From State General Funds, $862,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $862,600 $862,600 $862,600 Education, Department of 355.108 BOND: DOE Locations Statewide: $12,000,000 in principal for 20 years at 5.77%: Fund facility major repairs, improvements, renovations, and equipment at Georgia Network for Educational and Therapeutic Support (GNETS) program facilities statewide. From State General Funds, $1,027,200 is specifically appropriated for the purpose of financing projects and 1846 JOURNAL OF THE SENATE 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,027,200 $1,027,200 $1,027,200 University System of Georgia, Board of Regents 355.201 BOND: Regents: $60,000,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $5,136,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $5,136,000 $5,136,000 $5,136,000 University System of Georgia, Board of Regents 355.202 BOND: University of Georgia: $3,300,000 in principal for 5 years at 5.07%: Purchase equipment for the new Science Learning Center, University of Georgia, Athens, Clarke County. From State General Funds, $763,620 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months. State General Funds $763,620 $763,620 $763,620 University System of Georgia, Board of Regents 355.203 BOND: Columbus State University: $17,400,000 in principal for 20 years at 5.77%: Fund construction of an addition and renovation, and equipment, Schwob Library, Columbus State University, Columbus, Muscogee County. (H and S:Fund construction of Academic Core renovations and additions, Columbus State University, Columbus, Muscogee County) From State General Funds, $1,489,440 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 20, 2015 1847 development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $542,704 $1,016,072 $1,489,440 University System of Georgia, Board of Regents 355.204 BOND: Georgia College and State University: $9,100,000 in principal for 20 years at 5.77%: Fund construction of the historic Beeson Hall renovation, Georgia College & State University, Milledgeville, Baldwin County. From State General Funds, $778,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $778,960 $778,960 $778,960 University System of Georgia, Board of Regents 355.205 BOND: Savannah State University: $16,000,000 in principal for 20 years at 6.5%: Fund construction of the new science and technology facility, Savannah State University, Savannah, Chatham County. [Taxable Bond] From State General Funds, $1,452,800 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 $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. State General Funds $1,452,800 $1,452,800 $1,452,800 University System of Georgia, Board of Regents 355.206 BOND: University of Georgia: $43,135,000 in principal for 20 years at 6.5%: Fund design and construction of the Business Learning Community - Phase II, University of Georgia, Athens, Clarke County. [Taxable Bond] From State General Funds, $3,916,658 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, 1848 JOURNAL OF THE SENATE equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $43,135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $3,916,658 $3,916,658 $3,916,658 University System of Georgia, Board of Regents 355.207 BOND: University of Georgia: $17,000,000 in principal for 20 years at 6.5%: Fund design, construction, and equipment for the Center for Molecular Medicine, University of Georgia, Athens, Clarke County. [Taxable Bond] From State General Funds, $1,543,600 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 $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,543,600 $1,543,600 $1,543,600 University System of Georgia, Board of Regents 355.208 BOND: Clayton State University: $1,400,000 in principal for 5 years at 5.07%: Fund design of academic core renovations, Clayton State University, Morrow, Clayton County. From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $323,960 $323,960 $323,960 University System of Georgia, Board of Regents 355.209 BOND: Georgia Perimeter College: $500,000 in principal for 5 years at 5.07%: Fund design of facility expansion for instructional labs and student learning, Georgia Perimeter College, Alpharetta, Fulton County. From State General Funds, $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance FRIDAY, MARCH 20, 2015 1849 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. State General Funds $115,700 $115,700 $115,700 University System of Georgia, Board of Regents 355.210 BOND: University of West Georgia: $1,900,000 in principal for 5 years at 5.07%: Fund design of the renovation and expansion of the Biology Building, University of West Georgia, Carrollton, Carroll County. From State General Funds, $439,660 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $439,660 $439,660 $439,660 University System of Georgia, Board of Regents 355.211 BOND: Middle Georgia State College: $1,500,000 in principal for 20 years at 5.77%: Fund construction of a truck driving pad at the Military Academic and Training Center, Middle Georgia State College, Warner Robins, Houston County. From State General Funds, $128,400 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 University System of Georgia, Board of Regents 355.212 BOND: Georgia Southern University: $33,600,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for the new Interdisciplinary Academic Building, Georgia Southern University, Statesboro, Bulloch County. From State General Funds, $2,876,160 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance 1850 JOURNAL OF THE SENATE of not more than $33,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,876,160 $2,876,160 $2,876,160 University System of Georgia, Board of Regents 355.213 BOND: Regents: $4,000,000 in principal for 5 years at 5.07%: Purchase equipment for the Georgia Film Academy, multiple locations. [Taxable Bond] From State General Funds, $925,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $925,600 $925,600 $925,600 University System of Georgia, Board of Regents 355.214 BOND: Georgia Public Library System: $1,500,000 in principal for 20 years at 5.77%: Fund construction of the new Villa Rica Public Library, Georgia Public Library System, Villa Rica, Carroll County. From State General Funds, $128,400 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 University System of Georgia, Board of Regents 355.215 BOND: Georgia Public Telecommunications Commission: $350,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment, Georgia Public Telecommunications Commission, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $80,990 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months. State General Funds $80,990 $80,990 $80,990 FRIDAY, MARCH 20, 2015 1851 University System of Georgia, Board of Regents 355.216 BOND: Georgia Public Telecommunications Commission: $270,000 in principal for 5 years at 5.07%: Fund replacement of transmitter site monitoring and remote control system, Georgia Public Telecommunications Commission, multiple locations. [Taxable Bond] From State General Funds, $62,478 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $62,478 $62,478 $62,478 University System of Georgia, Board of Regents 355.217 BOND: Georgia Research Alliance: $11,500,000 in principal for 5 years at 5.07%: Purchase equipment and fund GRA R&D infrastructure, Georgia Research Alliance, multiple locations. [Taxable Bond] From State General Funds, $2,661,100 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 $11,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,661,100 $2,661,100 $2,661,100 University System of Georgia, Board of Regents 355.218 BOND: Roosevelt Warm Springs Institute: $17,550,000 in principal for 20 years at 6.5%: Fund GRU/GRHealth related facility improvements, Roosevelt Warm Springs Institute, Warm Springs, Meriwether County. [Taxable Bond] From State General Funds, $1,593,540 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,897,720 $1,897,720 $1,593,540 1852 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.219 BOND: Georgia Gwinnett College: $11,500,000 in principal for 20 years at 5.77%: Fund construction of Academic Building, Georgia Gwinnett College, Lawrenceville, Gwinnett County. From State General Funds, $984,400 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 $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. State General Funds $492,200 $984,400 University System of Georgia, Board of Regents 355.220 BOND: Armstrong Atlantic State University: $1,800,000 in principal for 5 years at 5.07%: Fund planning and design of Health Profession Academic Center, Armstrong State University, Savannah, Chatham County. From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $208,260 $416,520 University System of Georgia, Board of Regents 355.221 BOND: Atlanta Metropolitan State College: $700,000 in principal for 5 years at 5.07%: Fund planning and design of Student Services and Success Center, Atlanta Metropolitan State College, Atlanta, Fulton County. From State General Funds, $161,980 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $161,980 $161,980 FRIDAY, MARCH 20, 2015 1853 University System of Georgia, Board of Regents 355.222 BOND: University of North Georgia: $3,500,000 in principal for 5 years at 5.07%: Fund planning and design of Convocation Center - Dahlonega, University of North Georgia, Dahlonega, Lumpkin County. From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $404,950 $809,900 University System of Georgia, Board of Regents 355.223 BOND: University of Georgia: $5,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment of Animal and Dairy Science Building restoration - Tifton Campus, University of Georgia, Tifton, Tift County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $214,000 $428,000 University System of Georgia, Board of Regents 355.224 BOND: Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.77%: Fund modernization and expansion of Holland Plant Chilled Water System, Georgia Institute of Technology, Atlanta, Fulton County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $353,956 $428,000 1854 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.225 BOND: Georgia State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for the Classroom South Addition Phase II, Georgia State University, Atlanta, Fulton County. From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $419,440 $419,440 University System of Georgia, Board of Regents 355.226 BOND: Albany State University: $19,800,000 in principal for 20 years at 5.77%: Fund construction for the Fine Arts Center, Albany State University, Albany, Dougherty County. From State General Funds, $1,694,880 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 $19,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,694,880 $1,694,880 University System of Georgia, Board of Regents 355.227 BOND: Kennesaw State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for English Building Renovation and Addition, Kennesaw State University, Kennesaw, Cobb County. From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $419,440 $419,440 FRIDAY, MARCH 20, 2015 1855 University System of Georgia, Board of Regents 355.228 BOND: Dalton State College: $4,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Sequoya Hall Renovation, Dalton State College, Dalton, Whitfield County. (S:Fund construction of Pope Center, Dalton State College, Dalton, Whitfield County) 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. State General Funds $256,800 $342,400 University System of Georgia, Board of Regents 355.229 BOND: East Georgia College: $4,500,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Academic Building Expansion and Renovation, East Georgia State College, Swainsboro, Emanuel County. From State General Funds, $385,200 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $192,600 $385,200 University System of Georgia, Board of Regents 355.230 BOND: Darton College: $1,700,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Student Services Center Renovation Phase II, Darton State College, Albany, Dougherty County. From State General Funds, $145,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $145,520 $145,520 1856 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.231 BOND: Georgia Military College: $1,305,000 in principal for 20 years at 5.77%: Fund design, construction and equipment for the Military Science Academic Building, Georgia Military College, Milledgeville, Baldwin County. From State General Funds, $111,708 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $111,708 $111,708 University System of Georgia, Board of Regents 355.232 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the East Marietta Branch Library, Marietta, Cobb County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $85,600 $171,200 University System of Georgia, Board of Regents 355.233 BOND: Georgia Public Library System: $1,750,000 in principal for 20 years at 5.77%: Fund construction of the Bogart Public Library, Bogart, Oconee County. From State General Funds, $149,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $74,900 $149,800 University System of Georgia, Board of Regents 355.234 BOND: Georgia Public Library System: $2,000,000 in principal for 5 years at 5.07%: Fund maintenance, repair and renovation needs for Georgia Public Library System statewide. FRIDAY, MARCH 20, 2015 1857 From State General Funds, $462,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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. State General Funds $231,400 $462,800 University System of Georgia, Board of Regents 355.235 BOND: Middle Georgia State College: $5,000,000 in principal for 20 years at 5.77%: Fund construction of the Nursing/Health Sciences Building, Middle State Georgia College, Warner Robins, Houston County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $428,000 University System of Georgia, Board of Regents 355.236 BOND: Georgia Regents University: $1,500,000 in principal for 20 years at 5.77%: Fund replacement/upgrade Electrical Central Energy, Georgia Regents University, Augusta, Richmond County. From State General Funds, $128,400 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 University System of Georgia, Board of Regents 355.237 BOND: Abraham Baldwin Agricultural College: $2,500,000 in principal for 20 years at 5.77%: Fund renovation of King Hall, Abraham Baldwin Agricultural College, Tifton, Tift County. 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, 1858 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 $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. State General Funds $214,000 University System of Georgia, Board of Regents 355.238 BOND: Athens and Tifton Veterinary Diagnostic Laboratories: $1,500,000 in principal for 5 years at 5.07%: Fund new and replacement laboratory equipment for the Georgia Veterinary Diagnostic Labs, statewide. From State General Funds, $347,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $347,100 University System of Georgia, Board of Regents 355.239 BOND: Valdosta State University: $3,500,000 in principal for 20 years at 5.77%: Fund renovation of Pound Hall, Valdosta State University, Valdosta, Lowndes County. From State General Funds, $299,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $299,600 University System of Georgia, Board of Regents 355.240 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.77%: Fund library renovation/expansion, College of Coastal Georgia, Brunswick, Glynn County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, FRIDAY, MARCH 20, 2015 1859 equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 University System of Georgia, Board of Regents 355.241 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation of the Troup Harris Regional Public Library, LaGrange, Troup County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 University System of Georgia, Board of Regents 355.242 BOND: Georgia Public Library System: $565,000 in principal for 20 years at 5.77%: Fund construction and expansion of the Three Rivers Regional Library, Folkston, Charlton County. From State General Funds, $48,364 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $48,364 University System of Georgia, Board of Regents 355.243 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the Greater Clarks Hill Regional Library System, Harlem, Columbia County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 1860 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.244 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation and expansion of Sharon Forks Library, Cumming, Forsyth County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 Technical College System of Georgia 355.251 BOND: Middle Georgia Technical College: $3,080,000 in principal for 5 years at 5.07%: Purchase equipment for the new Health Services Center, Middle Georgia Technical College, Warner Robins, Houston County. [Taxable Bond] From State General Funds, $712,712 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 $3,080,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $712,712 $712,712 $712,712 Technical College System of Georgia 355.252 BOND: Southeastern Technical College: $790,000 in principal for 5 years at 5.07%: Purchase equipment for the renovation of Building 2, Southeastern Technical College, Swainsboro, Emanuel County. [Taxable Bond] From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $182,806 $182,806 $182,806 FRIDAY, MARCH 20, 2015 1861 Technical College System of Georgia 355.253 BOND: Southwest Georgia Technical College: $155,000 in principal for 5 years at 5.07%: Purchase equipment for the nursing expansion of Building C, Southwest Georgia Technical College, Thomasville, Thomas County. [Taxable Bond] From State General Funds, $35,867 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 $155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $35,867 $35,867 $35,867 Technical College System of Georgia 355.254 BOND: Okefenokee Technical College: $500,000 in principal for 5 years at 5.07%: Purchase equipment for the welding and computer information systems facility expansion, Okefenokee Technical College, Waycross, Ware County. [Taxable Bond] 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 sixty months. State General Funds $115,700 $115,700 $115,700 Technical College System of Georgia 355.255 BOND: Technical College Multi-Projects: $2,855,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide. [Taxable Bond] From State General Funds, $259,234 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 $2,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $259,234 $259,234 $259,234 1862 JOURNAL OF THE SENATE Technical College System of Georgia 355.256 BOND: Technical College Multi-Projects: $12,500,000 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations, multiple locations. [Taxable Bond] From State General Funds, $2,892,500 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,892,500 $2,892,500 $2,892,500 Technical College System of Georgia 355.257 BOND: Technical College Multi-Projects: $2,500,000 in principal for 5 years at 5.07%: Fund equipment for the QuickStart program statewide. [Taxable Bond] 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 sixty months. State General Funds $578,500 $578,500 $578,500 Technical College System of Georgia 355.258 BOND: Altamaha Technical College: $1,100,000 in principal for 5 years at 5.07%: Fund planning and design for Camden County Campus, Altamaha Technical College, Camden County. From State General Funds, $254,540 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $127,270 $254,540 FRIDAY, MARCH 20, 2015 1863 Technical College System of Georgia 355.259 BOND: South Georgia Technical College: $1,655,000 in principal for 20 years at 5.77%: Fund roof replacement, South Georgia Technical College, Americus, Sumter County. From State General Funds, $141,668 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 $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $141,668 $141,668 Technical College System of Georgia 355.260 BOND: Ogeechee Technical College: $650,000 in principal for 5 years at 5.07%: Fund planning and design for Plant Operations Building, Ogeechee Technical College, Statesboro, Bulloch County. (S:Fund planning and design for Plant Operations and Logistics Center, Ogeechee Technical College, Statesboro, Bulloch County) From State General Funds, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $69,420 $150,410 Technical College System of Georgia 355.261 BOND: Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.77%: Fund construction of College and Career Academies, statewide. 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. State General Funds $856,000 1864 JOURNAL OF THE SENATE Technical College System of Georgia 355.262 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College and Career Academies, Hart County. From State General Funds, $42,800 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 $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. State General Funds $42,800 Technical College System of Georgia 355.263 BOND: Georgia Northwestern Technical College: $2,000,000 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations, Georgia Northwestern Technical College, Dalton, Whitfield County. From State General Funds, $462,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $462,800 Technical College System of Georgia 355.264 BOND: North Georgia Technical College: $1,180,000 in principal for 5 years at 5.07%: Fund planning and design for the expansion of the Clarkesville campus to support manufacturing, North Georgia Technical College, Clarkesville, Habersham County. From State General Funds, $273,052 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 $1,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $273,052 FRIDAY, MARCH 20, 2015 1865 Technical College System of Georgia 355.265 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College and Career Academies, Spalding County. From State General Funds, $42,800 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 $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. State General Funds $42,800 Behavioral Health and Developmental Disabilities, Department of 355.301 BOND: Central State Hospital: $3,200,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for a new treatment mall facility at the Cook Building, Milledgeville, Baldwin County. From State General Funds, $273,920 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $273,920 $273,920 $273,920 Behavioral Health and Developmental Disabilities, Department of 355.302 BOND: DBHDD Multi-projects: $1,910,000 in principal for 20 years at 5.77%: Fund emergency generator upgrades and improvements, multiple locations. From State General Funds, $163,496 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $163,496 $163,496 $163,496 1866 JOURNAL OF THE SENATE Behavioral Health and Developmental Disabilities, Department of 355.303 BOND: DBHDD Multi-projects: $2,350,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $201,160 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 $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. State General Funds $201,160 $201,160 $201,160 Human Services, Department of 355.321 BOND: Human Service Multi-Projects: $28,550,000 in principal for 20 years at 5.77%: Fund construction of the new Human Services Building, Lawrenceville, Gwinnett County. From State General Funds, $2,443,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,443,880 $2,443,880 $2,443,880 Georgia Vocational Rehabilitation Agency 355.331 BOND: Roosevelt Warm Springs Institute: $1,500,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations, Warm Springs, Meriwether County, match federal funds. [Taxable Bond] From State General Funds, $136,200 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $136,200 $136,200 $136,200 FRIDAY, MARCH 20, 2015 1867 Public Health, Department of 355.341 BOND: Public Health Multi-Projects: $9,300,000 in principal for 5 years at 5.07%: Fund implementation of a new Clinical Billing Information Technology System, Atlanta, Fulton County. From State General Funds, $2,152,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,152,020 $2,152,020 $2,152,020 Public Health, Department of 355.342 BOND: Public Health Multi-Projects: $400,000 in principal for 20 years at 5.77%: Fund replacement of second chiller at the Decatur Lab, Decatur, DeKalb County. From State General Funds, $34,240 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $34,240 $34,240 $34,240 Public Health, Department of 355.343 BOND: Public Health Multi-Projects: $300,000 in principal for 20 years at 5.77%: Fund replacement of walk-in coolers at the Decatur Lab, Decatur, DeKalb County. From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $25,680 $25,680 $25,680 1868 JOURNAL OF THE SENATE Veterans Service, Department of 355.351 BOND: Georgia War Veterans Nursing Homes, Various: $3,350,000 in principal for 20 years at 5.77%: Fund renovations to the Georgia War Veterans Nursing Home, Milledgeville, Baldwin County. From State General Funds, $286,760 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 $3,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $286,760 Corrections, Department of 355.361 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5.07%: Fund emergency repairs, sustainment, and equipment, 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, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $809,900 $809,900 $809,900 Corrections, Department of 355.362 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5.07%: Fund implementation of cell phone interdiction measures, multiple locations. 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 sixty months. State General Funds $347,100 $347,100 $347,100 FRIDAY, MARCH 20, 2015 1869 Corrections, Department of 355.363 BOND: GDC multi-projects: $6,800,000 in principal for 20 years at 5.77%: Fund facility hardening, multiple locations. From State General Funds, $582,080 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 $6,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $582,080 $582,080 $582,080 Corrections, Department of 355.364 BOND: GDC multi-projects: $5,510,000 in principal for 5 years at 5.07%: Fund locking controls and perimeter detection improvements, statewide. From State General Funds, $1,275,014 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $1,275,014 $1,275,014 $1,275,014 Corrections, Department of 355.365 BOND: GDC multi-projects: $10,485,000 in principal for 20 years at 5.77%: Fund major repairs, renovations and improvements, statewide. From State General Funds, $897,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $897,516 $897,516 $897,516 Corrections, Department of 355.366 BOND: GDC multi-projects: $2,560,000 in principal for 5 years at 5.07%: Purchase 112 replacement vehicles statewide. From State General Funds, $592,384 is specifically appropriated for the purpose of financing projects and 1870 JOURNAL OF THE SENATE facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $592,384 $592,384 $592,384 Defense, Department of 355.371 BOND: National Guard Armories: $500,000 in principal for 5 years at 5.07%: Fund facility sustainment and repairs, statewide, 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 sixty months. State General Funds $115,700 $115,700 $115,700 Defense, Department of 355.372 BOND: National Guard Armories: $460,000 in principal for 20 years at 5.77%: Fund site improvements at armories, multiple locations, match federal funds. From State General Funds, $39,376 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 $460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $39,376 $39,376 $39,376 Defense, Department of 355.373 BOND: Defense Multi-projects: $6,000,000 in principal for 20 years at 5.77%: Fund facility renovation and equipment for a Georgia National Guard Youth Challenge Academy, Milledgeville, Baldwin County. From State General Funds, $513,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, FRIDAY, MARCH 20, 2015 1871 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $513,600 $513,600 $513,600 Driver Services, Department of 355.381 BOND: Department of Driver Services - Equipment: $195,000 in principal for 5 years at 5.07%: Fund replacement of 10 vehicles statewide. From State General Funds, $45,123 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $45,123 $45,123 $45,123 Driver Services, Department of 355.382 BOND: Department of Driver Services - Multi-Projects: $2,300,000 in principal for 20 years at 6.5%: Purchase facility, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $208,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $196,880 $208,840 $208,840 Investigation, Georgia Bureau of 355.391 BOND: GBI Headquarters and Morgue: $6,680,000 in principal for 20 years at 5.77%: Fund design and construction of the expansion of GBI Headquarter's morgue facility, Decatur, DeKalb County. From State General Funds, $571,808 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 1872 JOURNAL OF THE SENATE than $6,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $571,808 $571,808 $571,808 Investigation, Georgia Bureau of 355.392 BOND: Savannah Branch Crime Lab: $1,100,000 in principal for 5 years at 5.07%: Fund design of the new Savannah Crime Lab, Savannah, Chatham County. From State General Funds, $254,540 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $254,540 $254,540 $254,540 Investigation, Georgia Bureau of 355.393 BOND: GBI Multi-Projects: $360,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations, multiple locations. From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $30,816 $30,816 $30,816 Investigation, Georgia Bureau of 355.394 BOND: GBI Multi-Projects: $1,270,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $293,878 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $293,878 $293,878 $293,878 FRIDAY, MARCH 20, 2015 1873 Investigation, Georgia Bureau of 355.395 BOND: GBI Multi-Projects: $1,600,000 in principal for 5 years at 5.07%: Fund the replacement of 25 investigative vehicles statewide. From State General Funds, $370,240 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $370,240 $370,240 $370,240 Investigation, Georgia Bureau of 355.396 BOND: GBI Multi-Projects: $50,000 in principal for 5 years at 5.07%: Purchase 2 vehicles for Child Fatality Review Group, Decatur, DeKalb County. From State General Funds, $11,570 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 $50,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $11,570 $11,570 $11,570 Juvenile Justice, Department of 355.401 BOND: DJJ Multi-Projects: $2,930,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $678,002 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 $2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $678,002 $678,002 $678,002 Juvenile Justice, Department of 355.402 BOND: DJJ Multi-Projects: $2,060,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $176,336 is specifically appropriated for the purpose of financing projects and 1874 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 $2,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $176,336 $176,336 $176,336 Juvenile Justice, Department of 355.403 BOND: DJJ Multi-Projects: $6,145,000 in principal for 20 years at 5.77%: Fund security upgrades and enhancements statewide. From State General Funds, $526,012 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $526,012 $526,012 $526,012 Juvenile Justice, Department of 355.404 BOND: Regional Youth Detention Center: $500,000 in principal for 5 years at 5.07%: Fund equipment for the renovation and improvements of former GDC facility to construct RYDC, Dawson, Terrell County. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 Juvenile Justice, Department of 355.405 BOND: Regional Youth Detention Center: $0 in principal for 20 years at 5.77%: Fund construction of renovation and improvements to former GDC facility to construct 56-bed RYDC, Cadwell, Laurens County. State General Funds $1,335,360 $0 $0 FRIDAY, MARCH 20, 2015 1875 Juvenile Justice, Department of 355.406 BOND: Regional Youth Detention Center: $1,500,000 in principal for 20 years at 5.77%: Fund new laundry facilities at DeKalb County RYDC and Martha Glaze (Clayton County) RYDC. From State General Funds, $128,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 Pardons and Paroles, State Board of 355.411 BOND: State Board of Pardons and Paroles Multi-Projects: $765,000 in principal for 5 years at 5.07%: Fund replacement of 34 vehicles statewide. From State General Funds, $177,021 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 $765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $177,021 $177,021 $177,021 Public Safety, Department of 355.421 BOND: Patrol Posts Various: $7,815,000 in principal for 5 years at 5.07%: Purchase 187 fully equipped law enforcement pursuit vehicles statewide. From State General Funds, $1,808,391 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 $7,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $1,808,391 $1,808,391 $1,808,391 1876 JOURNAL OF THE SENATE Public Safety, Department of 355.422 BOND: Patrol Posts Various: $455,000 in principal for 5 years at 5.07%: Purchase 10 fully equipped law enforcement pursuit vehicles, Motor Carrier Compliance Division, statewide. From State General Funds, $105,287 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 $455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $105,287 $105,287 $105,287 Public Safety, Department of 355.423 BOND: Patrol Posts Various: $2,320,000 in principal for 5 years at 5.07%: Purchase communications equipment for vehicles statewide. From State General Funds, $536,848 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 $2,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $536,848 $536,848 $536,848 Public Safety, Department of 355.424 BOND: Patrol Posts Various: $375,000 in principal for 5 years at 5.07%: Fund facility sustainment and repair statewide. From State General Funds, $86,775 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 $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $86,775 $86,775 $86,775 Public Safety, Department of 355.425 BOND: Patrol Posts Various: $370,000 in principal for 5 years at 5.07%: Purchase portable scales, Motor Carrier Compliance Division, statewide. FRIDAY, MARCH 20, 2015 1877 From State General Funds, $85,618 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 $370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $85,618 $85,618 $85,618 Public Safety, Department of 355.426 BOND: Patrol Posts Various: $190,000 in principal for 5 years at 5.07%: Fund replacement and upgrade of Capitol Hill facility security equipment, Atlanta, Fulton County. From State General Funds, $43,966 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 $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $43,966 $43,966 $43,966 Public Safety, Department of 355.427 BOND: Public Safety Training Center: $1,940,000 in principal for 20 years at 5.77%: Fund facility repairs, renovations, and construction, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $166,064 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 $1,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $166,064 $166,064 $166,064 Public Safety, Department of 355.428 BOND: Public Safety Training Center: $190,000 in principal for 5 years at 5.07%: Fund instructional equipment upgrades, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities 1878 JOURNAL OF THE SENATE 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 $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $43,966 $43,966 $43,966 Public Safety, Department of 355.429 BOND: Public Safety Training Center: $245,000 in principal for 5 years at 5.07%: Fund replacement of vehicle maintenance equipment, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $56,693 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $56,693 $56,693 $56,693 Accounting Office, State 355.451 BOND: SAO Multi-projects: $2,500,000 in principal for 5 years at 5.07%: Fund upgrade of TeamWorks Human Capital Management system, Atlanta, Fulton County. From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $578,500 $578,500 $578,500 Banking and Finance, Department of 355.461 BOND: Department of Banking and Finance - Multi-Projects: $400,000 in principal for 5 years at 5.07%: Purchase 22 replacement vehicles. From State General Funds, $92,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Banking and Finance by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, FRIDAY, MARCH 20, 2015 1879 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 sixty months. State General Funds $92,560 $92,560 $92,560 Planning and Budget, Governor's Office of 355.471 BOND: Office of Planning and Budgeting - Multi-Projects: $2,000,000 in principal for 5 years at 5.07%: Fund modernization of budget systems, Atlanta, Fulton County. From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Governor's Office of Planning and Budget by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. State General Funds $462,800 $462,800 $462,800 Building Authority, Georgia 355.491 BOND: Archives Building: $0 in principal for 20 years at 5.77%: Fund demolition of Archives building for site of new Judicial Center, Atlanta, Fulton County. (S:Utilize redirected bonds) State General Funds $556,400 $556,400 $0 Building Authority, Georgia 355.492 BOND: GBA multi-projects: $0 in principal for 20 years at 5.77%: Fund facility improvements and renovations statewide. (S:Utilize redirected bonds) State General Funds $428,000 $428,000 $0 Building Authority, Georgia 355.493 BOND: GBA multi-projects: $1,425,000 in principal for 5 years at 5.07%: Fund completion of the Capitol Hill access control system, Atlanta, Fulton County. From State General Funds, $329,745 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, 1880 JOURNAL OF THE SENATE both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $329,745 $329,745 $329,745 Labor, Department of 355.511 BOND: Department of Labor - Central Office: $475,000 in principal for 20 years at 5.77%: Fund condition assessment and repairs of central office complex and parking deck, Atlanta, Fulton County. From State General Funds, $40,660 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $475,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $40,660 $40,660 $40,660 Labor, Department of 355.512 BOND: DOL Sites: $775,000 in principal for 20 years at 5.77%: Fund facility repairs and improvements, multiple locations. From State General Funds, $66,340 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $66,340 $66,340 $66,340 Agriculture, Department of 355.561 BOND: State Farmers' Markets: $9,000,000 in principal for 20 years at 6.5%: Fund design and construction of wholesale cooler warehouse, Forest Park, Clayton County. [Taxable Bond] From State General Funds, $817,200 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, FRIDAY, MARCH 20, 2015 1881 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $817,200 $817,200 $817,200 Agriculture, Department of 355.562 BOND: Agriculture - Multi-Projects: $500,000 in principal for 5 years at 5.07%: Purchase 17 vehicles and two mobile test labs statewide. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 Community Affairs, Department of 355.581 BOND: Reservoirs: $2,810,000 in principal for 20 years at 6.5%: Fund reservoirs, multiple locations. [Taxable Bond] From State General Funds, $255,148 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 $2,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $636,508 $255,148 $255,148 Environmental Finance Authority, Georgia 355.601 BOND: Local Government Infrastructure: $10,000,000 in principal for 20 years at 5.77%: Fund State Funded Water and Sewer Construction Loan Program, statewide. From State General Funds, $856,000 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 $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. State General Funds $856,000 $856,000 $856,000 1882 JOURNAL OF THE SENATE Environmental Finance Authority, Georgia 355.602 BOND: Local Government Infrastructure: $10,000,000 in principal for 20 years at 5.77%: Fund Federal State Revolving Fund Match, Clean and Drinking Water Programs, statewide, match federal funds. From State General Funds, $856,000 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 $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. State General Funds $856,000 $856,000 $856,000 Economic Development, Department of 355.611 BOND: Georgia World Congress Center: $2,000,000 in principal for 20 years at 6.5%: Fund design and construction of Centennial Plaza, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $181,600 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $181,600 $181,600 $181,600 Economic Development, Department of 355.612 BOND: Georgia World Congress Center: $23,000,000 in principal for 20 years at 6.5%: Fund construction of structured parking facilities, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $2,088,400 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,088,400 $2,088,400 $2,088,400 Forestry Commission, State 355.621 BOND: Forestry Equipment: $4,000,000 in principal for 10 years at 5.52%: Fund replacement of firefighting equipment statewide. From State General Funds, $531,200 is specifically appropriated for the purpose of financing projects and FRIDAY, MARCH 20, 2015 1883 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 $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. State General Funds $531,200 $531,200 $531,200 Forestry Commission, State 355.622 BOND: Forestry Buildings: $160,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $13,696 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 $160,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $39,376 $13,696 $13,696 Forestry Commission, State 355.623 BOND: Forestry Buildings: $300,000 in principal for 20 years at 5.77%: Fund construction and equipment for North Bryan Forestry Unit, Pembroke, Bryan County. From State General Funds, $25,680 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 $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. State General Funds $25,680 $25,680 Natural Resources, Department of 355.631 BOND: DNR multi-projects: $950,000 in principal for 5 years at 5.07%: Fund replacement of 31 vehicles with equipment for law enforcement use statewide. From State General Funds, $219,830 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 1884 JOURNAL OF THE SENATE facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $219,830 $219,830 $219,830 Natural Resources, Department of 355.632 BOND: DNR multi-projects: $19,630,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide. [Taxable Bond] From State General Funds, $1,782,404 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 $19,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,755,164 $1,755,164 $1,782,404 Natural Resources, Department of 355.633 BOND: DNR multi-projects: $5,750,000 in principal for 20 years at 6.5%: Fund miscellaneous new construction, statewide, match federal funds. [Taxable Bond] From State General Funds, $522,100 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 $5,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $410,416 $410,416 $522,100 Natural Resources, Department of 355.634 BOND: DNR Land Acquisition: $4,500,000 in principal for 20 years at 6.5%: Fund land acquisition for Wildlife Management Areas and Parks, multiple locations, match federal and private funds. [Taxable Bond] From State General Funds, $408,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more FRIDAY, MARCH 20, 2015 1885 than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $408,600 $408,600 $408,600 Natural Resources, Department of 355.635 BOND: DNR multi-projects: $5,000,000 in principal for 5 years at 5.07%: Purchase 1 new helicopter. From State General Funds, $1,157,000 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 sixty months. State General Funds $1,157,000 $1,157,000 $1,157,000 Natural Resources, Department of 355.636 BOND: DNR multi-projects: $3,000,000 in principal for 20 years at 5.77%: Fund rehabilitation of flood control structure, Hamilton, Harris County. From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $256,800 $256,800 $256,800 Jekyll Island State Park Authority 355.641 BOND: Jekyll Island: $5,000,000 in principal for 20 years at 6.5%: Fund construction and equipment for the Youth and Learning Center, Jekyll Island, Glynn County. [Taxable Bond] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $454,000 $454,000 $454,000 1886 JOURNAL OF THE SENATE Transportation, Department of 355.661 BOND: Various DOT: $4,665,000 in principal for 20 years at 5.77%: Fund dike improvements along the Savannah River, Savannah, Chatham County, and on Georgia owned land in Jasper County, SC, match federal funds. From State General Funds, $399,324 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $399,324 $399,324 $399,324 Transportation, Department of 355.662 BOND: Various DOT: $3,500,000 in principal for 5 years at 5.07%: Fund construction of seawall on Hutchinson Island, Savannah, Chatham County. [Taxable Bond] From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $809,900 $809,900 Transportation, Department of 355.663 BOND: Rail Lines: $1,800,000 in principal for 20 years at 6.5%: Fund rehabilitation of Georgia Southwestern state-owned rail, Calhoun County, Decatur County, Early County, Miller County, Randolph County. [Taxable Bond] From State General Funds, $163,440 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $163,440 $163,440 FRIDAY, MARCH 20, 2015 1887 Transportation, Department of 355.664 BOND: Roads and Bridges: $100,000,000 in principal for 20 years at 5.77%: Fund repair, replacement and renovation of bridges statewide. From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $8,560,000 $8,560,000 Transportation, Department of 355.665 BOND: Various DOT: $100,000,000 in principal for 20 years at 5.77%: Fund transit needs statewide. From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $8,560,000 $8,560,000 Transportation, Department of 355.666 BOND: Rail Lines: $8,905,000 in principal for 20 years at 6.5%: Fund rehabilitation of rail lines and rehabilitation of bridges over Ocmulgee and Oconee Rivers ($1,905,000), rehabilitate lines from Cordele, Crisp County to Vidalia, Toombs County ($4,000,000), rehabilitate lines from Nunez, Emanuel County to Vidalia, Toombs County ($2,000,000), and rail siding and maintenance from Chattooga County to Walker County ($1,000,000). [Taxable Bond] From State General Funds, $808,574 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 $8,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $808,574 1888 JOURNAL OF THE SENATE Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 155, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows: [Bond # 25] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. as 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, 134, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows: [Bond # 23] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond #23] From State General Funds, $130,800 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, 162, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows: FRIDAY, MARCH 20, 2015 1889 [Bond # 96] From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. as 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, 142, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows: [Bond #91]From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby repealed in its entirety. 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, 162, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows: [Bond # 97] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. as 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, 142, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows: 1890 JOURNAL OF THE SENATE [Bond # 92] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby repealed in its entirety. 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), and 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. as carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 121, Act No. 11, 2013 Regular Session, H.B. 105), and 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, $277,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. FRIDAY, MARCH 20, 2015 1891 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, 165-166, Act No. 775, 2012 Regular Session, H.B. 742), and which reads as follows: [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. as carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 119, Act No. 11, 2013 Regular Session, H.B. 105), and which reads as follows: [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. as revised in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2013-2014 (Ga. L. 2014, Volume One Appendix, commencing at p. 1 of 174, 173, Act No. 347, 2014 Regular Session, H.B. 743), and which reads as follows: [Bond # 24] From State General Funds, $342,400 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 $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. is hereby repealed in its entirety. 1892 JOURNAL OF THE SENATE The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231,223-224, Act No. 223, 2011 Regular Session, H.B. 78) which reads as follows: [BOND 379.511] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. and carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 210, Act No. 406, 2012 Regular Session, H.B. 741), and which amended reads as follows: [BOND 379.511] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. is hereby amended to read as follows: [BOND 379.511] From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law: FRIDAY, MARCH 20, 2015 1893 1.) Additional funds for personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Corrections, Department of Driver Services, Georgia Bureau of Investigation, and Department of Public Health. The amount for this Item is calculated according to an effective date of July 1, 2015. 3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2015. 4.) In lieu of other numbered items, additional fund for personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2015. 6.) In lieu of other numbered items, additional funds for personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2015. 7.) In lieu of other numbered items, additional funds for personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 1894 JOURNAL OF THE SENATE Section 53: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 54: Leases In accordance with the requirements of Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year under existing lease contracts between any department, agency, or institution of the State and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State Fiscal Year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, then there shall be taken from other funds appropriated to the department, agency, or institution involved an amount sufficient to satisfy such deficiency in full, and the lease payment shall constitute a first charge on all such appropriations. Section 55: Budgetary Control and Interpretation The appropriations 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 "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, 53 and 54 contain, constitute, or amend appropriations. FRIDAY, MARCH 20, 2015 1895 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," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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. 1896 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 Beach Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims E Stone Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 1. HB 76, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th moved that HB 76 be immediately transmitted to the House. On the motion, there was no objection, and HB 76 was immediately transmitted. The following communication was received by the Secretary: March 20, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 76. Had I been present, I would have voted yes. /s/ Charlie Bethel District 54 FRIDAY, MARCH 20, 2015 1897 Senator Ramsey, Sr. of the 43rd moved to suspend the Senate Rules in order to first read legislation and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 231. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A BILL to be entitled an Act to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. Senator Jackson of the 24th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The following Fiscal Note, as required by law, was read by the Secretary: 1898 JOURNAL OF THE SENATE 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 12, 2015 Honorable Jay Roberts, Chairman Transportation Committee State Capitol, Room 218 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 170 (LC 34 4437) Dear Chairman Roberts: This bill, which is known as the Transportation Funding Act of 2015, changes the motor fuels sales tax exemption, changes motor fuel excise taxes, and repeals the prepaid portion of the tax. Part II Section 2 redefines alternative fuel vehicles and creates a separate fee for said vehicles. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax. Part IV Section 4-2 (d) and sections 4-3 through 4-6 disallows any new local option sales taxes to be applied to motor fuels. Part IV Section 4-7 changes the excise rate applied to motor fuel from 7.5 cents per gallon to 29.2 cents per gallon for gasoline and 33 cents per gallon for diesel. The changes would be effective July 1, 2015. The bill has no sunset provision. Effect on State Revenues According to analysis by the Georgia State University Fiscal Research Center, the additional revenue to the State from this bill is estimated to range from a low of $703.3 million in fiscal year (FY) 2016 to a high of $1.046 billion in FY 2020. Note due to the inherent uncertainty involved in the estimation of motor fuel prices in future years, these estimates have a high degree of uncertainty. Details of the analysis by the Fiscal Research Center are included in the Appendix to this fiscal note. FRIDAY, MARCH 20, 2015 1899 Table 1 shows the total state transportation funding available as a result of House Bill LC 33 4437. This includes the state baseline motor fuel revenue as well as the new motor fuel revenue generated by House Bill LC 33 4437. Table 1. Total Transportation Funding to the State Resulting from This Bill in millions $/State Fiscal Years 2016 2017 2018 2019 2020 Low Growth $1,779.4 $1,905.7 $1,976.4 $2,049.9 $2,125.3 High Growth $1,792.9 $1,948.3 $2,035.6 $2,127.1 $2,222.3 Part 2 sections 2-1 and 2-2 changes the definition of alternative fuel vehicles and sets registration fees for said vehicles. Alternative fuel vehicles would be only those powered solely by electricity, natural gas, and propane. A registration fee of $200 would be charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the construction price beginning January 1, 2016. Data from the Georgia Department of Revenue (DOR), the Georgia Statistics System and the Energy Information Administration (EIA) was used to estimate the number of qualifying vehicles under the new definition. The construction index annual average increase was calculated from 2004-2013. As those years include the drop in costs due to the great recession, the full average is used in the low growth estimates while the average annual change, with the low year of 2009 removed, is used to estimate the high growth amount. Table 2 shows the additional estimated revenue to the State from Part 2 section 2-2 of this bill. Table 2. Additional Revenue to the State from Part 2 Section 2-2 in millions $/State Fiscal Years 2016 2017 2018 2019 Low Growth $1.8 $4.1 $5.1 $6.2 High Growth $1.9 $4.5 $6.1 $8.0 2020 $7.3 $10.2 Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. However some local sales taxes will not expire, such as the LOST and MARTA, thus adjustments are made to include these ongoing local sales taxes in the prices of motor fuel (see Appendix). Part IV Section 4-7 changes the excise tax from 7.5 cents per gallon for gas and diesel to 29.2 cents per gallon for gas and 33 cents per gallon for diesel. The new excise tax rates will change annually based on the sum of the year over year changes of two metrics, the construction cost index and fleet year over year change in miles per gallon as estimated by DOR. An additional adjustment factor is also included, which accounts for how the changed tax structure and resultant change in International Fuel Tax Association (IFTA) system credits will affect the diesel fuel purchases of long haul truckers. Table 3 shows the additional State revenue raised over the baseline forecasts due to section 4-7. 1900 JOURNAL OF THE SENATE Table 3. Additional Revenue to the State from Part IV Section 4-7 in millions $/State Fiscal Years 2016 2017 2018 2019 Low Fuel Prices $701.5 $837.8 $902.5 $969.7 High Fuel Prices $714.9 $855.5 $906.0 $958.3 2020 $1,038.8 $1,011.5 Note the amounts in Table 3 net out a shift from general fund revenue, raised by the "fourth penny" which can currently be used to fund other types of government spending, to dedicated transportation fund revenue. The amount of this shift is on average $158.6 million annually in the low fuel cost scenario and $171.6 million in the high fuel cost scenario. This increases the amount of funds available for transportation funding, resulting in additional transportation funding of $1.054 billion annually on average in the low fuel cost scenario and $1.067 billion annually on average in the high fuel cost scenario. Table 4 shows the total additional revenue to the State of this bill. Table 4. Total Additional Revenue to the State in millions $/State Fiscal Years 2016 2017 Low Fuel Prices $703.3 $841.5 High Fuel Prices $716.7 $859.1 2018 $906.3 $909.8 2019 $973.7 $962.2 2020 $1,042.9 $1,015.4 Effect on Local Government Revenue Note that local revenue impacts are not estimated in the analysis above. This bill would end local sales taxes on motor fuel as they expire. This would be expected to reduce local revenues over time as these authorized sales taxes expire. However, the bill allows local governments to impose a cents per gallon tax on motor fuel that would reduce these net impacts. Estimated impacts on these effects are in development. Detailed Analysis Details of the analysis by the Fiscal Research Center are included in the Appendix to this fiscal note. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Enclosure: Appendix Details of Analysis by Fiscal Research Center FRIDAY, MARCH 20, 2015 1901 This bill, which is known as the Transportation Funding Act of 2015, changes the motor fuels sales tax exemption, changes motor fuel excise rates, and repeals the prepaid portion of the tax. Part II Section 2 redefines alternative fuel vehicles and creates a separate fee for said vehicles. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax. Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. Part IV Section 4-7 changes the excise rate applied to motor fuel from 7.5 cents per gallon to 29.2 cents per gallon for gasoline and 33 cents per gallon for diesel. The changes would be effective July 1, 2015. The bill has no sunset provision. Baseline Estimates To estimate the State revenue effects of this bill, the estimates of future motor fuel costs from the Energy Information Association (EIA) were used as well as their assumptions on growth of fuel consumption. To estimate the revenue effects of the excise tax increases and other changes, two baseline revenue projections are estimated: a low fuel price revenue estimate and a high fuel price revenue estimate. The EIA publishes a near-term outlook for fuel prices that is released monthly as well as a long-term outlook that is released annually. The price estimates of gasoline and diesel fuel for the calendar years 2015 and 2016 are taken from the short-term outlook published in January 2015, and take into account the recent large drops in oil prices. The EIA forecasts the average price of regular gasoline in 2015 to be $2.33, rising to $2.72 in 2016. This 2016 price forecast, adjusted downward for the current 5 cents per gallon difference in the price of gas nationally and in Georgia, is used as the base year price for both the low price and the high price baseline projections. The prices of motor fuel for the years 2017-2023 are estimated based on the data in the annual long-term outlook published in 2014, before the recent drop in oil prices. This annual report makes a range of long-run forecasts of gasoline and diesel prices, including a reference forecast as well as low and high price scenarios around the reference forecast. For this estimate, due to the steep drop in oil prices after the report was published, the low price forecast is used to project the low fuel price scenario while the reference forecast is used to project the high fuel price scenario. In its low price forecast, EIA projects the price of gasoline in 2020 at $2.88 while the high price scenario (again, EIA's reference forecast) forecasts a 2020 price of $3.49. These low and high 2020 price forecasts are also adjusted down by the current 5 cents per gallon difference between Georgia and national average prices. To fill in the missing years, the annual average rate of price growth implicit in these 2016 to 2020 price forecasts is used for all years. For the low fuel price scenario, this growth rate is approximately 1.47 percent while for the high price scenario the growth rate is approximately 6.54 percent. For diesel, the same methods are used to project prices. 1902 JOURNAL OF THE SENATE The EIA long-range reference forecast also projected annual growth rate for fuel consumption from 2012 through 2020 and beyond. The average projected growth rate for gasoline consumption through 2020 was -1.23 percent per annum in the reference forecast (the high fuel price case herein) and -0.75 percent in the low fuel price case. For diesel, the 2012-2020 average consumption growth rates were projected to be 1.56 percent in the reference (high) case and 1.60 percent in the low price case. These longerrun average growth rates were applied to estimated 2013 consumption of gasoline and diesel fuel in Georgia, as reported by the Federal Highway Administration. Table A1 shows the low fuel price baseline projections, including projected prices per gallon of gasoline and diesel as well as the estimated calendar year revenue at current levels of excise taxation, 7.5 cents per gallon plus additional state revenue from the prepaid portion. Table A2 provides the same baseline forecast information under the high price scenario. Appendix Table A1. Low Price Baseline Motor Fuel Prices, Consumption, and Excise Tax Revenue in millions $/Calendar Years Calendar year 2016 2017 2018 2019 EIA estimated gas prices ($/gal) $2.67 $2.71 $2.75 $2.79 EIA estimated diesel prices ($/gal) $3.22 $3.24 $3.26 $3.29 2020 $2.83 $3.31 Estimated Gas Purchase (in millions of gallons) Estimated Diesel Purchase (in millions of gallons) 4,714 4,678 4,643 4,608 1,309 1,330 1,352 1,373 4,573 1,395 Estimated Revenue At Current Tax Structure total state gas tax $696.5 total state diesel tax $213.7 Total Baseline Motor Fuel Tax Revenue $910.1 $696.3 $217.9 $914.3 $696.3 $222.2 $918.5 $696.2 $226.7 $922.9 $696.3 $231.2 $927.4 Appendix Table A2. High Price Baseline Motor Fuel Prices, Consumption, and Excise Tax Revenue in millions $/Calendar Years Calendar year 2016 2017 2018 2019 EIA estimated gas prices $2.67 $2.84 $3.03 $3.23 EIA estimated diesel prices $3.22 $3.43 $3.65 $3.88 Estimated Gas Purchase (in millions of gallons) Estimated Diesel Purchase (in millions of gallons) 4,714 4,656 4,598 4,542 1,309 1,330 1,351 1,372 2020 $3.44 $4.13 4,486 1,393 FRIDAY, MARCH 20, 2015 1903 Estimated Revenue At Current Tax Structure total state gas tax $696.5 total state diesel tax $213.7 Total Baseline Excise Motor Fuel Tax $910.1 Revenue $710.7 $224.7 $935.4 $725.9 $236.6 $962.5 $742.2 $249.2 $991.5 $759.7 $262.9 $1,022.5 Part II Part II sections 2-1 and 2-2 change the definition of alternative fuel vehicles and set registration fees for said vehicles. Alternative fuel vehicles would be only those powered solely by electricity, natural gas, and propane. A registration fee of $200 would be charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the construction price index, beginning January 1, 2016. (Note that the actual wording of the bill is somewhat unclear in that it mentions only the Construction Price Index published by the United States Census Bureau. This is an index that measures the costs of housing construction, it is not the same as the Federal Highway Construction index that measures changes in the prices of highway construction. Also in this section there is no baseline year given. Thus it is assumed that calendar year 2015 is the baseline). Data from the Georgia Department of Revenue (DOR) vehicles registered in Georgia solely powered by electricity, natural gas, or propane was used to estimate the number of vehicles subject to the alternative fuel vehicle fee as well as the growth rate. As of 2014, DOR had 16,304 cars and light duty trucks registered in Georgia that were powered solely by electricity, natural gas or propane. Note the growth rate for zero emission vehicles is quite high, estimated to be 45 percent in 2015 in the high growth scenario and falling to 20 percent by 2020. These high growth rates are assumed to be partially due to the state zero emission vehicle tax credit and these estimates reflect it remaining in place. Growth rates for natural gas and propane vehicles are estimated to be lower, six percent, in the high growth scenario. Some additional adjustments were needed to determine commercial trucks and buses. Thus EIA data was used that has detailed counts of these vehicles nationally for 2012. Georgia data for the number of registered cars and trucks comes from the Georgia statistics system. Data from the EIA was used to estimate the share of commercial trucks. EIA and DOR only list light duty trucks, but other trucks and buses would also be subject to the commercial alternative fuel vehicle fee. Data on the number of buses registered in Georgia is available from the Georgia statistics system. The natural gas association estimates that 20 percent of all new buses in transit services run on compressed natural gas (CNG). Very few other types of buses run on CNG. MARTA has about 500 buses, which represents about 10 percent of the buses in Fulton County. It is assumed that of all registered buses in the state, 10 percent are transit buses and 20 percent of those run on CNG. This generates an estimate of roughly 820 CNG buses in the state. Data on the number of alternative fuel trucks that are not considered light duty was not readily available. Thus it is assumed that there is the same number of these type trucks as buses. 1904 JOURNAL OF THE SENATE The housing construction index annual average increase was calculated from 2004-2013. As those years include the drop in costs due to the great recession, the full average is used in the low growth estimates while the average change with the low year of 2009 removed is used to estimate the high growth range. Part III Section 3-1 This section would seem to limit the Governor's ability to freeze the prepaid portion of the motor fuel tax. However, in section 4-8 of the bill, the whole prepaid code section OCGA 48-9-14 is repealed. This Section is deemed to have no revenue effects. Note local governments will still be imposing local sales taxes on motor fuel and will continue to rely on DOR to set the appropriate price for the tax to be applied to based on this code section Part IV Sections 4-1 and 4-2 This section redefines transportation purposes to include the following: roads, bridges, public transit, rails, airports, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. This section is relevant to local governments but has no state revenue effects. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax and removes the "fourth penny" from the general fund. Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. However, some local sales taxes will not expire, such as the LOST and MARTA taxes; thus adjustments are made to include these ongoing local sales taxes in the prices of motor fuel. To make these adjustments, the top 30 counties in motor fuel sales were examined for FY 2014, which represent 73 percent of all diesel sold and 76 percent of all gas. Based on the data from these counties, a weighted average tax rate was estimated for those counties that will still maintain a 2 percent and 1 percent tax rate due to local option sales taxes that will not expire. For gas this resulted in 42 percent of total state consumption that is taxed at a rate of 1.5 percent without expiration. For diesel this resulted in 55 percent of total state consumption that is taxed at a rate of 1.25 percent without expiration. These rates were converted to a prepaid amount consistent with procedures used in the baseline estimates. The remaining shares of gas and diesel taxed by local option sales taxes are assumed to expire at an equal annual rate over 4 years. This rate was also converted to a prepaid amount consistent with procedures used in the baseline estimates and goes to zero by calendar year 2019. The additional impacts of these sections on local government revenue will be estimated in a later note. Part IV Section 4-7 Section 4-7 changes the excise tax from 7.5 cents per gallon for gas and diesel to 29.2 cents per gallons for gas and 33 cents per gallon for diesel. The excise tax rates will change based on the sum of the year over year changes of two metrics. The first is an index that is to be created by DOR and will be calculated in the following manner: FRIDAY, MARCH 20, 2015 1905 Using 2014 as a base year, the department shall determine the average miles per gallon of all new vehicles registered in this state pursuant to Code Section 48-5C-1 using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide. Beginning on January 1, 2016, the department shall again calculate the average miles per gallon of all new vehicles registered in this state in 2015. Any percentage increase or decrease in fuel efficiency shall be multiplied by the excise tax rate to determine a preliminary excise tax rate. The second is the Construction Price Index published by the United States Census Bureau, referred to earlier in the act. The excise tax will be adjusted in this manner every year with a new excise rate published at the beginning of each calendar year. As the DOR does not currently compute this change in Georgia fleet average fuel economy, data from the EIA was used. Average new vehicle miles per gallon for 2012 were 32.7 with the estimate for 2020 under low fuel price assumptions of 37.9 and with high fuel price assumptions of 38.6. These generate average annual growth rates of 1.85 percent of the low price fuel scenario and 2.10 percent for the high price fuel scenario. As was shown earlier, the construction price index average annual growth rate under a low growth scenario is estimated to be 2.10 percent and 2.82 percent under a high growth scenario. These growth rates above, are used to adjust the excise tax annually. An additional adjustment factor is also included. Currently under Georgia's hybrid tax system, the state "fourth penny" and the local sales tax on motor fuel are not credited to long haul truckers under the IFTA system. Thus when IFTA participating trucks purchase diesel in Georgia, roughly 12 cents per gallon in these taxes does not get credited to the IFTA account. This can have the effect of making diesel more expensive in Georgia when compared to other states. By creating an excise-only motor fuel tax and extending the sales tax exemption on motor fuels to cover the full state sales tax, at the state level all motor fuel taxes would be credited to IFTA. By not allowing local governments to apply a sales tax on motor fuels as their local option taxes expire and only allowing locals to replace them with excise taxes, much of the local tax revenue will also be captured in the IFTA system. This initial change in Georgia's motor fuel tax structure may create an incentive for long haul truckers to buy more motor fuel in Georgia. To account for this change in behavior, data from DOR is used that tracks the gallons of IFTA-credited diesel fuel sold in Georgia in 2014 of 460.3 million gallons, accounting for roughly 36 percent of all diesel purchased in 2014. It is assumed that the current IFTA differential in Georgia credits of 12.2 cents is a price reduction in diesel due to the new excise tax structure. Using the elasticity for gas and diesel of 0.43, as is used in the baseline estimates, generates an additional 46.3 million gallons of diesel fuel purchased annually in Georgia. As the effective date of the law is July 1, 2015, this additional fuel sale is added half to 2015 and half to 2016. This is used in our low price fuel scenario. It 1906 JOURNAL OF THE SENATE is possible that long haul truckers have a higher price elasticity for diesel than the average diesel consumer, due to the large fuel capacity long haul trucks have, giving them greater choice as to where to fill up. To account for this, the elasticity is increased by 50 percent to 0.645, which increases the amount of diesel fuel purchased to 69.5 million gallons. This adjustment factor is added to the high fuel price scenario in the same manner as the low fuel price scenario. DOR data indicate that the amount of payments made into the state for miles traveled without fuel purchased generally is offset by payments made by the state for extra fuel purchased in Georgia for miles driven out of state. Thus, the revenue effect is limited to the behavioral change induced by the change in tax structure. Note there are many things that can influence a truck driver's decision to purchase diesel, beside IFTA tax treatment. Thus these estimated price effects likely represent an upper bound. Also some local governments will continue to charge sales tax on diesel as some local option sales taxes do not expire, such as the LOST and MARTA taxes. Note the amounts in Table A3 represent a shift from general fund revenue, raised by the "fourth penny" which can be used to fund other types of government spending, to dedicated transportation fund revenue. The amount of this shift of the "fourth penny" is on average $158.6 million annually in the low fuel cost scenario and $171.6 million in the high fuel cost scenario. This increases the amount of funds available for transportation funding, resulting in additional transportation funding of $1.0536 billion annually on average in the low fuel cost scenario and $1.0670 billion annually on average in the high fuel cost scenario. See tables A3 and A4 for details. Table A3. Loss of General Fund Revenue to the State in millions $/State Fiscal Years 2016 2017 Low Fuel Prices High Fuel Prices $167.8 $153.7 $167.8 $157.5 2018 $155.4 $167.1 2019 $157.2 $177.4 2020 $159.0 $188.3 5 Year Average $158.6 $171.6 Table A4. Net Additional Transportation Revenue to the State in millions $/State Fiscal Years 2016 2017 2018 2019 Low Fuel Prices High Fuel Prices $871.1 $995.5 $1,063.0 $1,133.1 $884.7 $1,017.4 $1,079.2 $1,143.6 2020 $1,205.1 $1,209.9 5 Year Average $1,053.6 $1,067.0 The Senate Committee on Transportation offered the following substitute to HB 170: FRIDAY, MARCH 20, 2015 1907 A BILL TO BE ENTITLED AN ACT To amend various provisions of the Official Code of Georgia Annotated so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require an annual report from the Department of Transportation; to provide for payment of certain liabilities of the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to levy a registration fee on alternative fueled vehicles; to provide for a highway user impact fee for all vehicles registered in this state; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to reduce the state income tax credits for low-emission vehicles to zero; to provide an income tax credit for local sales taxes paid on motor fuel; to provide for the elimination of state sales and use taxes with respect to certain sales of motor fuels; to revise the exemption from sales and use taxes for jet fuel and certain tax holidays; to provide for revised definitions of certain terms relating to prepaid motor fuel taxes; to provide a limit on local sales taxes on motor fuels; to change the rate and method of computation of the excise tax on motor fuels; to repeal the second motor fuel tax; to provide for editorial revision; to provide for a state fee on rental motor vehicles; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," so as to provide revised criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 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 "Transportation Funding Act of 2015." PART II SECTION 2-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows: "32-5-27.1. (a) In addition to the requirements contained in Code Section 32-5-27, the department shall annually prepare and submit to the General Assembly, for approval by the Senate 1908 JOURNAL OF THE SENATE Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines the use of department resources for the upcoming fiscal years. The plan shall categorize and prioritize the specific projects within each category and the percentage of resources to be expended in each of the following areas: (1) Construction of new highway projects; (2) Maintenance of existing infrastructure; (3) Bridge repairs and replacement; (4) Safety enhancements; and (5) Administrative expenses. (b) Such plan shall also detail the source of the revenue dedicated to each category listed in subsection (a) of this Code section. (c) Priority shall be given to expenditure of available resources for maintenance, expansion, and improvement of highway infrastructure in the areas of this state most impacted by traffic congestion and to areas of this state in need of highway infrastructure to aid in attracting economic development to the area." SECTION 2-2. Said title is further amended by adding a new Code section to read as follows: "32-5-32. It is the intention of the General Assembly, subject to appropriations, to make available to the department on an annual basis $250 million to be used exclusively for payment of any debt service the department has accrued. It is further the intention of the General Assembly that this investment will allow the department to allocate more of the proceeds from the motor fuel tax to building and maintaining roads and bridges throughout this state." PART III SECTION 3-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (l) of Code Section 40-2-86.1, relating to certain special license plates, as follows: "(7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the this state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term: (i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; FRIDAY, MARCH 20, 2015 1909 mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits electricity, natural gas, and propane. (ii) 'Alternative fueled vehicle' means: (I) Any any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel; or (II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (C) Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph." SECTION 3-2. Said title is further amended by revising the introductory language of and adding a new paragraph to subsection (a) of Code Section 40-2-151, relating to the annual license fees for the operation of vehicles, to read as follows: "(a) The In conjunction with the payment of highway user impact fees pursuant to Code Section 40-2-151.1, the annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:" 1910 JOURNAL OF THE SENATE "(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 (ii) Upon registration of an alternative fueled vehicle operated for commercial purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (B)(i) As used in this paragraph, the term 'alternative fueled vehicle' shall have the same meaning as in division (l)(7)(B)(ii) of Code Section 40-2-86.1; provided, however, that the fees in this paragraph shall not be assessed on vehicles which operate primarily on compressed natural gas, liquefied natural gas, or liquefied petroleum gas. (ii) The fees in this paragraph shall be in addition to any other fee imposed on the vehicle by this Code section. (iii) The fees in this paragraph shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in the Consumer Price Index by the current fee. The resulting calculation shall be added to the fees assessed by this paragraph. The first adjustment shall be calculated and implemented on July 1, 2016." SECTION 3-3. Said title is further amended by adding a new Code section to read as follows: "40-2-151.1. (a) In conjunction with the payment of fees for the licensing of the operation of vehicles pursuant to Code Section 40-2-151, every vehicle registered in Georgia shall pay a highway user impact fee. The annual fees shall be as follows for each vehicle registered: (1) Less than 3,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.00 (2) 3,000 lbs. up to 4,500 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (3) Greater than 4,500 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (4) Truck tractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (5) Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (6) Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (b) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (a) of this Code section shall be made available and used exclusively for transportation projects in this state." PART IV SECTION 4-1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by revising Code Section 45-12-22, relating to the Governor's authority to suspend the collection of taxes, as follows: "45-12-22. (a) Except as provided in subsection (b) of this Code section, the The Governor may FRIDAY, MARCH 20, 2015 1911 suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes. (b) Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel under Code Section 48-9-3 as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section 48-9-2. Any suspension or modification of any rate of state motor fuel taxes under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate." PART V SECTION 5-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows: "(b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be: (1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(B) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be $0.00." SECTION 5-1A. Said title is further amended by adding a new Code section to read as follows: "48-7-40.31. (a) As used in this Code section, the term: (1) 'Diesel fuel' means a fuel oil as defined under paragraph (6) of Code Section 489-2 used to propel a qualified motor vehicle on the public highways. (2) 'Local sales and use taxes' 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to 1912 JOURNAL OF THE SENATE Article 2, 2A, 3, or 4 of Chapter 8 of this title. (3) 'Qualified motor carrier' means any person who operates or causes to be operated any qualified motor vehicle on any highway in this state and during the taxable year for which the credit under this Code section is claimed was a licensee holding a valid, uncanceled license issued by a base jurisdiction. The terms 'licensee,' 'license,' and 'base jurisdiction' as used in this Code section shall have the same meaning as those terms are defined under the International Fuel Tax Agreement, as amended. (4) 'Qualified motor vehicle' means a motor vehicle used, designed, or maintained for transportation of persons or property and: (A) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; (B) Having three or more axles regardless of weight; or (C) Used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. The qualified motor vehicle must also have a valid license and proper vehicle identification markers, including decals, issued pursuant to the International Fuel Tax Agreement, as amended, properly affixed to the motor vehicle. The term 'qualified motor vehicle' does not include recreational vehicles as defined under the International Fuel Tax Agreement, as amended. (b) For taxable years beginning on or after January 1, 2016, any qualified motor carrier subject to the road tax under Code Section 48-9-31 and subject to the road tax reporting requirements under the International Fuel Tax Agreement, as amended, shall be entitled to a credit against the tax imposed under this chapter equivalent to the amount of local sales and use taxes on diesel fuel purchased and placed in the supply tank of a qualified motor vehicle by the qualified motor carrier within this state during the taxable year for use in operations either within or outside this state when the local sales and use taxes imposed in this state have been paid by the qualified motor carrier, and where such purchases of diesel fuel were reported as tax paid gallons on the qualified motor carrier's motor fuel tax returns submitted under the International Fuel Tax Agreement, as amended. Evidence of the payments of the local sales and use taxes in the form required by the commissioner shall be furnished by each qualified motor carrier claiming the credit allowed. (c) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the purchase of diesel fuel occurred. No such credit shall be allowed the taxpayer against prior years' tax liability. (d) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer. (e) The commissioner may promulgate any rules and regulations necessary to implement and administer this Code section." FRIDAY, MARCH 20, 2015 1913 SECTION 5-2. Said title is further amended by revising paragraphs (23) and (24) of Code Section 48-82, relating to definitions regarding state sales and use taxes, as follows: "(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14 as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3 and all local sales and use or excise taxes levied on motor fuel. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14 Reserved." SECTION 5-3. Said title is further amended by revising paragraphs (33.1), (75), and (82) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows: "(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. For purposes of this division, the terms 'qualifying airline' and 'qualifying airport' shall have the same meanings as those terms were defined under the prior provisions of this paragraph as it existed immediately prior to July 1, 2012. (ii) For the period of time beginning July 1, 2012, and ending on June 30, 2015, 1914 JOURNAL OF THE SENATE the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from 1 percent of the 4 percent state sales and use tax. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph. (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, not to exceed the rate at which such taxes were levied as of January 1, 2014, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, the term 'qualifying airport' means a certificated air carrier airport in Georgia. (G) On or after July 1, 2017, revenue derived from the levy of sales and use taxes on jet fuel shall be used for a state aviation program or airport related purposes to the extent required to comply with 49 U.S.C. Sections 47107(b) and 47113. Any portion of such revenue so derived which is in excess of the amount required for purposes of such compliance with federal law may be appropriated by the General Assembly for other purposes. (G)(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;" "(75)(A) The sale of eligible property. The exemption provided by this paragraph applies only to sales occurring during periods: (i) Commencing at 12:01 A.M. on August 1, 2014, and concluding at 12:00 Midnight on August 2, 2014; and (ii) Commencing at 12:01 A.M. on July 31, 2015, and concluding at 12:00 Midnight on August 1, 2015. (B) As used in this paragraph, the term: (i) 'Clothing' means all human wearing apparel suitable for general use and includes footwear. The term 'clothing' excludes belt buckles sold separately; FRIDAY, MARCH 20, 2015 1915 costume masks sold separately; patches and emblems sold separately; sewing equipment and supplies, including but not limited to knitting needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles; sewing materials that become part of clothing, including but not limited to buttons, fabric, lace, thread, yarn, and zippers; and clothing accessories or equipment. (ii) 'Clothing accessories or equipment' means incidental items worn on the person or in conjunction with clothing. (iii) 'Computer' means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. The term 'computer' excludes cellular phones. (iv) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (v) 'Eligible property' means: (I) Articles of clothing with a sales price of $100.00 or less per item; (II) Computers, computer components, and prewritten computer software purchased for noncommercial home or personal use with a sales price of $1,000.00 or less per item; and (III) School supplies, school art supplies, school computer supplies, and school instructional materials purchased for noncommercial use with a sales price of $20.00 or less per item. (vi) 'Prewritten computer software' means computer software, including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute prewritten computer software. (vii) 'School art supply' means an item commonly used by a student in a course of study for artwork. (viii) 'School computer supply' means an item commonly used by a student in a course of study in which a computer is used. (ix) 'School instructional material' means written material commonly used by a 1916 JOURNAL OF THE SENATE student in a course of study as a reference and to learn the subject being taught. (x) 'School supply' means an item commonly used by a student in a course of study. (C) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph Reserved;" "(82)(A) Purchase of Energy Star Qualified Products or WaterSense Products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales: (i) Commencing at 12:01 A.M. on October 3, 2014, and concluding at 12:00 Midnight on October 5, 2014; and (ii) Commencing at 12:01 A.M. on October 2, 2015, and concluding at 12:00 Midnight on October 4, 2015. (B) As used in this paragraph, the term: (i) 'Energy Star Qualified Product' means any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window that meets the energy efficient guidelines set by the United States Environmental Protection Agency and the United States Department of Energy and is authorized to carry the Energy Star label. (ii) 'WaterSense Product' means a product authorized to bear the United States Environmental Protection Agency WaterSense label. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of Energy Star Qualified Products or WaterSense Products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph Reserved;" SECTION 5-4. Said title is further amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to sales tax exemptions as applied to motor fuels, as follows: "(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the state sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline, which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article." FRIDAY, MARCH 20, 2015 1917 SECTION 5-5. Said title is further amended by revising subsection (k) of Code Section 48-8-30, relating to the imposition, rate, and collection of state sales tax, as follows: "(k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14 under Code Section 48-9-3." SECTION 5-6. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-8-49, relating to dealers' returns as gross proceeds of sales and purchases, as follows: "(2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14." SECTION 5-7. Said title is further amended by revising paragraphs (2), (3), and (4) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying tax, as follows: "(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in Code Section 488-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made." SECTION 5-8. Said title is further amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows: "48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county 1918 JOURNAL OF THE SENATE whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent, except as provided in subsection (b) of this Code section. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) On or after July 1, 2015, such joint sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon." SECTION 5-9. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the creation of special districts and use of proceeds of the homestead option sales and use tax, as follows: "(b)(1) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent, except as provided in paragraph (2) of this subsection. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (2) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon." SECTION 5-10. Said title is further amended by revising subsection (c) of and by adding a new subsection to Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, to read as follows: "(c) Any Except as provided in subsection (d) of this Code section, any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall FRIDAY, MARCH 20, 2015 1919 apply to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. (d) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon." SECTION 5-11. Said title is further amended by revising Code Section 48-8-141, relating to imposition of a sales tax for educational purposes, as follows: "48-8-141. (a) Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. The report required pursuant to Code Section 48-8-122 shall be applicable; provided, however, that in addition to posting such report in a newspaper of general circulation as required by such Code section, such report may be posted on the searchable website provided for under Code Section 50-6-32. (b) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon." SECTION 5-12. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 48-8-201, relating to the intergovernmental agreement for the distribution of tax proceeds from the water and sewer projects sales tax, as follows: "(c) In the event a tax imposed under this article is imposed only by the municipality: (1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to: (A) Sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity 1920 JOURNAL OF THE SENATE which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles." "(e) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon." SECTION 5-13. Said title is further amended by revising Code Section 48-9-3, relating to an excise tax on motor fuel, as follows: "48-9-3. (a)(1) An excise tax is imposed at the rate of 7 1/2 24 per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (1.1)(A) Beginning on July 1, 2016, and annually thereafter, the amount of this excise tax per gallon on distributors shall be automatically adjusted on an annual basis in accordance with this paragraph. (B) The excise tax on motor fuel shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in the Consumer Price Index by the current tax rate. The resulting calculation shall be added to the excise tax assessed by this subsection. The first adjustment shall be calculated and implemented on July 1, 2016." (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected. (3) No county, municipality, or other political subdivision of this state shall levy any fee, license, or other excise tax on a gallonage basis upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel. Nothing contained in this article shall be construed to prevent a county, municipality, or other political subdivision of this state from levying license fees or taxes upon any business selling motor fuel. (4)(A) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau FRIDAY, MARCH 20, 2015 1921 of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units and the gallon equivalent of liquefied natural gas shall not be less than 6.06 pounds. (B) As used in this paragraph, the term: (i) 'Compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. (ii) 'Liquefied natural gas' means methane or natural gas in the form of a cryogenic or refrigerated liquid for use as a motor fuel. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions of the Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States; (5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for 1 per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and all of the tax imposed by Code Section 48-9-14; (6) Bulk sales of compressed petroleum gas or special fuel to a duly licensed consumer distributor; (7)(A) Sales of compressed petroleum gas or special fuel to a consumer who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consumers of compressed petroleum gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption. (B)(i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and (ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage 1922 JOURNAL OF THE SENATE receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2; (10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, FRIDAY, MARCH 20, 2015 1923 as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers; or (11) For the period of time beginning July 1, 2013, and ending June 30, 2015, sales of motor fuel to public school systems in this state for the exclusive use of the school system in operating school buses when the motor fuel is purchased and paid for by the school system. (c) Fuel oils, compressed petroleum gas, or special fuel used by a duly licensed distributor for nonhighway purposes is exempt from the tax imposed by this article. (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner." SECTION 5-14. Said title is further amended by repealing in its entirety Code Section 48-9-14, relating to the second motor fuel tax, and designating said Code section as reserved. SECTION 5-15. Said title is further amended by designating the existing provisions of Article 5 of Chapter 13, relating to excise taxes on rental motor vehicles, as Part 1 and adding a new Part 2 to read as follows: "Part 2 48-13-100. (a) On or after July 1, 2015, each rental motor vehicle concern renting or leasing motor vehicles in this state shall charge a $5.00 per day fee to the customer for each calendar day such vehicle is rented or leased. The rental motor vehicle concern shall collect the fee at the time the customer pays for the rental or lease of the vehicle. The rental motor 1924 JOURNAL OF THE SENATE vehicle concern collecting the fee shall remit the fee on a monthly basis to the department. (b) Nothing in this Code section shall be construed to impair any existing contract. (c) The commissioner shall promulgate and make available forms for the use of rental motor vehicle concerns to assist in compliance with this Code section. The commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (d) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (a) of this Code section shall be made available and used exclusively for transportation projects in this state." PART VI SECTION 6-1. Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," is amended by revising subsection (b) of Code Section 32-10-127, relating to loans and other financial assistance and the determination of eligible projects, as follows: "(b)(1) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. When determining eligibility, the board shall make every effort to balance any loans or other financial assistance among all regions of this state. (2) Preference for loans may be given to eligible projects which have local financial support in tier 1 and tier 2 counties, as defined in Code Section 48-7-40 and by the Department of Community Affairs. (3) Preference for grants and other financial assistance may be given to eligible projects which have local financial support." PART VII SECTION 7-1. (a) This Act shall become effective on July 1, 2015. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act. SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: FRIDAY, MARCH 20, 2015 1925 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 20, 2015 Honorable Tommie Williams, Chairman Senate Transportation Committee 110-B State Capitol Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 170 (LC 34 4630S) Dear Chairman Williams: This bill is the Senate version of the Transportation Funding Act of 2015. It proposes to make several changes to the state excise tax on motor fuels, state and local sales taxes on motor fuels, and other provisions of Title 48 as detailed below. The effective date of the proposed changes would be July 1, 2015 with the exception of the income tax credit proposed in Section 5-1A of the bill, which would be effective for tax years beginning on or after January 1, 2016. According to an analysis by the Georgia State University Fiscal Research Center, The provisions of the bill affecting general fund revenues or revenues dedicated to transportation purposes are as follows: Section 2-2 of the bill states that it is the intention of the General Assembly to make $250 million per year available to the Department of Transportation (GDOT) to be used exclusively for debt service. While this provision does not affect state revenues and is subject to annual appropriations, assuming such funds are appropriated each year, it would reduce general fund balances available for other purposes and increase GDOT funding available for transportation purposes. 1926 JOURNAL OF THE SENATE Sections 3-1 and 3-2 are identical to Sections 2-1 and 2-2 of the House passed version of House Bill (HB) 170. General fund revenue effects arise from the imposition under Section 3-2 of a highway user impact fee on Georgia registered alternative fueled vehicles of $200 annually for non-commercial vehicles and $300 annually for commercial vehicles, adjusted annually for consumer price inflation beginning July 1, 2016. Section 3-3 imposes a highway user impact fee on all Georgia registered motor vehicles, including on alternative fueled vehicles (in addition to the amounts under section 3-2), in the amounts of $50 annually for truck tractors and buses, $10 annually for motorcycles, and $25 annually for all other vehicles and are not to be adjusted for future inflation. The fees collected under Section 3-3 of the bill are intended, subject to appropriations, to be used solely for transportation projects in the state. Section 5-1 eliminating the low-emission and zero emission vehicles (LEV/ZEV) credit, is identical to Section 4-1 of the House passed version and increases general fund revenues. Section 5-1A provides an income tax credit for qualified motor carriers for local sales and use tax on diesel fuel purchased in Georgia when such purchases are reported as tax paid gallons on such carriers' motor fuel tax returns under the International Fuel Tax Agreement (IFTA). Section 5-3, corresponding in part to Section 4-2A of the House passed version, eliminates the partial sales and use tax exemption for jet fuel for qualified airlines. Revenue gains from this provision are, to the extent required by federal law, dedicated to aviation or airport related purposes. However, in addition to the jet fuel exemption, this section also repeals both the back-to-school and energy/water efficient products sales tax holidays currently scheduled, respectively, for July 31 to August 1, 2015, and October 2-4, 2015. The revenue gains from repealing the sales tax holidays are to the general fund, but only affect FY 2016. Section 5-4 extends the Code Section 48-8-3.1 partial motor fuel tax exemption from the state sales and use tax from the first 3 percent to the full 4 percent state sales tax, the "fourth penny" of which currently goes to the general fund. Sections 5-8 through 5-12 set a maximum amount of certain local sales and use taxes due per gallon of motor fuel. The amount of tax per gallon is set semiannually (or more frequently under certain circumstances) by multiplying the applicable tax rate by the state-wide average retail price per gallon, net of state and local taxes, by motor fuel type as specified in Code Section 48-8-2, paragraph (23), as amended by Section 5-2 of this bill. Under this bill, the retail sale price per gallon used in such calculation may not be more than $3.39 for any motor fuel FRIDAY, MARCH 20, 2015 1927 type. Local taxes affected by these bill sections are joint county and municipal (LOST), homestead option (HOST), special purpose local option (SPLOST), and water and sewer projects (MOST) sales taxes as well as the sales tax for educational purposes (ESPLOST). The bill is silent with regard to so-called second LOST taxes under Code Section 48-8-96 and sales taxes levied in eight counties by pre-1983 local constitutional amendments, but these taxes are assumed to be affected by the Section 5-8 changes to LOST for purposes of their application to motor fuels. The bill makes no changes with regard to the MARTA sales tax, which also applies to motor fuels. Section 5-13 increases the state excise tax on motor fuels from 7.5 to 24 cents per gallon and provides for annual adjustments for consumer price (CPI) inflation beginning July 1, 2016. Section 5-14 repeals the second motor fuels tax, Code Section 48-9-14, in its entirety. Section 5-15 imposes a $5.00 per day fee on rental motor vehicles, as defined in Code Section 48-13-91, for each day such vehicle is rented or leased. Revenues from this fee are intended, subject to appropriations, to be used solely for transportation projects in the state. Details of the analysis by the Fiscal Research Center are included in the Appendices to this fiscal note. The appendices are organized as follows: Appendix I covers the changes to state motor fuels taxes in Sections 5-4, 5-13, and 5-14. Appendix II covers all other changes to state taxes. Appendix III covers local revenue effects. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Enclosures: Appendix I State Revenue and Transportation Funding Effects of Motor Fuels Tax Changes Appendix II State Revenue and Transportation Funding Effects of Other Provisions Appendix III Local Revenue Effects of Sections 5-8 through 5-12 1928 JOURNAL OF THE SENATE Section 5-4 of the bill extends the Code Section 48-8-3.1 partial motor fuel tax exemption from the state sales and use tax from the first 3 percent to the full 4 percent state sales tax, the "fourth penny" of which currently goes to the general fund. Section 5-14 repeals the 3 percent state second motor fuels tax, the revenues from which are currently dedicated to transportation. Section 5-13 increases the state excise tax on motor fuels from 7.5 cents per gallon to 24 cents per gallon effective July 1, 2015. Beginning July 1, 2016, the excise tax rate will be adjusted annually for inflation based on the year-over-year change in the Consumer Price Index (CPI). The estimation procedures for the effects of these changes first require development of baseline projections for taxes on motor fuels under current law as described below, followed by proforma projections under the proposed law. Baseline Estimates under Current Law To estimate the state revenue effects of LC 34 4630S, the estimates of future motor fuel costs from the Energy Information Association (EIA) were used as well as their assumptions on growth of fuel consumption. To estimate the revenue effects of the excise tax increases and other changes, two baseline revenue projections are estimated: a low fuel price revenue estimate and a high fuel price revenue estimate. The EIA publishes a near term outlook for fuel prices that is released monthly as well as a long-term outlook that is released annually. The price estimates of gasoline and diesel fuel for the calendar years 2015 and 2016 are taken from the short-term outlook published in January 2015, and take into account the recent large drops in oil prices. The EIA forecasts the average price of regular gasoline in 2015 to be $2.33, rising to $2.72 in 2016. This 2016 price forecast, adjusted downward for the current 5 cents per gallon difference in the price of gas nationally and in Georgia, is used as the base year price for both the low price and the high price baseline projections. The prices of motor fuel for the years 2017-2023 are estimated based on the data in the annual long-term outlook published in 2014, before the recent drop in oil prices. This annual report makes a range of long-run forecasts of gasoline and diesel prices, including a reference forecast as well as low and high price scenarios around the reference forecast. For this estimate, due to the steep drop in oil prices after the report was published, the low price forecast is used to project the low fuel price scenario while the reference forecast is used to project the high fuel price scenario. In its low price forecast, EIA projects the price of gasoline in 2020 at $2.88 while the high price scenario (again, EIA's reference forecast) forecasts a 2020 price of $3.49. These low and high 2020 price forecasts are also adjusted down by the current 5 cents per gallon difference between Georgia and national average prices. To fill in the missing FRIDAY, MARCH 20, 2015 1929 years, the annual average rate of price growth implicit in these 2016 to 2020 price forecasts is used for all years. For the low fuel price scenario, this growth rate is approximately 1.47 percent while for the high price scenario the growth rate is approximately 6.54 percent. For diesel, the same methods are used to project prices. The EIA long-range reference forecast also projected annual growth rate for fuel consumption from 2012 through 2020 and beyond. The average projected growth rate for gasoline consumption through 2020 was -1.23 percent per annum in the reference forecast (the high fuel price case herein) and -0.75 percent in the low fuel price case. For diesel, the 2012-2020 average consumption growth rates were projected to be 1.56 percent in the reference (high) case and 1.60 percent in the low price case. These longer-run average growth rates were applied to estimated 2013 consumption of gasoline and diesel fuel in Georgia, as reported by the Federal Highway Administration. Table I.1 shows the low fuel price baseline projections, including projected prices per gallon of gasoline and diesel as well as the estimated calendar year revenue at current levels of excise taxation, 7.5 cents per gallon, plus the second motor fuels tax at the 3 percent rate. Table I.2 provides the same baseline forecast information under the high price scenario. State sales and use tax revenue from the "fourth penny" under the same baseline scenarios is projected as shown in Table I.3. Table I.1. Low Price Baseline Fuel Prices, Consumption, & Motor Fuel Tax Revenue Millions $/Calendar Years 2016 2017 2018 2019 2020 EIA estimated gas prices /gal $2.67 $2.71 $2.75 $2.79 $2.83 EIA estimated diesel prices /gal $3.22 $3.24 $3.26 $3.29 $3.31 Estimated Gas Purchase 4,714 4,678 4,643 4,608 4,573 (millions of gallons) Estimated Diesel Purchase 1,309 1,330 1,352 1,373 1,395 (millions of gallons) Estimated Revenue At Current Tax Structure Total state gas tax $696.5 $696.3 $696.3 $696.2 $696.3 Total state diesel tax $213.7 $217.9 $222.2 $226.7 $231.2 Total Baseline Motor Fuel Tax $910.1 $914.3 $918.5 $922.9 $927.4 Revenue Table I.2. High Price Baseline Fuel Prices, Consumption, & Motor Fuel Tax Revenue Millions $/Calendar year 2016 2017 2018 2019 2020 EIA estimated gas prices /gal $2.67 $2.84 $3.03 $3.23 $3.44 EIA estimated diesel prices /gal $3.22 $3.43 $3.65 $3.88 $4.13 Estimated Gas Purchase (millions of gallons) 4,714 4,656 4,598 4,542 4,486 Estimated Diesel Purchase (millions of gallons) 1,309 1,330 1,351 1,372 1,393 1930 JOURNAL OF THE SENATE Estimated Revenue At Current Tax Structure Total state gas tax $696.5 Total state diesel tax Total Baseline Motor Fuel Tax Revenue $213.7 $910.1 $710.7 $224.7 $935.4 $725.9 $236.6 $962.5 $742.2 $249.2 $991.5 $759.7 $262.9 $1,022.5 Table I.3. State Sales and Use Tax Revenue to the General Fund under Current Law ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Low Fuel Price Baseline $167.8 $153.7 $155.4 $157.2 $159.0 High Fuel Price Baseline $167.8 $157.5 $167.1 $177.4 $188.3 Proforma Estimates under the Proposed Law The proposed changes in the state excise tax, combined with the elimination of the second motor fuels tax and the "fourth penny" state sales tax, the capping of local sales taxes on motor fuels under Sections 5-8 through 5-12, and other changes under the bill, are expected to have behavioral effects on fuel consumption and thus revenues. These expected effects arise first if the tax inclusive fuel price changes as a result of the tax changes and second because of the unequal treatment of excise and sales taxes under IFTA. Under the two fuel price scenarios, the effect of the proposed changes is to increase tax inclusive prices of gasoline by between 2.4 and 3.0 percent and diesel fuel by between 1.2 and 1.9 percent on average over the 2016-2020 period compared to the current law baseline prices, resulting in a behavioral response by fuel purchasers. Inflationary adjustments to the excise tax in the low and high fuel price cases are based, respectively, on the average annual rate of CPI inflation from 2004 through 2014 (about 2.3 percent annually) and the average over the same period excluding 2009 (about 2.6 percent). The price elasticity of fuel purchasers assumed in both cases to estimate the behavioral response is -0.43, based on estimates from the economic literature, or a 0.43 percent decline in consumption for a 1 percent increase in price. An additional adjustment factor accounts for the IFTA treatment of sales versus excise taxes. Currently, under Georgia's hybrid tax system, the state "fourth penny" and the local sales taxes on motor fuel are not credited to long haul truckers under the IFTA system while state excise taxes are credited. Thus when IFTA participating trucks purchase diesel in Georgia, roughly 12 cents per gallon in these taxes does not get credited to the IFTA account. This can have the effect of making diesel more expensive in Georgia on an after tax basis when compared to other states. By creating an excise only state motor fuel tax and extending the sales tax exemption on motor fuels to cover the full state sales tax, all state motor fuel taxes would be credited to the carrier under IFTA. The proposed change in Georgia's motor fuel tax structure reduces the existing disincentive for IFTA carriers to buy motor fuel in Georgia. The proposed income tax credit under Section 5-1A of the bill for local sales taxes on motor fuel for IFTA carriers FRIDAY, MARCH 20, 2015 1931 would likely have a similar effect for those able to utilize the credit against their Georgia income tax liability. To account for this change in incentives, it is assumed that the current IFTA differential in Georgia credits, when eliminated as a result of the proposed changes, together with the retail price effects of higher total fuel taxes and the income tax credit, represents an average effective price reduction in diesel of 6.4 cents per gallon. DOR reports the gallons of IFTA credited diesel fuel purchased in Georgia in 2014 at 460.3 million gallons, roughly 36 percent of all diesel purchased in the state in 2014. Using the estimated price elasticity for gas and diesel of -0.43, an additional 24 million gallons of diesel fuel would be expected to be purchased annually in Georgia compared to the low price baseline. As the effective date of the law is July 1, 2015, there is a half year effect on diesel sales in calendar 2015. It is possible that the long haul truckers in the IFTA system have a higher price elasticity for diesel than the average diesel consumer due to the large fuel capacity of long haul trucks, giving them greater flexibility as to where or when to fill up. To account for this, the elasticity is increased by 50 percent to -0.65 for the high price scenario, increasing the response in terms of the amount of diesel fuel purchased to 36 million gallons. The additional motor fuel tax revenues from these additional fuel purchases are included in the proforma projections of revenues for each scenario under the proposed law. Table I.4 below provides the projected state motor fuel tax revenue under the proposed bill and the changes from current law baseline projections, the latter indicating the effect on revenues dedicated to transportation from these bill provisions. Table I.4. Proforma State Motor Fuel Tax Revenue for Transportation and Change from Current Law ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Motor Fuel Excise Tax Revenue: Low Fuel Price Scenario $1,353.1 $1,484.0 $1,514.2 $1,545.2 $1,577.0 High Fuel Price Scenario $1,357.1 $1,490.9 $1,521.6 $1,553.2 $1,585.7 Change from Baselines: Low Fuel Price Scenario $410.3 $418.1 $442.4 $467.3 $492.8 High Fuel Price Scenario $414.2 $410.6 $405.5 $398.8 $390.5 Sections 3-1 through 3-3 Highway User Impact Fees Sections 3-1 and 3-2 change the definition of alternative fuel vehicles and set registration fees for said vehicles. Alternative fuel vehicles are now only those powered solely by electricity, natural gas, and propane. A registration fee of $200 is charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the Consumer Price Index (CPI) beginning January 1, 2016. Data from the Georgia Department of Revenue (DOR), the Georgia Statistics System and the Energy Information Administration (EIA) were used to estimate the number of qualifying vehicles under the new definition. 1932 JOURNAL OF THE SENATE The CPI annual average change was calculated from 2003-2014. As those years include the drop in costs due to the great recession the full average is used in the low growth estimates while the average annual change with the low year of 2009 removed, is used to estimate the high growth amount. Table II.1 shows the additional estimated revenue to the state from House Bill LC 34 4630S sections 3-1 and 3-2. Table II.1. State General Fund Revenue from Highway User Impact Fees for Alt. Fueled Vehicles ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Low Growth $1.6 $3.2 $3.5 $3.7 $4.0 High Growth $1.6 $3.4 $3.7 $3.9 $4.2 Section 3-3 adds the highway user impact fees to be dedicated, subject to appropriations, to transportation, as shown in Table II.2. Table II.2. State Transportation Funds from Highway User Impact Fees for All Vehicles ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Revenue $201.3 $203.6 $205.8 $208.1 $210.4 Section 5-1 Elimination of LEV/ZEV Tax Credit Table II.3. Additional State Revenue from LEV/ZEV Credit Repeal ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Revenue Gain $65.6 $95.6 $124.3 $155.6 FY 2020 $187.2 Section 5-1A Income Tax Credit for IFTA Motor Carriers Table II.4. State Income Tax Revenue Effect of Credit for IFTA Carriers ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Low Fuel Price Scenario ($15.78) ($15.39) ($15.73) ($16.09) High Fuel Price Scenario ($43.22) ($43.10) ($45.08) ($46.05) FY 2020 ($16.45) ($47.05) Section 5-3 Repeal of Partial Jet Fuel Exemption and Sales Tax Holidays Section 5-3 repeals the jet fuel exemption for qualified airlines. The revenue effect of the repeal of the jet fuel partial exemption has been estimated previously in fiscal notes and the Tax Expenditure Report for FY 2016. These previous estimates provide the bases for the estimates summarized in Table II.5. Section 5-3 also repeals the two sales tax holidays have been estimated previously in fiscal notes, the Tax Expenditure Report for FY 2016, or both. These previous estimates provide the bases for the estimates summarized in Table II.5. FRIDAY, MARCH 20, 2015 1933 Table II.5. Revenue Effect of Repeal of Jet Fuel Exemption and Sales Tax Holidays ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Jet Fuel Exemption $21.4 $26.1 $28.9 $30.2 $31.6 Sales Tax Holidays $42.4 Total Revenue Effect of 5-3 $63.8 $26.1 $28.9 $30.2 $31.6 Section 5-15 Rental Car Fee Section 5-15 imposes a new $5 daily fee on all vehicles rented from rental car companies located in the state. The estimate assumes that a rental day is defined in the same manner that the rental car operation computes a rental day. The projected revenue gain to the state from this fee is shown in Table II.6. The fee will apply to all vehicles rented on or after July 1, 2015. The revenue estimate is based on national rental car revenue data shared down to represent activity in Georgia. National revenue and volume data was obtained from Auto Rental News for 2013 and 2014 and from various company annual financial reports. The revenue data was shared to Georgia based on employment figures for 2012 and 2013 from the U.S. Census Bureau for the NAICS code 532111. The Georgia industry revenue was divided by a revenue per day figure of about $40 to determine the number of transaction days for the rental car industry in Georgia in 2014. The revenue estimate assumes an annual growth rate of 1.9 percent annually. Table II.6. Revenue Effects of Rental Car Fee ($ millions) FY 2016 FY 2017 Revenue Gain $34 $69 FY 2018 $71 FY 2019 $72 FY 2020 $73 Table III.1. Change in Revenue to Local Governments from LC 34 4630S ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Low Fuel Price Scenario ($1.4) ($2.9) ($3.1) ($3.4) High Fuel Price Scenario ($0.9) ($2.2) ($6.4) ($14.3) FY 2020 ($3.6) ($25.7) Senator Unterman of the 45th moved the previous question. Senator Henson of the 41st objected. On the adoption of the motion, the yeas were 28, nays 16, and the previous question was ordered. Senators Williams of the 19th, Albers of the 56th, Mullis of the 53rd, Kennedy of the 18th, Beach of the 21st and others offered the following amendment #1: Amend the substitute to HB 170 (LC 34 4633S) by deleting lines 7 and 8 and inserting in lieu thereof the following: 1934 JOURNAL OF THE SENATE fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia By deleting lines 128 through 142. On the adoption of the amendment, there were no objections, and the Williams of the 19th, et al. amendment #1 to the committee substitute was adopted. Senators Albers of the 56th, Crane of the 28th, Hill of the 32nd and Harbin of the 16th offered the following amendment #2: Amend the substitute to HB 170 (LC 34 4633S) by deleting lines 7 and 8 and inserting in lieu thereof the following: fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia By deleting line 19 and inserting in lieu thereof the following: amend Part 3 of Article 2 of Chapter 10 By deleting the quotation marks at the end of line 50 and inserting between lines 50 and 51 the following: (d) The plan provided for in this Code section shall be posted on the department's website and updated on an annual basis." By deleting "200.00" and inserting "95.00" on line 113; By deleting "300.00" and inserting "195.00" on line 115; By deleting lines 128 through 142; By deleting line 526 and inserting in lieu thereof the following: (a)(1) An excise tax is imposed at the rate of 7 1/2 20 per gallon on distributors who By deleting lines 666 through 684. Senator Albers of the 56th asked unanimous consent that his amendment #2 be withdrawn. Senator Shafer of the 48th objected. On the adoption of the motion, the yeas were 13, nays 31, and the Albers, et al. amendment #2 to the committee substitute was not withdrawn. FRIDAY, MARCH 20, 2015 1935 Senators Cowsert of the 46th and Shafer of the 48th offered the following amendment #2a: Amend AM 34 0707 #2 to HB 170 by deleting lines 1-16 and inserting in lieu thereof: insert after line 50 "(d) Such plan shall also bring forward all efficiencies found within the bureaucracy of the Department and how those funds have been redirected to road construction." Senator Albers of the 56th offered the following amendment #2a-1: amend AM 340707 # 2A to HB 170 by deleting lines 1 - 9 of amendment 2A. On the adoption of the amendment, the President ruled the Albers amendment #2a-1 out of order. On the adoption of amendment #2a, the President asked unanimous consent. Senator Albers of the 56th objected. On the adoption of amendment #2a, Senator Crane of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Sims E Stone Y Tate N Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 1936 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 48, nays 5, and the Cowsert, Shafer amendment #2a to the Albers, et al. amendment #2 to the committee substitute was adopted. On the adoption of amendment #2, there were no objections, and the Albers, et al. amendment #2 to the committee substitute was adopted as amended. Senators Fort of the 39th, Orrock of the 36th, Henson of the 41st, Davenport of the 44th, Rhett of the 33rd and others offer the following amendment #3: Amend the Senate Transportation Committee substitute to HB 170 (LC 34 4633S) by deleting line 4 and inserting in lieu thereof the following: as to provide for a definition; to require the performance of a disparity study and adoption of a plan; to require an annual report from the Department of Transporation; to provide for payment By inserting between lines 28 and 29 the following: PART IA SECTION 1A-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows: "32-2-82. (a) For purposes of this Code section, the term 'disadvantaged business enterprise' means a for profit small business concern: (1) That is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (b) Notwithstanding any provisions of federal law to the contrary, the department shall conduct a disparity study every three years to determine the number of disadvantaged business enterprises utilized in contracts issued by the department using state funds. Upon the completion of such study, the department shall adopt a participation plan and evaluation or scoring system which considers the findings of such study for participation of disadvantaged business enterprises for the following year." By deleting lines 31 and 32 and inserting in lieu thereof the following: Said title is further amended by adding a new Code section to read as follows: On the adoption of the amendment, the President asked unanimous consent. FRIDAY, MARCH 20, 2015 1937 Senator Gooch of the 51st 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 Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler E Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Sims E Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 17, nays 36, and the Fort, et al. amendment #3 to the committee substitute was lost. Senators Williams of the 19th, Cowsert of the 46th, Shafer of the 48th, Mullis of the 53rd, Gooch of the 51st and Kirk of the 13th offered the following amendment #4: Amend the substitute to HB 170 (LC 34 4633S) by deleting line 2 and inserting in lieu thereof the following: additional revenue necessary for funding transportation purposes in this state; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Special Joint Committee on Georgia Revenue Structure; to amend Title By inserting between lines 28 and 29 the following: SECTION 1-2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows: 1938 JOURNAL OF THE SENATE "CHAPTER 12 28-12-1. (a) There is created the Special Joint Committee on Georgia Revenue Structure which shall consist of 12 members as follows: (1) The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; (2) The majority leader of the Senate and the majority leader of the House of Representatives; (3) The minority leader of the Senate and the minority leader of the House of Representatives; (4) The chairpersons of the Senate Finance Committee and the House Committee on Ways and Means; (5) Two members of the Senate to be appointed by the President of the Senate, one from the majority party and one from the minority party; and (6) Two members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one from the majority party and one from the minority party. (b) The Special Joint Committee on Georgia Revenue Structure shall elect two persons, one Senator and one Representative, to serve as co-chairpersons of the special joint committee. 28-12-2. (a) The Special Joint Committee on Georgia Revenue Structure created in Code Section 28-12-1 shall during the 2016 legislative session cause to be introduced in the House of Representatives one or more bills or resolutions relating to tax reform, and such legislation shall, after its introduction, be referred directly and only to the special joint committee. (b) If the special joint committee recommends that one or more bills or resolutions referred to it do pass or do pass by committee substitute, the measure or measures recommended by the special joint committee shall then be in order for consideration only by the House of Representatives at any time fixed by the Speaker of the House of Representatives. Any such bill or resolution shall be reported directly to the floor of the House of Representatives and shall receive an up or down vote as reported from the special joint committee without amendment. (c) If one or more bills or resolutions referred by the special joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration only by the Senate at any time fixed by the President of the Senate. Any such bill or resolution shall be reported directly to the floor of the Senate and shall receive an up or down vote as reported from the House of Representatives without amendment. (d) Any bills or resolutions considered as provided for in this Code section shall be read three times on three separate days in each house and shall be considered in FRIDAY, MARCH 20, 2015 1939 compliance with all other requirements of the Constitution. (e) The rules of the Senate and the House of Representatives for the 2016 legislative session may, as adopted or as amended, contain such provisions as may be necessary or appropriate to comply with the legislative process specified by this Code section. 28-12-3. This chapter shall stand repealed by operation of law on July 1, 2016." On the adoption of the amendment, there were no objections, and the Williams of the 19th, et al. amendment #4 to the committee substitute was adopted. Senator Henson of the 41st offered the following amendment #5: Amend LC 34 4633S, substitute to HB 170 by striking lines 51 - 58 On the adoption of the amendment, the President asked unanimous consent. Senator Gooch of the 51st objected. On the adoption of the amendment, Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler E Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims E Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 18, nays 36, and the Henson amendment #5 to the committee substitute was lost. 1940 JOURNAL OF THE SENATE Senator Parent of the 42nd offered the following amendment #6: Amend the Senate Transportation Committee substitute to HB 170 (LC 34 4633S) by striking lines 166 through 176 and inserting in lieu thereof the following: amended by revising subsections (a) and (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; and electricity, including electricity from solar energy. (2) 'Clean fueled vehicle' means a motor vehicle which has been certified by the Environmental Protection Agency to meet, for any model year, a set of emission standards that classifies it as a low-emission vehicle or zero emission vehicle. (3) 'Conventionally fueled vehicle' means a motor vehicle which is fueled solely by a petroleum based fuel such as gasoline or diesel. (4) 'Converted vehicle' means a motor vehicle that is retrofitted so that it is fueled solely by an alternative fuel and which meets the emission standards set forth for that class of low-emission vehicles as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles, as amended, when operating on such alternative fuel, or which meets the emission standards set forth for zero emission vehicles as defined under rules and regulations of the Board of Natural Resources. (5) 'Low-emission vehicle' means a motor vehicle which is fueled solely by an alternative fuel and which meets emission standards as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles classified as low-emission vehicles, as amended, when operating on such alternative fuel. (6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Department of Revenue, except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of Code Section 40-1-1. (6.1) 'Plug-in electric vehicle' means a motor vehicle which is fully or partially functional on electricity, provided that any such vehicle shall have a battery capacity of not less than four kilowatt hours and be capable of being recharged from an external source of electricity. (7) 'Zero emission vehicle' means a motor vehicle which has zero tailpipe and evaporative emissions as defined under rules and regulations of the Board of Natural Resources applicable to clean fueled vehicles, as amended, and shall include an electric vehicle whose drive train is powered solely by electricity, provided said electricity is not provided by any on-board combustion device. (b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer FRIDAY, MARCH 20, 2015 1941 for the purchase or lease of a new low-emission vehicle, new plug-in electric vehicle, or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be: (1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (B) For any new plug-in electric vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(C) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle, new plug-in electric vehicle, or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be 10 percent of the cost of such vehicle or $2,500.00, whichever is less; provided, however, that the maximum amount of tax credits issued under this paragraph in fiscal year 2016 shall be $25 million, in fiscal year 2017 shall be $25 million, and in fiscal year 2018 shall be $25 million." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler E Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims E Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 18, nays 36, and the Parent amendment #6 to the committee substitute was lost. 1942 JOURNAL OF THE SENATE Senator Parent of the 42nd offered the following amendment #7: Amend the Senate Transportation Committee substitute to HB 170 (LC 34 4633S) by deleting lines 47 through 50 and inserting in lieu thereof the following: (c) Priority of funds to be expended shall be given to the maintenance of highway infrastructure unless funds are necessary due to a declared state of emergency, required under federal law, or used to obtain federal funding for a project." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler E Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims E Stone Y Tate N Thompson, B Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 17, nays 36, and the Parent amendment #7 to the committee substitute was lost. Senator Jones of the 10th and Henson of the 41st offered the following amendment #8: Amend LC 34 4633S, substitute to HB 170 by inserting on line 4 after the word "Transportation;" "to require the Department of Transportation to designate a Minority Compliance Officer;" by inserting between lines 28 and 29 the following: FRIDAY, MARCH 20, 2015 1943 " Part 1A Section 1A-1 Title 32 of the Official Code of Georgia Annotated relating to highways, bridges, and ferries is amended by adding a new code section to read as follows: "32-2-82. The department shall designate a Minority Compliance Officer who shall be tasked with improving minority-owned business participation in state and federal projects." On the adoption of the amendment, the President asked unanimous consent. Senator Gooch of the 51st objected. On the adoption of the amendment, the yeas were 16, nays 34, and the Jones of the 10th, Henson amendment #8 to the committee substitute was lost. Senator Albers of the 56th and Crane of the 28th offered the following amendment #9: Amend LC 34 4633S to HB 170 by deleting line 19 and inserting in lieu thereof the following: amend Part 3 of Article 2 of Chapter 10 By deleting the quotation marks at the end of line 50 and inserting between lines 50 and 51 the following: (d) The plan provided for in this Code Section shall be posted on the department's website and updated on an annual basis". By deleting "200.00" and Inserting "95.00" on line 113; By deleting "300.00" and inserting "195.00" on line 115; By deleting lines 128 through 142; By deleting line 526 and inserting in lieu thereof the following: (a) (1) An excise tax is imposed at the rate of 20 per gallon on distributors whom By deleting lines 666 through 684 On the adoption of the amendment, the President ruled the Albers, Crane amendment #9 to the committee substitute out of order. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. 1944 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch N Harbin N Harbison Y Harper N 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 N Jones, H Y Kennedy Y Kirk N Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims E Stone N Tate N Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 29, nays 25. HB 170, having received the requisite constitutional majority, was passed by substitute. Senator David Shafer, President Pro Tempore, assumed the Chair. Senator Cowsert of the 46th asked unanimous consent that HB 184, having been placed on the Table on Thursday, March 18, 2015, be taken from the Table and put upon its passage. The consent was granted. HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in FRIDAY, MARCH 20, 2015 1945 merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims E Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 184, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Monday, March 23, 2015; the motion prevailed, and at 2:36 p.m. the President announced the Senate adjourned. 1946 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 23, 2015 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 message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 617. By Representatives Carson of the 46th, Parsons of the 44th, Dollar of the 45th, Wilkerson of the 38th, Evans of the 42nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for an effective date; 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 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others: 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 MONDAY, MARCH 23, 2015 1947 to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; 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 254. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that court; 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 730. By Representative Marin of the 96th: A RESOLUTION commending Latino media and recognizing March 24, 2015, as Latino Media Day at the state capitol; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 230. By Senators Hufstetler of the 52nd, Unterman of the 45th, Burke of the 11th and Watson of the 1st: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 232. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd: 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, 1948 JOURNAL OF THE SENATE particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4102), 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 Committee on State and Local Governmental Operations. SB 233. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd: 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 April 10, 2014 (Ga. L. 2014, p. 4267), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 234. By Senators Beach of the 21st and Albers of the 56th: A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), so as to change provisions relating to the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 235. By Senator McKoon of the 29th: 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 dates for conducting certain special elections; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. MONDAY, MARCH 23, 2015 1949 SR 560. By Senators Unterman of the 45th, Burke of the 11th, Hufstetler of the 52nd, Millar of the 40th and Shafer of the 48th: A RESOLUTION creating the Senate Women's Adequate Healthcare Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. SR 561. By Senators Burke of the 11th, Bethel of the 54th, Jones of the 25th, Watson of the 1st and Hufstetler of the 52nd: A RESOLUTION creating the Senate Study Committee on the Consumer and Provider Protection Act (SB 158); and for other purposes Referred to the Committee on Health and Human Services. SR 564. By Senators Black of the 8th, Tippins of the 37th, Wilkinson of the 50th, Hufstetler of the 52nd and Millar of the 40th: A RESOLUTION creating the Senate Study Committee on School Construction; and for other purposes. Referred to the Committee on Education and Youth. SR 566. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Abusive Billing Practices Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. The following House legislation was read the first time and referred to committee: HB 617. By Representatives Carson of the 46th, Parsons of the 44th, Dollar of the 45th, Wilkerson of the 38th, Evans of the 42nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy 1950 JOURNAL OF THE SENATE chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 215 Do Pass by substitute HB 277 Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 118 Do Pass HB 325 Do Pass HB 278 Do Pass HB 393 Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate the following action: HB 106 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Committee on Rules to the Senate Committee on Transportation from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd District, Chairman MONDAY, MARCH 23, 2015 1951 Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 424 HB 576 HB 580 HB 583 Do Pass Do Pass Do Pass Do Pass HB 570 HB 577 HB 582 SB 224 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following legislation was read the second time: HB 1 HB 225 HR 304 HB 117 HB 320 SR 84 HB 160 HB 353 SR 449 HB 172 HB 515 SR 462 HB 198 HB 520 HB 199 HB 540 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 Cowsert of the 46th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused. Senator Kirk of the 13th asked unanimous consent that Senator Bethel of the 54th be excused. The consent was granted, and Senator Bethel was excused. The roll was called and the following Senators answered to their names: Albers Beach Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Millar Mullis Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Thompson, C Tippins 1952 JOURNAL OF THE SENATE Harbin Harbison Harper Heath Henson Kirk Ligon Lucas Martin McKoon Tolleson Watson Wilkinson Williams, M Williams, T Not answering were Senators: Bethel (Excused) Parent Miller Unterman (Excused) Orrock (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Kennedy of the 18th introduced the chaplain of the day, Dr. Tim McCoy of Macon, Georgia, who offered scripture reading and prayer. Senator Parent of the 42nd introduced the doctor of the day, Dr. Helen M. Ward. Senator James of the 35th honored the life and memory of Terence Avery Green, commended by SR 488, adopted previously. Fulton County Police Chief Cassandra A. Jones addressed the Senate briefly. Parents Johnny and Bertha Green addressed the Senate briefly. Senator Jackson of the 2nd congratulated the Bethesda Academy High School Basketball Team on winning the South Carolina Independent School Association (SCISA) Class AA State Championship, commended by SR 523, adopted previously. Coach Clevan Thompson addressed the Senate briefly. Senator Seay of the 34th recognized Mr. Calvin E. Booker, Sr., commended by SR 482, adopted previously. Mr. Calvin E. Booker, Sr. addressed the Senate briefly. Senator Jones of the 10th recognized Wadsworth Magnet School for High Achievers and congratulated it upon its many achievements, commended by SR 416, adopted previously. Principal Cornelia Crum addressed the Senate briefly. Senator Mullis of the 53rd moved to suspend the Senate Rules in order to first read legislation and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: MONDAY, MARCH 23, 2015 1953 SB 236. By Senator Mullis of the 53rd: A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following resolutions were read and adopted: SR 562. By Senators Davenport of the 44th and Seay of the 34th: A RESOLUTION honoring the life and memory of Darryl Deon Wallace; and for other purposes. SR 563. By Senators Henson of the 41st, Orrock of the 36th, Butler of the 55th, Sims of the 12th and Harbison of the 15th: A RESOLUTION commending Berklee College of Music and recognizing the fifth anniversary of the Berklee College of Music's Atlanta Spring Break Trip; and for other purposes. SR 565. By Senators Jones of the 10th and Seay of the 34th: A RESOLUTION commending Emani Lynn Jones for her many accomplishments; and for other purposes. HR 730. By Representative Marin of the 96th: A RESOLUTION commending Latino media and recognizing March 24, 2015, as Latino Media Day at the state capitol; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday March 23, 2015 Thirty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 1954 SB 224 HB 424 HB 570 HB 576 JOURNAL OF THE SENATE Thompson of the 5th Martin of the 9th Unterman of the 45th LAWRENCEVILLE BUILDING AUTHORITY A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd CITY OF LAFAYETTE A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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. Albers of the 56th Beach of the 21st 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 7, 2013 (Ga. L. 2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes. Albers of the 56th Harper of the 7th CITY OF BROXTON A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for four-year terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes. HB 577 HB 580 HB 582 HB 583 MONDAY, MARCH 23, 2015 1955 Ramsey, Sr. of the 43rd Jeffares of the 17th ROCKDALE COUNTY A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Harbison of the 15th McKoon of the 29th RECORDER'S COURT OF COLUMBUS A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such Act; to repeal conflicting laws; and for other purposes. Crane of the 28th COWETA COUNTY WATER AND SEWERAGE AUTHORITY A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes. Thompson of the 14th Rhett of the 33rd Hill of the 6th Tippins of the 37th Hill of the 32nd Tate of the 38th 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 1956 JOURNAL OF THE SENATE 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. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 51, nays 2. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR MONDAY, MARCH 23, 2015 THIRTY-FOURTH LEGISLATIVE DAY HB 164 Professional Standards Commission; professional learning requirements for certification renewal; extend the suspension (ED&Y-50th) Martin-49th MONDAY, MARCH 23, 2015 1957 HB 174 Urban Redevelopment Law; include blighted areas; provisions (SLGO(G)-30th) Jones-62nd HB 366 Employment of minors; issuance of employment certificates; change certain provisions (I&L-9th) Strickland-111th HB 368 Construction; glass installations; repeal and reserve Part 5 of said article (RI&U-29th) Strickland-111th HB 477 Abandoned public road property; notice and right to acquire when located within a subdivision; provide (Substitute)(SLGO(G)-56th) Jones-47th HB 554 Henry County; Board of Commissioners; authority, roles, and responsibilities of chairperson, board of commissioners and county manager; define (SLGO(G)-56th) Rutledge-109th 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 164. By Representatives Martin of the 49th and Casas of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules for purposes of conformity; to provide for related matters; 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 Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 1958 JOURNAL OF THE SENATE Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 0. HB 164, having received the requisite constitutional majority, was passed. HB 174. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for related matters; 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: Y Albers Y Beach Y Bethel Y Black Y Burke Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Orrock Y Parent Y Ramsey Y Rhett Y Seay MONDAY, MARCH 23, 2015 1959 Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 2. HB 174, having received the requisite constitutional majority, was passed. HB 366. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Martin of the 9th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 1960 JOURNAL OF THE SENATE Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 50, nays 5. HB 366, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th was excused for business outside the Senate Chamber. HB 368. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so as to repeal and reserve Part 5 of said article, relating to glass installations; to provide for related matters; to provide for 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 Beach E Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey MONDAY, MARCH 23, 2015 1961 Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 368, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. 1962 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 76. The consent was granted, and the Senate insisted on its substitute to HB 76. The Calendar was resumed. HB 477. By Representative Jones of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 477: A BILL TO BE ENTITLED AN ACT To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is MONDAY, MARCH 23, 2015 1963 located within a subdivision; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that newly incorporated municipalities shall assume ownership and control of county road rights of way located within the area incorporated; 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. Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, is amended by revising paragraph (1) of subsection (a) as follows: "(a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. In the event that all or a portion of the property subject to disposition is a roadway located in a subdivision with a duly formed property owner's association, the notice for that roadway portion of the property within such subdivision may be provided to the association in lieu of the individual owners of abutting land. The notice shall be in writing delivered to the appropriate owner or association or by publication if his or her the owner's or association's address is unknown; and he or she the owner or the association, as applicable, shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section." SECTION 2. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by adding a new Code section to read as follows: "36-31-7.1. (a) When a new municipal corporation is created by Act of the General Assembly, the new municipality shall assume the ownership, control, care, and maintenance of county road rights of way located within the area incorporated unless the municipality and the 1964 JOURNAL OF THE SENATE county agree otherwise by joint resolution. (b) This Code section shall apply to any new municipal corporation created by Act of the General Assembly on or after April 15, 2005." 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 Beach E Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M N Williams, T On the passage of the bill, the yeas were 48, nays 4. HB 477, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 23, 2015 1965 HB 554. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others: A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. Senator Jones of the 10th moved that HB 554 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Beach E Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport Dugan Y Fort N Ginn N Gooch N Harbin Harbison Y Harper N 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 Y Jones, H N Kennedy N Kirk N Ligon Y Lucas Y Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims Y Stone Y Tate N Thompson, B N Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the motion, the yeas were 19, nays 33; the motion lost, and HB 554 was not placed on the Table. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1966 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach E Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B N Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 36, nays 17. HB 554, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, 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 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, MONDAY, MARCH 23, 2015 1967 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. The Speaker has appointed on the part of the House, Representatives England of the 116th, Jones of the 47th, and Powell of the 171st. The following bill was taken up to consider House action thereto: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 76 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, Cowsert of the 46th and Shafer of the 48th. Senator Cowsert of the 46th asked unanimous consent that HB 246, having been placed on the Table on Thursday, March 18, 2015, be taken from the Table and put upon its passage. The consent was granted. HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to 1968 JOURNAL OF THE SENATE foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 27th. Senator McKoon of the 29th offered the following amendment #1: Amend HB 246 (LC 29 6308ER) by replacing "1975.'" with "1975.'"" at the end of line 212 and deleting lines 213 through 216. On the adoption of the amendment, the President asked unanimous consent. Senator Williams of the 27th objected. On the adoption of the amendment, the yeas were 22, nays 14, and the McKoon amendment #1 was adopted. Senator McKoon of the 29th offered the following amendment #2: Amend HB 246 (LC 29 6308ER) by replacing line 124 with the following: refuse to certify an applicant when it finds by clear and convincing On the adoption of the amendment, there were no objections, and the McKoon 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate MONDAY, MARCH 23, 2015 1969 Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. HB 246, having received the requisite constitutional majority, was passed as amended. Senator Martin of the 9th asked unanimous consent that the following bill be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Agriculture and Consumer Affairs: HB 245. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change the amount permissible as a special assessment fee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Martin of the 9th moved to withdraw his previous motion. There was no objection and the motion was withdrawn. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 24, 2015. The motion prevailed, and the President announced the Senate adjourned at 12:31 p.m. 1970 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 24, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 618. By Representative Dukes of the 154th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes. HB 619. By Representative Epps of the 144th: A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 24, 2015 1971 HB 625. By Representatives Frye of the 118th, Quick of the 117th and Williams of the 119th: A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 626. By Representative Shaw of the 176th: A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of the city; 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 has passed by the requisite constitutional majority the following Bills of the Senate: SB 62. By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A., relating to general hunting provisions, so as to prohibit the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to 1972 JOURNAL OF THE SENATE general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 197. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes. SB 211. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes. SB 212. By Senator Kirk of the 13th: A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 237. By Senator Gooch of the 51st: A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. TUESDAY, MARCH 24, 2015 1973 SR 570. By Senators Thompson of the 14th, Albers of the 56th, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd and others: A RESOLUTION creating the Senate Pool Industry Standards and Licensing Study Committee; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 573. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Court of Appeals Workload Study Committee; and for other purposes. Referred to the Committee on Judiciary. The following House legislation was read the first time and referred to committee: HB 618. By Representative Dukes of the 154th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 619. By Representative Epps of the 144th: A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 1974 JOURNAL OF THE SENATE HB 625. By Representatives Frye of the 118th, Quick of the 117th and Williams of the 119th: A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 626. By Representative Shaw of the 176th: A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of the city; 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 Committee on State and Local Governmental Operations. 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 Confirm as submitted Respectfully submitted, Lt. Governor Casey Cagle, Chairman Mr. President: The Committee on Agriculture and Consumer Affairs has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: TUESDAY, MARCH 24, 2015 1975 HB 255 HB 397 Do Pass Do Pass by substitute Respectfully submitted, Senator Wilkinson of the 50th District, Chairman Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 401 Do Pass Respectfully submitted, Senator Tippins of the 37th District, Chairman Mr. President: The Committee on Ethics has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 121 Do Pass HB 370 Do Pass by substitute Respectfully submitted, Senator Burke of the 11th District, Chairman Mr. President: The Committee on Government Oversight 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 259 HB 386 Do Pass by substitute Do Pass Do Pass HB 252 Do Pass HB 385 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman 1976 JOURNAL OF THE SENATE Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 84 Do Pass HB 470 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 71 Do Pass by substitute HB 328 Do Pass by substitute HB 263 Do Pass by substitute HB 361 Do Pass Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 48 Do Pass HB 310 Do Pass HB 147 Do Pass HB 375 Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: TUESDAY, MARCH 24, 2015 1977 HB 217 HB 256 HB 266 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Hufstetler of the 52nd District, Chairman Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate the following action: HB 172 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Committee on Rules to the Senate Committee on Natural Resources and the Environment from the General Calendar. HB 225 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Committee on Rules to the Senate Committee on Science and Technology from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 559 HB 597 HB 599 Do Pass Do Pass Do Pass HB 594 Do Pass HB 598 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1978 JOURNAL OF THE SENATE HB 106 HR 36 HR 215 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 118 HB 215 HB 277 HB 278 HB 325 HB 393 Senator Kirk of the 13th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Butler of the 55th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Hill, H Hill, Jack Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Ramsey Rhett Seay Shafer Sims Stone Tate Tippins Tolleson Unterman Watson Wilkinson Williams, M Not answering were Senators: Hill, Judson (Excused) Thompson, B. Jones, H. Thompson, C. (Excused) Parent Williams, T. TUESDAY, MARCH 24, 2015 1979 The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Parent of the 42nd Jones of the 22nd 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, Dr. Walter L. Glover, Jr. of Macon, Georgia, who offered scripture reading and prayer. Senator Gooch of the 51st recognized the White County Color and Honor Guard, commended by SR 149, adopted previously. President Charlie Thomas addressed the Senate briefly. Senator James of the 35th recognized Ms. Charlene Coburn for a lifetime of outstanding achievements, commended by SR 182, adopted previously. Ms. Charlene Coburn addressed the Senate briefly. Senator Dugan of the 30th recognized the University of West Georgia football team for their record-breaking season, commended by SR 273, adopted previously. Head Coach Will Hall addressed the Senate briefly. Senator Cowsert of the 46th recognized Philip D. Lanoue, Ph.D., National Superintendent of the Year, commended by SR 500, adopted previously. Philip D. Lanoue addressed the Senate briefly. The following resolution was read and adopted: SR 568. By Senators Miller of the 49th, Ginn of the 47th, Wilkinson of the 50th, Cowsert of the 46th and Bethel of the 54th: A RESOLUTION recognizing March 24, 2015, as Georgia Law School Day; and for other purposes. Senator Miller of the 49th spoke to the resolution. Student Bar Association President Carey Miller addressed the Senate briefly. Senator Harper of the 7th recognized and honored Officer John K. Wilson, commended by SR 439, adopted previously. Officer John K. Wilson addressed the Senate briefly. Senator Harper of the 7th recognized and honored J. Dale Mann, commended by SR 440, adopted previously. J. Dale Mann addressed the Senate briefly. 1980 JOURNAL OF THE SENATE Senator Hill of the 6th introduced the doctor of the day, Dr. Randy F. Rizor. The following resolutions were read and adopted: SR 567. By Senator Jackson of the 2nd: A RESOLUTION congratulating the Benedictine High School Cadets football team for winning the 2014 Class AA State Championship; and for other purposes. SR 569. By Senators James of the 35th, Ramsey, Sr. of the 43rd and Rhett of the 33rd: A RESOLUTION commending the DECA program at Langston Hughes High School; and for other purposes. SR 571. By Senator Tippins of the 37th: A RESOLUTION recognizing March 25, 2015, as Kennesaw State University Day at the state capitol and commending Kennesaw State University and its many contributions to the State of Georgia and higher education; and for other purposes. SR 572. By Senators Gooch of the 51st, Shafer of the 48th, Cowsert of the 46th, Mullis of the 53rd, McKoon of the 29th and others: A RESOLUTION honoring the life and memory of Jacqualyn Susanne King; and for other purposes. SR 574. By Senator Shafer of the 48th: A RESOLUTION commending the faculty, staff, and students of Taylor Road Middle School; and for other purposes. SR 575. By Senators Ligon, Jr. of the 3rd, Wilkinson of the 50th, Williams of the 19th, Hill of the 6th, Gooch of the 51st and others: A RESOLUTION recognizing Coastal Georgia Honor Flight and commending Georgia's World War II and Korean War veterans; and for other purposes. SR 576. By Senator Miller of the 49th: A RESOLUTION commending the Americans with Disabilities Act Atlanta Symposium and the Society for Disability Studies Atlanta Conference; and for other purposes. TUESDAY, MARCH 24, 2015 1981 Senator Thompson of the 14th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 24, 2015 Thirty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 559 Stone of the 23rd MCDUFFIE COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 594 Jones of the 25th BALDWIN COUNTY A BILL to be entitled an Act to authorize the governing authority of Baldwin County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 597 Butler of the 55th Parent of the 42nd Millar of the 40th Jones of the 10th Davenport of the 44th Henson of the 41st DEKALB COUNTY A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as 1982 HB 598 HB 599 JOURNAL OF THE SENATE amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for related matters; to repeal conflicting laws; and for other purposes. Millar of the 40th Parent of the 42nd Henson of the 41st Jones of the 10th Butler of the 55th Ramsey, Sr. of the 43rd Davenport of the 44th DEKALB COUNTY A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes. Millar of the 40th Parent of the 42nd Henson of the 41st Jones of the 10th Butler of the 55th Ramsey, Sr. of the 43rd Davenport of the 44th DEKALB COUNTY A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; TUESDAY, MARCH 24, 2015 1983 to provide for certain reports; to provide for funding; to provide for oversight; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the local legislation, the yeas were 48, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. HB 1 SENATE RULES CALENDAR TUESDAY, MARCH 24, 2015 THIRTY-FIFTH LEGISLATIVE DAY Haleigh's Hope Act; enact (Substitute)(H&HS-49th) Peake-141st HB 18 Professional engineers and land surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt (RI&U-56th) Spencer-180th 1984 JOURNAL OF THE SENATE HB 62 HB 86 HB 198 HB 320 HB 348 Special needs students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide (ED&Y-49th) Tanner-9th Social services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions (H&HS-45th) Benton-31st Jason Flatt Act-Georgia; enact (H&HS-45th) Dempsey-13th Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions (H ED-47th) Williams-119th Labor; create State Workforce Development Board; provisions (I&L-30th) Dickey-140th 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 1. By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Committee on Health and Human Services offered the following substitute to HB 1: TUESDAY, MARCH 24, 2015 1985 A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to public health and morals, so as to provide for the possession of low THC oil under certain circumstances; to provide for definitions; to provide for penalties; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a registration within the Department of Public Health for individuals or caregivers who are authorized to possess low THC oil; to define certain terms; to provide for registration cards; to provide for procedure; to create the Georgia Commission on Medical Cannabis; to provide for membership, procedures, duties, and responsibilities; to provide for an automatic repeal of the commission; to allow the Board of Regents of the University System of Georgia to create or work with others to create a research program using low THC oil in treating certain residents of this state who have medication-resistant epilepsies; to provide for permits to be issued to program participants and others; to provide for automatic repeal of the research program; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, so as to provide for limited liability for health care institutions and health care providers that permit the possession, administration, or use of low THC oil by an individual or caregiver on their premises in accordance with the laws of this state; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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 "Haleigh's Hope Act." SECTION 1-2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new article to read as follows: "ARTICLE 8 16-12-190. As used in this article, the term 'low THC oil' means an oil that contains not more than 5 percent by weight of tetrahydrocannabinol and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol. 16-12-191. (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if: 1986 JOURNAL OF THE SENATE (A) Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18; (B) Such person has in his or her possession a registration card issued by the Department of Public Health; and (C) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor. (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if: (A) Such person is involved in a clinical research program being conducted by the Board of Regents of the University System of Georgia or any authorized clinical trial or research study in this state or their authorized agent pursuant to Chapter 51 of Title 31 as: (i) A program participant; (ii) A parent, guardian, or legal custodian of a program participant; (iii) An employee of the board of regents designated to participate in the research program; (iv) A program agent; (v) A program collaborator and their designated employees; (vi) A program supplier and their designated employees; (vii) A program physician; (viii) A program clinical researcher; (ix) Program pharmacy personnel; or (x) Other program medical personnel; (B) Such person has in his or her possession a permit issued as provided in Code Section 31-51-7; and (C) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor. (c) Notwithstanding any provision of Chapter 13 of this title, any person having possession of or under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes, dispenses, sells, or possesses with the intent to distribute low THC oil shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years, a fine not to exceed $50,000.00, or both. (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells, TUESDAY, MARCH 24, 2015 1987 manufactures, delivers, brings into this state, or has possession of 160 or more fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC oil and, upon conviction thereof, shall be punished as follows: (1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid ounces, by imprisonment for not less than five years nor more than ten years and a fine not to exceed $100,000.00; (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 fluid ounces, by imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00; and (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not to exceed $1 million. (e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a research program being conducted by the Board of Regents of the University System of Georgia or its authorized agent pursuant to Chapter 51 of Title 31 as an employee of the board of regents designated to participate in such program, a program agent, a program collaborator and their designated employees, a program supplier and their designated employees, a physician, clinical researcher, pharmacy personnel, or other medical personnel, provided that such person has in his or her possession a permit issued as provided in Code Section 31-5-7 and such possession, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31." PART II SECTION 2-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 2A, relating to the Department of Public Health, by adding a new Code section to read as follows: "31-2A-18. (a) As used in this Code section, the term: (1) 'Board' means the Georgia Composite Medical Board. (2) 'Caregiver' means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult. (3) 'Condition' means: (A) Cancer, when such diagnosis is end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting; (B) Amyotrophic lateral sclerosis, when such diagnosis is severe or end stage; (C) Seizure disorders related to diagnosis of epilepsy or trauma related head injuries; (D) Multiple sclerosis, when such diagnosis is severe or end stage; (E) Crohn's disease; (F) Mitochondrial disease; (G) Parkinson's disease, when such diagnosis is severe or end stage; or (H) Sickle cell disease, when such diagnosis is severe or end stage. (4) 'Department' means the Department of Public Health. 1988 JOURNAL OF THE SENATE (5) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. (6) 'Physician' means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (7) 'Registry' means the Low THC Oil Patient Registry. (b) There is established within the department the Low THC Oil Patient Registry. (c) The purpose of the registry is to provide a registration of individuals and caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to individuals and caregivers. Only individuals residing in this state for at least one year or a child born in this state less than one year old shall be eligible for registration under this Code section. Nothing in this Code section shall apply to any Georgia residents living temporarily in another state for the purpose of securing THC oil for treatment of any condition under this Code section. (d) The department shall issue a registration card to individuals and caregivers as soon as practicable but no later than September 1, 2015, when an individual has been certified to the department by his or her physician as being diagnosed with a condition and has been authorized by such physician to use low THC oil as treatment for such condition. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying an individual as needing low THC oil and physicians shall be required to be treating an individual for the specific condition requiring such treatment. (e) The board shall require physicians to issue quarterly reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular condition, clinical responses, compliance, responses to treatment, side effects, and drug interactions. (f) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed: (1) Upon written request of an individual or caregiver registered pursuant to this Code section; and (2) To peace officers and prosecuting attorneys for the purpose of: (A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section. (g) The board shall develop a waiver form that will advise that the use of cannabinoids and THC containing products have not been approved by the FDA and the clinical benefits are unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his or her approval for registration." TUESDAY, MARCH 24, 2015 1989 PART III SECTION 3-1. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 50 31-50-1. (a) There is created the Georgia Commission on Medical Cannabis. (b) As used in this chapter, the term 'commission' means the Georgia Commission on Medical Cannabis. 31-50-2. (a) The commission shall consist of 17 members. The commissioner of public health, the director of the Georgia Bureau of Investigation, the director of the Georgia Drugs and Narcotics Agency, the commissioner of agriculture, the chairperson of the Georgia Composite Medical Board, and the Governor's executive counsel shall be permanent members of the commission. The permanent members of the commission may designate another individual to serve in his or her stead. The remaining members of the commission shall be appointed by the Governor on or before July 1, 2015. The remaining members shall be: (1) Two members of the Senate; (2) Two members of the House of Representatives; (3) A board certified hematologist-oncologist; (4) A board certified neurologist; (5) A board certified gastroenterologist; (6) A board certified pharmacist; (7) An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia or a prosecuting attorney; (8) A sheriff; and (9) A police chief. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The chairperson shall only vote to break a tie. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. The commission may create committees from among its 1990 JOURNAL OF THE SENATE membership as well as appoint other persons to serve in an advisory capacity to the commission in implementing this chapter. (f) The commission shall be attached for administrative purposes only to the Department of Public Health in accordance with Code Section 50-4-3. The Department of Public Health may use any funds specifically appropriated to it to support the work of the commission. 31-50-3. (a) The commission 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 commission shall hold meetings at the call of the chairperson. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission 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 commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but shall be reimbursed for expenses incurred in the performance of their duties as members of the commission in the same manner as reimbursements are made in their capacity 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. 31-50-4. (a) The commission shall have the following duties: (1) To establish comprehensive recommendations regarding the potential regulation of medical cannabis in this state. Such recommendations shall include, without limitations, specification of the department or departments to have responsibility for the oversight of a state-sanctioned system related to medical cannabis. A detailed report, which shall be submitted no later than December 31, 2015, including a review of the conditions, needs, issues, and problems related to medical cannabis and any recommended action or proposed legislation which the commission deems necessary or appropriate shall be provided to the executive 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, Non-civil, the Senate Judiciary, Non-civil Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee; and (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to medical cannabis. TUESDAY, MARCH 24, 2015 1991 (b) The commission shall have the following powers: (1) To evaluate how the laws and programs affecting medical cannabis should operate in this state; (2) To request and receive data from and review the records of appropriate state agencies to the greatest extent allowed by state and federal law; (3) To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties; (4) To establish rules and procedures for conducting the business of the commission; and (5) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) Subject to the availability of funds, the commission 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 commission. 31-50-5. This chapter shall stand repealed on June 30, 2016." PART IV SECTION 4-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows: "CHAPTER 51 31-51-1. (a) As used in this chapter, the term 'low THC oil' shall have the same meaning as set forth in Code Section 16-12-190. (b) The Board of Regents of the University System of Georgia may cause to be designed, developed, implemented, and administered a low THC oil research program to develop rigorous data that will inform and expand the scientific community's understanding of potential treatments for individuals under 18 years of age with medication-resistant epilepsies. (c) Any such program shall adhere to the regulatory process established by the federal Food, Drug, and Cosmetic Act, as well as other federal laws and regulations governing the development of new medications containing controlled substances. (d) Any universities and nonprofit institutions of higher education that conduct research may continue any research that is permitted under federal law as well as any additional research is permitted under this chapter. 31-51-2. To the extent permissible under this chapter, any research program developed pursuant to this chapter shall be designed to permit the voluntary enrollment of all individuals 1992 JOURNAL OF THE SENATE under 18 years of age having medication-resistant epilepsies who are residents of this state and who: (1) Have been residents of this state for the 24 month period immediately preceding their entry into the program; or (2) Have been residents of this state continuously since birth if they are less than 24 months old at the time of their entry into the program. 31-51-3. (a) For purposes of this chapter, the board of regents may act through a unit of the University System of Georgia, a nonprofit corporation research institute, or a nonprofit institution of higher education that conducts research, or any combination thereof. (b) Any nonprofit corporation research institute approved by the board of regents to participate in the research program established under this chapter shall be required to have the necessary experience, expertise, industry standards and security procedures, and infrastructure to implement such research in accordance with accepted scientific and regulatory standards. (c) The board of regents and its authorized agent may enter into such agreements, among themselves and with other parties, as are reasonable and necessary to implement the provisions of this chapter. 31-51-4. (a) The board of regents or its authorized agent may designate an FDA approved supplier of low THC oil and collaborate with a designated supplier to develop a clinical trial or research study protocol to study the use of low THC oil in the treatment of individuals under 18 years of age with medication-resistant epilepsies, which trial or research study shall be conducted at one or more locations in this state. Such supplier shall be required to supply a source of low THC oil that has been standardized and tested in keeping with such standards. (b) The board of regents or its authorized agent shall work with any supplier of low THC oil to commit personnel and other resources to such collaboration and to supply low THC oil for a collaborative study under reasonable terms and conditions to be agreed upon mutually. 31-51-5. Any public record, as defined by Code Section 50-18-70, produced pursuant to this chapter shall be exempt from disclosure to the extent provided by Code Section 50-1872. 31-51-6. All activities undertaken pursuant to this chapter shall be subject to availability of funds appropriated to the board of regents or to any other academic or research institution or otherwise made available for purposes of this chapter. TUESDAY, MARCH 24, 2015 1993 31-51-7. (a)(1) Research program participants and their parents, guardian, or legal custodian, employees of the board of regents designated to participate in the research program, program agents and collaborators and their designated employees, and program suppliers of low THC oil and their designated employees shall be immune from state prosecution as provided in Code Section 16-12-191. (2) Physicians, clinical researchers, pharmacy personnel, and all medical personnel in the research program authorized by this chapter shall be immune from state prosecution as provided in Code Section 16-12-191. (b) For purposes of providing proof of research program participation, the board of regents or its agent which administers the research program authorized by this chapter shall provide appropriate permits, suitable for carrying on their persons or display, as applicable, to research program participants and their parents, guardian, or legal custodian, employees of the board of regents designated to participate in the research program, program agents and collaborators and their designated employees, program suppliers of low THC oil and their designated employees, physicians, clinical researchers, pharmacy personnel, and all medical personnel in the program. 31-51-8. The board of regents may establish fees for program participants in such amounts as are reasonable to offset program costs. 31-51-9. The board of regents may adopt such rules and regulations as are reasonable and necessary for purposes of this chapter. 31-51-10. This chapter shall stand repealed on July 1, 2020." PART V SECTION 5-1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, is amended by adding a new Code section to read as follows: "51-1-29.6. (a) As used in this Code section, the term: (1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18. (2) 'Health care institution' shall have the same meaning as set forth in Code Section 51-1-29.5. (3) 'Health care provider' means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4 of Title 26. (4) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. 1994 JOURNAL OF THE SENATE (b) A health care institution shall not be subject to any civil liability, penalty, licensing sanction, or other detrimental action and a health care provider shall not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary action by a professional licensing board, or other detrimental action for allowing an individual or caregiver to possess, administer, or use low THC oil on the premises of a health care institution or offices of a health care provider provided that the possession of such substance is in accordance with the laws of this state." PART VI SECTION 6-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. Senator Tippins of the 37th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to HB 1 (LC 37 1997S) by inserting "to provide for effect of federal law;" following "penalties;" on line 3; following procedure;" on line 7; and following "state;" on line 16. By striking the quotation marks at the end of line 97 and inserting between lines 97 and 98 the following: 16-12-192. Any other provision of this article to the contrary notwithstanding, nothing in this article shall authorize any conduct which is prohibited by federal law." By striking the quotation marks at the end of line 159 and inserting between lines 159 and 160 the following: (h) Any other provision of this Code section to the contrary notwithstanding, nothing in this Code section shall authorize any conduct which is prohibited by federal law." By striking the quotation marks at the end of line 358 and inserting between lines 358 and 359 the following: (c) Any other provision of this Code section to the contrary notwithstanding, nothing in this Code section shall provide immunity for any conduct which is prohibited by federal law." On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 4, nays 44, and the Tippins amendment #1 to the committee substitute was lost. TUESDAY, MARCH 24, 2015 1995 Senator Tippins of the 37th offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 1 (LC 37 1997S) by inserting before the period at the end of line 30 the following: and has been manufactured and produced under the approval of the federal Food and Drug Administration and certified for purity and content By replacing lines 261 and 262 with the following: (a) As used in this chapter, the term 'low THC oil' means an oil that contains not more than 5 percent by weight of tetrahydrocannabinol and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol. 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 3, nays 48, and the Tippins amendment #2 to the committee substitute was lost. Senators Hufstetler of the 52nd, Tippins of the 37th, Ligon of the 3rd, Williams of the 19th, Cowsert of the 46th and others offered the following amendment #3: Amend Committee Substitute to HB 1 by on line 28 changing 5% to 0.3% On the adoption of the amendment, the President asked unanimous consent. Senator Hill of the 6th objected. On the adoption of the amendment, the yeas were 11, nays 40, and the Hufstetler, et al. amendment #3 to the committee substitute was lost. Senators Unterman of the 45th, Bethel of the 54th, Cowsert of the 46th and Burke of the 11th offered the following amendment #4: Amend the Senate Health and Human Services Committee substitute to HB 1 (LC 37 1997S) by deleting the quotation mark at the end of line 97 and by inserting after line 97 the following: (f) Nothing in this article shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form, or to affect the ability of an employer to have a written zero tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any employee from having a detectable amount of marijuana in such employee's system while at work." On the adoption of the amendment, there were no objections, and the Unterman, et al. amendment #4 to the committee substitute was adopted. 1996 JOURNAL OF THE SENATE Senator McKoon of the 29th offered the following amendment #5: Amend the Senate Health and Human Services Committee substitute to HB 1 (LC 37 1997S) by deleting on line 116 "or". By deleting at the end of line 117 "." and replacing with "; or" By inserting after line 117 the following: (I) Autism. On the adoption of the amendment, Senator McKoon of the 29th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers N Beach N Bethel N Black N Burke N Butler N Cowsert Y Crane N Davenport N Dugan Y Fort N Ginn Y Gooch Y Harbin N Harbison N Harper N Heath N Henson N Hill, H N Hill, Jack Y Hill, Judson N Hufstetler Y Jackson, B N Jackson, L N James N Jeffares N Jones, B N Jones, E N Jones, H N Kennedy N Kirk N Ligon N Lucas N Martin Y McKoon N Millar N Miller N Mullis N Orrock N Parent Y Ramsey N Rhett N Seay N Shafer N Sims N Stone N Tate E Thompson, B N Thompson, C Y Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M Y Williams, T On the adoption of the amendment, the yeas were 11, nays 44, and the McKoon amendment #5 to the committee substitute was lost. Senator Tippins of the 37th offered the following amendment #6: Amend the Senate Health and Human Services Committee substitute to HB 1 (LC 37 1997S) by replacing "to provide for an effective date;" with "to provide for effective dates;" on line 17. By revising lines 361 and 362 to read as follows: TUESDAY, MARCH 24, 2015 1997 (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1-2, 2-1, and 5-1 shall become effective only upon the effective date of enacted federal law authorizing the possession, dispensation, and administration of low THC oil as defined in Code Section 16-12-190 as enacted by Section 1-2 of this Act. On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, Senator Tippins of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Hill, Jack N Orrock N Beach Y Hill, Judson N Parent N Bethel N Hufstetler N Ramsey N Black Y Jackson, B N Rhett N Burke N Jackson, L N Seay N Butler N James Y Shafer N Cowsert N Jeffares N Sims N Crane N Jones, B N Stone N Davenport N Jones, E Tate N Dugan N Jones, H E Thompson, B N Fort N Kennedy N Thompson, C N Ginn N Kirk Y Tippins N Gooch Y Ligon N Tolleson N Harbin N Lucas N Unterman N Harbison N Martin N Watson N Harper N McKoon N Wilkinson Y Heath N Millar N Williams, M N Henson N Miller Y Williams, T N Hill, H N Mullis On the adoption of the amendment, the yeas were 7, nays 47, and the Tippins amendment #6 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. 1998 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black N Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N 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 Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims Y Stone Tate E Thompson, B Y Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 6. HB 1, having received the requisite constitutional majority, was passed by substitute. Senator Miller of the 49th moved that HB 1 be immediately transmitted to the House. On the motion, there was no objection, and HB 1 was immediately transmitted. The following communications were received by the Secretary: 24 March 2015 Due to business outside the Senate Chamber, I missed the vote on HB 1. Had I been present, I would have voted YEA. /s/ Horacena Tate District 38 March 24, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 1. Had I been present, I would have voted yes. /s/ Bruce Thompson District 14 TUESDAY, MARCH 24, 2015 1999 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. At 12:47 p.m. the President announced that the Senate would stand in recess until 1:45 p.m. At 1:45 p.m. Senator David Shafer, President Pro Tempore, called the Senate to order. Senator Heath of the 31st asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Kirk of the 13th asked unanimous consent that Senator Bethel of the 54th be excused. The consent was granted, and Senator Bethel was excused. Senator Crane of the 28th asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. Senator Millar of the 40th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Seay of the 34th asked unanimous consent that Senator Davenport of the 44th be excused. The consent was granted, and Senator Davenport was excused. 2000 JOURNAL OF THE SENATE Senator Seay of the 34th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. Senator Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator 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: Harper of the 7th Hill of the 6th Ligon, Jr. of the 3rd The Calendar was resumed. HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach E Bethel Y Black Y Burke E Butler Y Cowsert Y Crane E Davenport Y Dugan Y Hill, Jack E Hill, Judson Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares N Jones, B Y Jones, E Jones, H Orrock Parent Ramsey Rhett Y Seay Shafer (PRS) Y Sims Y Stone E Tate E Thompson, B TUESDAY, MARCH 24, 2015 2001 E Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Heath Y Henson E Hill, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Thompson, C E Tippins Y Tolleson Y Unterman Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 33, nays 1. HB 18, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 24, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 18. Had I been present, I would have voted yes. /s/ Ben Watson District 1 Senator Albers of the 56th was excused for business outside the Senate Chamber. HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others: A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; 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: 2002 JOURNAL OF THE SENATE E Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Heath N Henson E 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 Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey Rhett N Seay Shafer (PRS) Y Sims Y Stone N Tate E Thompson, B Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 35, nays 8. HB 62, having received the requisite constitutional majority, was passed. HB 86. By Representatives Benton of the 31st, Dempsey of the 13th, England of the 116th and Frye of the 118th: A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 24, 2015 2003 On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E 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 Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin E McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate E Thompson, B Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 1. HB 86, having received the requisite constitutional majority, was passed. Senator Wilkinson of the 50th asked unanimous consent that Senator Miller of the 49th be excused. The consent was granted, and Senator Miller was excused. HB 198. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2004 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson E 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 Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin E McKoon Y Millar E Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate E Thompson, B Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 1. HB 198, having received the requisite constitutional majority, was passed. The President resumed the Chair. HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn of the 47th. TUESDAY, MARCH 24, 2015 2005 Senator Henson offered the following amendment #1: Amend HB 320 (LC 41 0384) by replacing lines 18, 42, and 56 with the following: address except for ZIP Code, telephone number, or emergency contact; and On the adoption of the amendment, there were no objections, and the Henson amendment #1 was adopted. Senator Jones of the 22nd offered the following amendment #2: Amend HB 320 (LC 41 0384) by replacing lines 5 through 8 with the following: provide for related matters; to repeal conflicting laws; and for other purposes. By replacing "two new subsections" with "a new subsection" on lines 14 and 52. By inserting a quotation mark at the end of line 24 and deleting lines 25 through 34. By inserting a quotation mark at the end of line 62 and deleting lines 63 through 72. On the adoption of the amendment, there were no objections, and the Jones II of the 22nd amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin E McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2006 JOURNAL OF THE SENATE N Heath Y Henson E Hill, H Y Millar E Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 1. HB 320, having received the requisite constitutional majority, was passed as amended. HB 348. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th: A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson TUESDAY, MARCH 24, 2015 2007 Y Harper Y Heath Y Henson E Hill, H E McKoon Y Millar E Miller Y Mullis Y Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 1. HB 348, having received the requisite constitutional majority, was passed. Senator Millar of the 40th asked unanimous consent that SB 208, having been placed on the Table on Friday, March 13, 2015, be taken from the Table and put upon its passage. The consent was granted. SB 208. By Senators Ramsey, Sr. of the 43rd, 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 incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; to provide for incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan E Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E 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 Jones, H Y Kennedy Y Kirk E Ligon Lucas Y Martin E McKoon Y Millar E Miller Y Mullis Y Orrock Y Parent Y Ramsey Rhett Y Seay Y Shafer Y Sims N Stone Y Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 2008 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 1. SB 208, having received the requisite constitutional majority, was passed. Senator Ramsey of the 43rd moved that SB 208 be immediately transmitted to the House. On the motion, there was no objection, and SB 208 was immediately transmitted. The following bill was taken up to consider House action thereto: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Gooch of the 51st asked unanimous consent that the Senate insist on its substitute to HB 170. The consent was granted, and the Senate insisted on its substitute to HB 170. Senator Heath of the 31st moved to instruct the conference committee on HB 170. The President ruled the motion out of order as the appropriate time for making the motion to instruct the conferees is when a motion to appoint conferees is made. Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 25, 2015. The motion prevailed, and the President announced the Senate adjourned at 2:48 p.m. WEDNESDAY, MARCH 25, 2015 2009 Senate Chamber, Atlanta, Georgia Wednesday, March 25, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 631. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th: A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes. HB 634. By Representatives Clark of the 101st, Coleman of the 97th, Chandler of the 105th, Floyd of the 99th, Harrell of the 106th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; to repeal conflicting laws; and for other purposes. HB 636. By Representative Morris of the 156th: A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia to levy an excise tax pursuant to subsection (b) of Code 2010 JOURNAL OF THE SENATE 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 637. By Representatives Morris of the 156th, Pruett of the 149th and LaRiccia of the 169th: A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; 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 419. By Representatives Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and Smith of the 125th: A RESOLUTION encouraging the United States Congress to extend authorization for the Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 2. By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; 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 72. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the WEDNESDAY, MARCH 25, 2015 2011 punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 94. By Senators Bethel of the 54th and Cowsert of the 46th: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; 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 238. By Senator Burke of the 11th: A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SB 239. By Senators Ginn of the 47th, Watson of the 1st, Beach of the 21st and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for creation of economic development incentive programs; to provide that certain conservation use covenant properties may be utilized for commercial or industrial purposes without penalty if allowed by local ordinance and a local economic development panel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Finance. 2012 JOURNAL OF THE SENATE SB 240. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment for motor vehicles, so as to require motor vehicle headlights to emit only white light; to provide for headlight mounting height; to prohibit the use of headlights converted from the original factory light source; to prohibit the use of highintensity discharge replacement bulbs in halogen motor vehicle headlights; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SR 590. By Senator Jackson of the 2nd: A RESOLUTION encouraging the representation of diverse populations of different racial and ethnic backgrounds in clinical research; and for other purposes. Referred to the Committee on Science and Technology. The following House legislation was read the first time and referred to committee: HB 631. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th: A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 634. By Representatives Clark of the 101st, Coleman of the 97th, Chandler of the 105th, Floyd of the 99th, Harrell of the 106th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. WEDNESDAY, MARCH 25, 2015 2013 HB 636. By Representative Morris of the 156th: A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia 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 Committee on State and Local Governmental Operations. HB 637. By Representatives Morris of the 156th, Pruett of the 149th and LaRiccia of the 169th: A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HR 419. By Representatives Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and Smith of the 125th: A RESOLUTION encouraging the United States Congress to extend authorization for the Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; and for other purposes. Referred to the Committee on Natural Resources and the Environment. The following committee reports were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 279 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman 2014 JOURNAL OF THE SENATE Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 299 Do Pass Respectfully submitted, Senator Jones of the 25th District, Chairman Mr. President: The Committee on Economic Development and Tourism has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 510 SR 329 SR 494 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Ginn of the 47th District, Chairman Mr. President: The Committee on Health and Human Services 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 316 HB 394 HB 436 HB 505 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute HB 183 HB 342 HB 416 HB 504 Do Pass Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, MARCH 25, 2015 2015 HB 3 Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 17 HB 153 HB 245 HB 418 Do Pass by substitute Do Pass by substitute Do Pass Do Pass HB 119 HB 207 HB 347 HB 531 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 225 Do Pass by substitute Respectfully submitted, Senator Beach of the 21st District, Chairman Mr. President: The Committee on State and Local Governmental Operations 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 SB 220 SB 225 Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman 2016 JOURNAL OF THE SENATE Mr. President: The Committee on Veterans, Military and Homeland Security has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 180 Do Pass HB 443 Do Pass Respectfully submitted, Senator Hill of the 6th District, Chairman The following legislation was read the second time: HB 3 HB 119 HB 183 HB 256 HB 310 HB 370 HB 401 HB 504 SR 329 HB 17 HB 121 HB 207 HB 259 HB 316 HB 375 HB 416 HB 505 SR 494 HB 48 HB 147 HB 217 HB 263 HB 328 HB 385 HB 418 HB 510 HB 70 HB 153 HB 245 HB 266 HB 342 HB 386 HB 436 HB 531 HB 71 HB 177 HB 252 HB 279 HB 347 HB 394 HB 443 HR 36 HB 84 HB 180 HB 255 HB 299 HB 361 HB 397 HB 470 HR 215 Senator Kirk of the 13th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. 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 Ginn of the 47th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Crane Davenport Hill, H Hill, Jack Hufstetler Jackson, B Jackson, L Jeffares Jones, B Jones, E Mullis Orrock Parent Rhett Seay Shafer Sims Stone WEDNESDAY, MARCH 25, 2015 2017 Dugan Fort Ginn Gooch Harbin Harbison Harper Heath Henson Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Tate Thompson, B Thompson, C Tippins Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Cowsert Ramsey, Sr. Hill, Judson (Excused) Tolleson (Excused) James (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Ligon, Jr. of the 3rd introduced the chaplain of the day, Dr. David Cooper of Atlanta, Georgia, who offered scripture reading and prayer. Senator Gooch of the 51st recognized Cadet Jonathan Chase Strickland of the University of North Georgia, commended by SR 130, adopted previously. President Dr. Bonita Jacobs and Col. Tom Palmer addressed the Senate briefly. Cadet Jonathan Chase Strickland addressed the Senate briefly. Senator Williams of the 27th congratulated the Lambert High School girls swimming team on winning the State Championship Title three years in a row, commended by SR 283, adopted previously. Coach Kerry Langley addressed the Senate briefly. Senator Jones of the 10th recognized Emani Lynn Jones for her many accomplishments, commended by SR 565, adopted previously. Emani Lynn Jones addressed the Senate briefly. Forever Pink Foundation President Daphney Brooks addressed the Senate briefly. Senator Hufstetler of the 52nd introduced the doctor of the day, Dr. Billy G. Chacko. The following resolutions were read and adopted: SR 577. By Senator Shafer of the 48th: A RESOLUTION commending and recognizing the Partnership Against Domestic Violence and its work on raising awareness of the dangers and risks of teen dating violence; and for other purposes. 2018 JOURNAL OF THE SENATE SR 578. By Senator Shafer of the 48th: A RESOLUTION commending Caden Kelly; and for other purposes. SR 579. By Senator Jones of the 25th: A RESOLUTION honoring the life and memory of Mr. Robert Forrest "Bobby" Towns; and for other purposes. SR 580. By Senators Mullis of the 53rd, Cowsert of the 46th, Miller of the 49th, Wilkinson of the 50th, Dugan of the 30th and others: A RESOLUTION commending the Georgia State University Men's Basketball Team on their championship season and outstanding performance in the 2015 NCAA Men's Basketball Tournament; and for other purposes. SR 581. By Senator Shafer of the 48th: A RESOLUTION congratulating Jessica Lao and Alejandro Lim of River Trail Middle School; and for other purposes. SR 582. By Senators Wilkinson of the 50th, Ginn of the 47th, Miller of the 49th, Mullis of the 53rd and Gooch of the 51st: A RESOLUTION recognizing and commending Big A Elementary School; and for other purposes. SR 583. By Senators Wilkinson of the 50th, Ginn of the 47th, Miller of the 49th, Mullis of the 53rd and Gooch of the 51st: A RESOLUTION commending Carnesville Elementary School; and for other purposes. SR 584. By Senator Black of the 8th: A RESOLUTION commending James Dariel Tomlinson for his service to Lowndes County and the State of Georgia; and for other purposes. SR 585. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending the Georgia AIDS Coalition, Inc.; and for other purposes. WEDNESDAY, MARCH 25, 2015 2019 SR 586. By Senator Jeffares of the 17th: A RESOLUTION commending Russell Hall; and for other purposes. SR 587. By Senators Millar of the 40th, Henson of the 41st and Tippins of the 37th: A RESOLUTION recognizing and commending Ms. Jeannie M. "Sis" Henry on the occasion of her retirement; and for other purposes SR 588. By Senators Hill of the 4th, Cowsert of the 46th and Shafer of the 48th: A RESOLUTION honoring the life and memory of J. Carlton Jay Lawson; and for other purposes. SR 589. By Senators Orrock of the 36th, Bethel of the 54th, Ramsey, Sr. of the 43rd, Parent of the 42nd and Fort of the 39th: A RESOLUTION honoring the life and memory of Claude Sitton; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 25, 2015 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 220 Harbison of the 15th SCHLEY COUNTY UTILITIES AUTHORITY A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 225 Henson of the 41st Butler of the 55th Ramsey, Sr. of the 43rd Parent of the 42nd Jones of the 10th Davenport of the 44th Millar of the 40th DEKALB COUNTY 2020 JOURNAL OF THE SENATE A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 380 McKoon of the 29th Crane of the 28th TROUP COUNTY A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson N Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local legislation, the yeas were 44, nays 2. WEDNESDAY, MARCH 25, 2015 2021 The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Burke of the 11th was excused for business outside the Senate Chamber. Senator Cowsert of the 46th moved to suspend the Senate Rules for the purpose of confirming the Governor's Appointments. Senator Fort of the 39th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black E Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L James Y Jeffares Y Jones, B N Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Parent Ramsey N Rhett N Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 39 nays 9 the motion prevailed, and the Senate Rules were suspended for the purpose of confirming the Governor's Appointments. Senator Cowsert of the 46th 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 in their entirety. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Ramsey 2022 JOURNAL OF THE SENATE Y Black E Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 49 nays 2 the motion prevailed, and the Governor's Appointments were confirmed. Senator Tippins of the 37th declared March 25, 2015, as Kennesaw State University Day at the state capitol and recognized Kennesaw State University and its many contributions to the State of Georgia and higher education, commended by SR 571, adopted previously. President Daniel S. Papp addressed the Senate briefly. Senator Cowsert of the 46th moved to engross HB 215, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B N Jones, E Jones, H Y Kennedy N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B Y Thompson, C WEDNESDAY, MARCH 25, 2015 2023 Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Kirk Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 39, nays 13; the motion prevailed, and HB 215 was engrossed. Senator McKoon of the 29th moved to suspend the Senate Rules in order to first read legislation and assign to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SR 593. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Power Grid Protection Study Committee; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 594. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. Senator Unterman of the 45th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, MARCH 25, 2015 THIRTY-SIXTH LEGISLATIVE DAY HB 393 Motor vehicles fair practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception (PUB SAF-1st) Martin-49th 2024 JOURNAL OF THE SENATE HB 91 HB 160 HB 199 HB 215 HB 276 HB 325 HB 520 HB 515 Education; eliminate Georgia High School Graduation Test; provisions (ED&Y-40th) Coleman-97th Game and fish; trapping of raccoons in certain counties; repeal a provision (NR&E-17th) Dunahoo-30th Timber harvesting; require notice only in an approved form; provisions (NR&E-7th) Corbett-174th Equalized Homestead Option Sales Tax Act of 2015; enact (Substitute) (FIN-40th) Jacobs-80th Alcoholic beverages; modernize certain terms; provisions (Substitute) (RI&U-17th) Harrell-106th Safety belts; definition of term passenger vehicle; modify (PUB SAF-49th) Hitchens-161st LaVista Hills, City of; DeKalb County; incorporate (Substitute) (SLGO(G)-40th) Taylor-79th Tucker, City of; DeKalb County; incorporate (Substitute)(SLGO(G)-41st) Mitchell-88th 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 393. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others: A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Watson of the 1st. WEDNESDAY, MARCH 25, 2015 2025 Senator Miller of the 49th asked unanimous consent that he be excused from voting on HB 393 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Miller was excused. Senator Jones of the 10th asked unanimous consent that he be excused from voting on HB 393 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused. Senators Bethel of the 54th, Beach of the 21st, Albers of the 56th, Martin of the 9th, Hufstetler of the 52nd and others offered the following amendment #1: Amend LC 39 1028S to HB 393 by inserting after the (8) on line 62 the following: "Upon the effective date of this Act and through June 30, 2018,"; and Striking "The" on line 62 and replacing it with "the". On the adoption of the amendment, the yeas were 10, nays 29, and the Bethel, et al. amendment #1 lost. Senators Crane of the 28th and Bethel of the 54th offered the following amendment #2: Amend HCS to HB 393 by striking on line 44 "which is selling motor" striking line 45 in its entirety striking on line 47 "unless and until such manufacturer is wholly or" strike line 48 in its entirety strike lines 62 - 74 On the adoption of the amendment, the yeas were 11, nays 30, and the Crane, Bethel 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 N Beach N Bethel Y Hill, Jack Y Hill, Judson N Hufstetler Y Orrock Y Parent Y Ramsey 2026 JOURNAL OF THE SENATE Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar E Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C N Tippins E Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 4. HB 393, having received the requisite constitutional majority, was passed. HB 91. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th 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 the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey WEDNESDAY, MARCH 25, 2015 2027 Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 3. HB 91, having received the requisite constitutional majority, was passed. HB 160. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; 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 report of the committee, which was favorable to the 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 Beach Y Bethel Y Black Burke N Butler N Hill, Jack Hill, Judson N Hufstetler Y Jackson, B Jackson, L N James N Orrock N Parent Y Ramsey Y Rhett Y Seay N Shafer 2028 JOURNAL OF THE SENATE Cowsert Y Crane Y Davenport Y Dugan N Fort Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Ligon Y Lucas N Martin Y McKoon N Millar Y Miller Y Mullis N Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 32, nays 17. HB 160, having received the requisite constitutional majority, was passed. HB 199. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Jeffares Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims WEDNESDAY, MARCH 25, 2015 2029 Y Crane Davenport Y Dugan Y Fort Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 199, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Hill of the 6th HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. The Senate Committee on Finance offered the following substitute to HB 215: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a 2030 JOURNAL OF THE SENATE revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-6, relating to the ceiling on local sales and use taxes, by revising paragraph (2) of subsection (a) as follows: "(2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply: (A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under said such subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2016. Such tax shall not apply to the following: (i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the this state that has had more than 750,000 takeoffs and landings during a calendar year; and WEDNESDAY, MARCH 25, 2015 2031 (ii) The sale of motor vehicles; or (C) In a county in which a tax is levied and collected pursuant to Part 2 of Article 2A of this chapter;" SECTION 2. Said chapter is further amended by revising Article 2A, relating to the homestead option sales and use tax, as follows: "Part 1 48-8-100. This article part shall be known and may be cited as the 'Homestead Option Sales and Use Tax Act.' 48-8-101. As used in this article part, the term: (1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. (2) 'Existing municipality' means a municipality created prior to January 1, 2007, lying wholly within or partially within a county. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Qualified municipality' means a municipality created on or after January 1, 2007, lying wholly within or partially within a county. 48-8-101.1. It is the intent of the General Assembly that the proceeds of the homestead option sales and use tax be distributed equitably to the counties and qualified municipalities such that the residents of a new incorporated municipality will continue to receive a benefit from that tax substantially equal to the benefit they would have received if the area covered by the municipality had not incorporated. The provisions of this article part shall be liberally construed to effectuate such intent. 48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local 2032 JOURNAL OF THE SENATE sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article part, except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article part shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article part. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article part. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article part shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article part in which a tax is levied and collected under Article 2 of this chapter. 48-8-103. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the WEDNESDAY, MARCH 25, 2015 2033 special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act: 'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the retail homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following: '( ) YES ( ) NO Shall a retail homestead option sales and use tax of 1 percent be levied within the special district within _____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?' Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax and approving the local Act providing such homestead exemption, then the tax shall be levied in accordance with this article part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of 2034 JOURNAL OF THE SENATE the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in Code Section 48-8-102 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption. 48-8-104. (a) The sales and use tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this article part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article part shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the WEDNESDAY, MARCH 25, 2015 2035 state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection and the amount determined under subsections (d) and (e) of this Code section, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district; provided, however, that a county and any qualified municipality shall be authorized by intergovernmental agreement to waive the equalization amount otherwise required under subsections (d) and (e) of this Code section and provide for a different distribution amount. In the event of such waiver, except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article part for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows: (A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows: (i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed .200 and, for a county in which a qualified municipality is located, shall not be less than the level required by subsection (d) of this Code section; therefore, at a minimum, the county shall set the capital factor at a level that yields an amount of capital outlay proceeds that is equal to or greater than the sum of all equalization amounts due qualified municipalities and existing municipalities under subsection (e) of this Code section; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article part during the previous calendar year, and this amount shall be referred to as capital outlay proceeds in subsections (d) and (e) of this Code section; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in this Code section as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, 2036 JOURNAL OF THE SENATE rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article part on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article part on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph and subsections (d) and (e) of this Code section: (i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article part; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d)(1) The commissioner shall distribute to the governing authority of each qualified municipality located in the special district a share of the capital outlay proceeds calculated as provided in this subsection and subsection (e) of this Code section which proceeds shall be expended for the purpose of funding capital outlay projects of such municipality. (2) Both the tax commissioner and the governing authority for the county in which a qualified municipality is located shall cooperate with and assist the commissioner in the calculation of the equalization amounts under subsection (e) of this Code section and shall, on or before July 1 of each year, provide to the commissioner and the governing authority of each qualified municipality written certification of the following: (A) The capital factor set by the county for the current calendar year; provided, however, that the capital factor may not exceed 0.200; (B) The total amount, if any, due to be paid to existing municipalities from the capital outlay proceeds as required by any intergovernmental agreement between the county and such municipalities; (C) The incorporated county millage rate in each qualified municipality; (D) The net homestead digest for each qualified municipality; (E) The total homestead digest; and (F) The unincorporated county millage rate. WEDNESDAY, MARCH 25, 2015 2037 If the tax commissioner and the governing authority of the county fail to provide such certification on or before July 1, the commissioner shall not distribute to such county any additional proceeds of the sales and use tax collected after July 1 unless and until such certification is provided. (3) The commissioner shall then calculate the equalization amount due each qualified municipality based on the certifications provided by the tax commissioner and the governing authority of the county and pay such amount to the governing authority of each qualified municipality in six equal monthly payments as soon as practicable during or after each of the last six months of the current calendar year. In the event an existing municipality that has entered into an intergovernmental agreement with a county at any time before January 1, 2007, to receive capital outlay proceeds of the homestead option sales and use tax and such intergovernmental agreement has become or does become null and void for any reason, such existing municipality shall be treated under this article part the same as if it were a qualified municipality as defined in paragraph (4) of Code Section 48-8-101 and therefore receive payment of equalization amounts under this article part as provided for under this article part. The commissioner shall distribute to the governing authority of the county each month the net sales and use tax remaining after payment of equalization amounts to the qualified municipalities. (e)(1) As used in this subsection, the term: (A) 'Equalization amount' means for a qualified municipality the product of the equalization millage times the net homestead digest for that qualified municipality. (B) 'Equalization millage' means for each qualified municipality the product of the homestead factor calculated pursuant to division (c)(2)(B)(i) of this Code section times the difference between the unincorporated county millage rate and the incorporated county millage rate for that qualified municipality. (C) 'Incorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in each of the qualified municipalities in the county. (D) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of the qualified municipality located in the county remaining after all other homestead exemptions are applied. (E) 'Total homestead digest' means the total net assessed value of all qualified homestead property located in the county remaining after all other homestead exemptions are applied. (F) 'Unincorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in the unincorporated areas of the county. (2) For illustration purposes, a hypothetical example of the calculation of the equalization amount is provided below. 2038 JOURNAL OF THE SENATE First, calculate the homestead factor in accordance with division (c)(2)(B)(i) of this Code section as follows: (A) Capital factor certified by county as required by subsection (d) of this Code section 0.150 (B) Net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year $ 50 million (C) Taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied $100 million (D) Calculation of homestead factor using figures above .425 = [(1-.0150)($50 million/$100 million)] Next, calculate the equalization amount in accordance with paragraph (1) of this subsection as follows: (E) Unincorporated county millage rate 15.0 mills (F) Minus the incorporated county millage rate for qualified municipality 'Y' (10.0 mills) Difference: = 5.0 mills (G) Times homestead factor (calculated above) x .425 (H) Equals the equalization millage: = 2.125 mills (I) Times net homestead digest for qualified municipality 'Y' $200 million (J) Equals the equalization amount payable to $ 425,000.00 municipality 'Y' (3) In the event the total amount payable in a calendar year to all existing municipalities as certified by the county pursuant to subparagraph (d)(2)(B) of this Code section plus the total equalization amount payable to all qualified municipalities in the special district exceeds the capital outlay proceeds calculated based on a maximum capital factor of 0.200, the commissioner shall pay to the governing authority of each qualified municipality a share of such proceeds calculated as follows: (A) Determine the capital outlay proceeds based on a maximum capital factor of 0.200; (B) Subtract the amount certified by the county as payable to existing WEDNESDAY, MARCH 25, 2015 2039 municipalities pursuant to subparagraph (d)(2)(B) of this Code section; (C) The remaining amount equals the portion of the capital outlay proceeds that may be used by the commissioner to pay equalization amounts to qualified municipalities. The commissioner shall calculate each qualified municipality's share of such remaining amount by dividing the net homestead digest for each qualified municipality by the total homestead digest for all municipalities. (4) In the event the incorporated county millage rate for a qualified municipality is greater than the unincorporated county millage rate, no payment shall be due from the governing authority of the qualified municipality to the governing authority of the county. (5) In the event the amount of capital outlay proceeds exceeds the sum of the equalization amounts due all qualified municipalities plus the total amount certified under subparagraph (d)(2)(B) of this Code section as due all existing municipalities, the commissioner shall distribute to each qualified municipality a portion of such excess equal to the net homestead digest for such municipality divided by the total homestead digest. (6) If any qualified municipality is located partially in the county then only that portion so located shall be considered in the calculations contained in this subsection. 48-8-105. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the this state or in a tax jurisdiction outside the this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this article part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article part and then against the sales and use tax levied under Article 3 of this chapter, if applicable. 48-8-106. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall 2040 JOURNAL OF THE SENATE be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted only on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall the 1 percent retail homestead option sales and use tax being levied within the special district within ____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?' (b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. 48-8-107. No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use WEDNESDAY, MARCH 25, 2015 2041 tax is imposed under this article part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety. 48-8-108. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in Code Section 48-8-102 shall be imposed in such a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax. 48-8-109. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this article part. Part 2 48-8-109.1. This part shall be known and may be cited as the 'Equalized Homestead Option Sales Tax Act of 2015.' 48-8-109.2. In any county where a homestead option sales and use tax under Part 1 of this article and a sales tax for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, are being levied, the county governing authority may choose to submit to the electors of the special district the question of whether to suspend the sales and use tax authorized by Code Section 48-8-102 and replace such tax with a sales and use tax authorized by this part. Such referendum shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a 2042 JOURNAL OF THE SENATE special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the sales and use taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect. 48-8-109.3. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the same rate as provided in Part 1 of this article. Except as otherwise provided in this part, the local sales and use tax shall correspond to the tax imposed and administered by Part 1 of this article. The local sales and use tax levied pursuant to this part shall apply to all items and transactions subject to taxation pursuant to Part 1 of this article. No item or transaction which is not subject to taxation pursuant to Part 1 of this article shall be subject to the tax levied pursuant to this part. (c) No sales and use tax shall be levied in a special district under this part in which a tax is levied and collected under Article 2 of this chapter. 48-8-109.4. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2540. Such election shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect. If the sales and use tax under Part 1 of Article 3 of this chapter is not renewed, the sales and use tax under Part 1 of this article shall WEDNESDAY, MARCH 25, 2015 2043 replace the sales and use tax under this part upon expiration of the sales and use tax under Part 1 of Article 3 of this chapter. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection: 'NOTICE TO ELECTORS: Unless BOTH the equalized homestead option sales and use tax AND the special purpose local option sales and use tax are approved, then neither sales and use tax shall become effective.' Such statement shall be followed by the following: '( ) YES ( ) NO Shall an equalized homestead option sales and use tax be levied and the regular homestead option sales and use tax be suspended within the special district within _____________ County for the purposes of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties?' Notwithstanding any other provision of law to the contrary, the statement and ballot question referred to in this subsection shall precede any and all other ballot questions which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax, then the tax shall be levied in accordance with this part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in this part is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized in this part on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified 2044 JOURNAL OF THE SENATE copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption. 48-8-109.5. (a) The sales and use tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this part shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2, to the same extent that sales of motor fuels are subject to taxation pursuant to Part 1 of this article; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) The remaining proceeds shall be disbursed to the governing authority of the county whose geographical boundary is conterminous with that of the special district, and each municipality located wholly or partially therein, and shall be utilized as follows: (A) First, the proceeds shall be used to roll back, and eliminate if possible, the millage rates for any county ad valorem property tax line items levied uniformly throughout the county on homestead properties, including in all municipalities; and (B) Next, any remaining proceeds shall be used to roll back at an equal and uniform rate across both of the following categories, and eliminate if possible: (i) The millage rates for any county ad valorem property tax line items levied only in unincorporated portions of the county on homestead properties; and (ii) The millage rates for any municipal ad valorem property tax line items levied in every municipality located wholly or partially in the county on homestead WEDNESDAY, MARCH 25, 2015 2045 properties but not in unincorporated portions of the county. If any municipality is located partially in the special district, then only that portion so located shall be considered in the calculations contained in this subsection. (d) The form to collect ad valorem tax prepared by the county tax commissioner shall reflect the full amount owed by the taxpayer pursuant to the millage rates set by the county governing authority and any municipal governing authority. Under a separate heading, the form shall reflect the deductions from the gross ad valorem tax amount realized through the application of proceeds from the equalized homestead option sales and use tax. (e) Notwithstanding any provision of law to the contrary except subsection (f) of this Code section, in any county levying a tax under this part, a tax levied pursuant to the provisions of Part 1 of Article 3 of this chapter in a special district in such county shall be strictly divided between the unincorporated portions of the county whose geographical boundary is conterminous with that of the special district and the municipalities wholly or partially located within the special district on a per capita basis, based on the most recent decennial census, unless altered by an intergovernmental agreement between the county and all municipalities wholly located within the special district. For as long as a municipality located within the special district and incorporated after the effective date of this Code section does not maintain the roads, streets, sidewalks, and bicycle paths within its territorial boundaries and relies upon the county governing authority for such maintenance, such municipality's per capita share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter shall be paid to the county governing authority. Notwithstanding any provision of law to the contrary, the department shall disburse directly to the county and each municipality its share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter. (f) The tax levied in the special district under Part 1 of Article 3 of this chapter shall not be levied within the boundaries of any municipality wholly or partially located within the special district that is levying a tax pursuant to Article 4 of this chapter. No proceeds from the tax levied in the special district under Part 1 of Article 3 of this chapter shall be disbursed to any such municipality. Upon the expiration of the tax levied under Article 4 of this chapter in such municipality, the tax in the special district under Part 1 of Article 3 of this chapter shall be levied within such municipality and proceeds shall be disbursed to such municipality in accordance with this part. 48-8-109.6. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may 2046 JOURNAL OF THE SENATE require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this part and then against the sales and use tax levied under Article 3 of this chapter, if applicable. 48-8-109.7. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall be conducted only on the date of and in conjunction with an election to repeal the special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. If either such sales and use tax is repealed, then both such sales and use taxes shall be repealed and the sales and use tax under Part 1 of this article shall replace the sales and use tax that was imposed under this part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following: '( ) YES Shall the equalized homestead option sales and use tax being levied within the special district within _____________ County for the ( ) NO purposes of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties be terminated?' (b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and WEDNESDAY, MARCH 25, 2015 2047 the question of discontinuing the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. 48-8-109.8. No sales and use tax provided for in this part shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety. 48-8-109.9. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in this part shall be imposed in a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax. 48-8-109.10. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this part." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 2048 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach E Bethel Y Black Y Burke Y Butler Cowsert Y Crane Davenport Y Dugan Fort Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 215, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 25, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 160, HB 199, and HB 215. Had I been present, I would have voted Yea. /s/ Frank Ginn District 47 WEDNESDAY, MARCH 25, 2015 2049 Senator Jeffares of the 17th asked unanimous consent to drop HB 276 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 276 was placed at the foot of the Rules Calendar. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; 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 Beach E Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Davenport Y Dugan Y Fort N Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E 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 Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T 2050 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 5. HB 325, having received the requisite constitutional majority, was passed. Senator David Shafer, President Pro Tempore, assumed the Chair. Senator Harper of the 7th was excused for business outside the Senate Chamber. HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. Senate Sponsor: Senator Millar of the 40th. The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 520: 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 incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for audits; to provide for homestead exemptions; 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 legislative intent; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 25, 2015 2051 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of LaVista Hills, Georgia. The City of LaVista Hills, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of LaVista Hills" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. SECTION 1.02. Corporate boundaries. The boundaries of the City of LaVista Hills shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. Any part of the City of LaVista Hills which is included in the description contained in Appendix A shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the 2052 JOURNAL OF THE SENATE government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5)(A) Condemnation. To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) The city shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish WEDNESDAY, MARCH 25, 2015 2053 a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; may restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; may control filling, grading, dredging, and other development which may increase flood damage or erosion; may prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; may limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and may protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; (10) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of city elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) 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 punishments for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect garbage, refuse, and trash collection and disposal and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein that benefit 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; (13) 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; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering 2054 JOURNAL OF THE SENATE homestead exemptions to residents of the city and to maintain current homestead exemptions of residents of the city as authorized by Acts of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) 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; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, and offices not specified in this charter and commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) 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; (21) 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; (22) 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 punishments for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricitygenerating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for police and firefighting agencies; WEDNESDAY, MARCH 25, 2015 2055 (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) 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 these are not in conflict with valid regulations of the Public Service Commission; (33) 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 punishments for violations of such ordinances; (34) 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, 2056 JOURNAL OF THE SENATE however, that: (A) The millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher limit is recommended by resolution of the city council and approved by a majority vote of the qualified voters of the City of LaVista Hills voting on the issue in a referendum; provided that the amount of millage associated with the creation of special tax districts pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia shall not count as part of the 5.00 millage rate limit in this subsection since such millage is already subject to approval by the electors of the city in a separate referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) Notwithstanding the provisions of subparagraph (A) above, the mayor and city council shall be authorized to create a Special Service District fund for the provision of fire and rescue services, to create a Special Service District fund for the provision of solid waste disposal services, and to levy ad valorem taxes on real property not to exceed the average of said taxes levied by DeKalb County for the provision of the same services for the previous five years prior to the cutover of the services; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the LaVista Hills Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of LaVista Hills to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. WEDNESDAY, MARCH 25, 2015 2057 SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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. SECTION 1.05. Tourism; conventions; trade shows. The LaVista Hills Convention and Visitors Bureau is hereby created. Reserved. SECTION 1.06. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of LaVista Hills, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter. (b)(1) The city council of LaVista Hills, Georgia, shall consist of six members plus the mayor. (2) There shall be six council districts, designated Council Districts 1 through 6, as described in Appendix B of this Act, which is attached to and made a part of this charter. (3) One councilmember shall be elected from each of the six Council Districts 1, 2, 3, 4, 5, and 6, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council district for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the council district voting in the election, a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the run-off election. The candidate receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are 2058 JOURNAL OF THE SENATE elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council Districts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 2, 4, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2019. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of LaVista Hills, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election to be held in November, 2019, as provided in subsection (b) of Section 2.02. Thereafter, the successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office, and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. SECTION 2.02. Mayor and councilmembers; terms; qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of LaVista Hills for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of LaVista Hills. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. WEDNESDAY, MARCH 25, 2015 2059 (b) An election shall be held on the date of the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and city council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold the position of mayor and may hold a position as a councilmember of any council district shall be limited to two terms. An individual who serves as mayor or serves as a councilmember of any council district for either one term or two consecutive terms may stand for subsequent election of any office other than his or her current elected office. SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city shall not hold other elected or public offices. The elected offices of the city's government shall become vacant upon the member's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office: (1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the city council in a threemonth period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those councilmembers remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those councilmembers remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. 2060 JOURNAL OF THE SENATE SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidates for mayor and city council who receive a majority vote of the qualified electors of the city voting at the elections of the city shall be elected to a term of office. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. To the extent not available for provision by the city through the purchasing department, the mayor and each councilmember shall be reimbursed for the reasonable amount of their expenses actually and necessarily incurred by them in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and 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 may be provided by ordinance. WEDNESDAY, MARCH 25, 2015 2061 SECTION 2.09. Meetings; oath of office; mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered collectively to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of LaVista Hills and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of LaVista Hills. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of LaVista Hills for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of LaVista Hills to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold the position of mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor or two councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and 2062 JOURNAL OF THE SENATE attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the notice of the call shall be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Four members of the city council shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least four affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action, except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If any member of the city council is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved. The mayor shall vote only in the event of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law: (1) Adopt or amend an administrative code or establish, alter, or abolish a department, agency, or office not specified in this charter; (2) Provide for fines or other penalties; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money. WEDNESDAY, MARCH 25, 2015 2063 SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the City of LaVista Hills as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of LaVista Hills and may enforce such ordinances by imposing penalties for violations thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of 2064 JOURNAL OF THE SENATE official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; "valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any permissible contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies or any member of his or her family shall use property owned by such governmental entity for personal benefit, convenience, or profit. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which he or she is elected. (f) No elected official, appointed officer, or employee of the city or any agency, board, authority, bureau, or any other political entity to which this charter applies nor any member of such person's family, nor any person who has an employment or other personal relationship with such person, may contract with the city, either directly or indirectly or through any entity in which such person has a financial or employment WEDNESDAY, MARCH 25, 2015 2065 interest, for the provision of goods, professional services, other services, construction or rehabilitation of improvements, or any other procurement request by the city. (g) "Family" shall, for purposes of this section, include the parents, aunts, uncles, nieces, nephews, siblings, spouse, and children of such person and shall also include the parents, siblings, spouses, and children of any of the foregoing family members. SECTION 2.14. Boards, commissions, or authorities. (a) All members of boards, commissions, or authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such term of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title 2066 JOURNAL OF THE SENATE of such ordinance shall have been read at two city council meetings, provided that the beginnings of such meetings are neither less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type or italics, or otherwise, are intended as mere catchwords to indicate the contents of the section and: (1) Shall not be deemed or taken to be titles of such sections or as any part of such section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any two members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; WEDNESDAY, MARCH 25, 2015 2067 (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases, but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section of this charter. SECTION 3.02. City manager; appointment and qualification. The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction. SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that this power of appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the 2068 JOURNAL OF THE SENATE jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments, offices, and agencies and all divisions or bureaus created in this charter or that may hereafter be created by the city council, except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that, regardless of the decision of the chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth day of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. WEDNESDAY, MARCH 25, 2015 2069 SECTION 3.05. City council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt, by affirmative vote of a majority of all its members, a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The mayor, with the approval of the city council, may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension 2070 JOURNAL OF THE SENATE under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or period of disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate, with the approval of the city council, a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall appoint the city attorney or city attorneys, together with such assistant city attorneys as may be deemed appropriate, subject to confirmation by the city council, and shall provide for the payment of such attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. SECTION 3.09. City clerk. The mayor may appoint a city clerk, subject to confirmation by the city council, to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. City tax collector. The mayor may appoint a city tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The mayor may appoint a city accountant, subject to confirmation by the city council, to perform the duties of an accountant. WEDNESDAY, MARCH 25, 2015 2071 SECTION 3.12. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but not less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) The provisions of this charter; (2) The applicable city budget; and (3) Applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. The compensation and expenses payable to the mayor and the councilmembers pursuant to Section 2.07 of this charter shall not commence until an internal auditor is appointed by the city council. SECTION 3.13. Consolidation of functions. The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.14. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of LaVista Hills and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of LaVista Hills which shall have jurisdiction and authority to try offenses against the laws and 2072 JOURNAL OF THE SENATE ordinances of such city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by the judge of such court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judges. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval by the city council, and shall take the same oath as the judge. (c) Before entering on the duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge or judge pro tempore shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or shall be removed upon action taken by the state Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is or is likely to become of a permanent character. WEDNESDAY, MARCH 25, 2015 2073 SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of LaVista Hills and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the costs of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of LaVista Hills, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of LaVista Hills granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained 2074 JOURNAL OF THE SENATE under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judges shall have full power and authority to make reasonable rules and regulations that are necessary and proper to secure the efficient and successful administration of the municipal court. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. WEDNESDAY, MARCH 25, 2015 2075 (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance. SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. 2076 JOURNAL OF THE SENATE SECTION 5.07. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead exceeds the base year assessed value of such homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year WEDNESDAY, MARCH 25, 2015 2077 to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2017 through 2019. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2020 or any subsequent taxable year. SECTION 5.09. Homestead exemption; senior citizens; disabled. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of LaVista Hills who is disabled or is a senior citizen is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of such homestead. The exemption granted by this subsection shall only be granted if such person's income, together with the income of the spouse who also occupies and resides at 2078 JOURNAL OF THE SENATE such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of such property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.10. Homestead exemption; general. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for WEDNESDAY, MARCH 25, 2015 2079 municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of such homestead. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.11. Homestead exemption; surviving spouses. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. 2080 JOURNAL OF THE SENATE (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" means the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of LaVista Hills and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of LaVista Hills ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to receive the exemption under this charter effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this charter, the unremarried surviving spouse shall furnish to the governing authority of the City of LaVista Hills, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who, as a member of the armed forces of the United States, was killed or died as a result of any war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of LaVista Hills, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of LaVista Hills, or the designee thereof, deems necessary to determine eligibility for the exemption. An unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of LaVista Hills or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of LaVista Hills, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the WEDNESDAY, MARCH 25, 2015 2081 homestead exemption under this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.12. Homestead exemption; one mill equivalent. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable year. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead 2082 JOURNAL OF THE SENATE exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.13. Homestead exemption; Fire Services Tax District HOST Equivalent. (a) As used in this section, the term: (1) "Ad valorem taxes for fire services" means all ad valorem taxes for the purpose of providing fire services levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) In the event that the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County, each resident of the City of LaVista Hills is granted an annual exemption on such person's homestead from City of LaVista Hills ad valorem taxes in a fixed amount equal to the HOST tax credit provided to DeKalb County residences who participate in the Fire Services Special Tax District at a level equal to the average percentage credit for the five years immediately preceding the cutover of fire services. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall receive the homestead exemption granted by subsection (b) of this section provided that the person or person's agent has filed or files an application with the governing authority of the City of LaVista Hills in accordance with subsection (c) of Section 5.10 or subsection (c) of Section 5.12 of this charter giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. No additional homestead exemption form or application is required to grant the homestead exemption under this section. (d) The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the WEDNESDAY, MARCH 25, 2015 2083 homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning in the year in which the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County. In the event that the transfer of fire services does not coincide with a taxable year end, the homestead exemption shall be prorated in the first year in an amount equal to the percent of the first year in which LaVista Hills provides fire services. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. DeKalb County special services tax district. For the taxable years beginning on or after January 1, 2017, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services assessed by DeKalb County, Georgia, for the LaVista Hills special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168, House Resolution No. 715-1916, Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of LaVista Hills will be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of LaVista Hills for approval or rejection. The superintendent shall set November 3, 2015, as the date of such election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: 2084 JOURNAL OF THE SENATE "( ) YES Shall the Act incorporating the City of LaVista Hills in DeKalb County according to the charter contained in the Act and the homestead ( ) NO exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of LaVista Hills shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of LaVista Hills to be held in conjunction with and on the date of the 2016 presidential preference primary, the qualified electors of the City of LaVista Hills shall be those qualified electors of DeKalb County residing within the corporate limits of the City of LaVista Hills as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of LaVista Hills shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of LaVista Hills to be held on the date of the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of LaVista Hills and the powers and duties of the governing authority of the City of LaVista Hills. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and, by action of any four members of the governing authority, may meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of LaVista Hills. Accordingly, there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on July 1, 2016. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2016 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' WEDNESDAY, MARCH 25, 2015 2085 prior written notice to the governing authority of DeKalb County by the governing authority of the City of LaVista Hills, responsibility for any such service or function shall be transferred to the City of LaVista Hills. The governing authority of the City of LaVista Hills shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of LaVista Hills is considered removed from the DeKalb County special services tax district. (d) During the transition period, the governing authority of the City of LaVista Hills may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of LaVista Hills. Any transfer of jurisdiction to the City of LaVista Hills during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of LaVista Hills may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of LaVista Hills commencing to exercise its planning and zoning powers, the Municipal Court of the City of LaVista Hills shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall have control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of LaVista Hills shall be a fully functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then 2086 JOURNAL OF THE SENATE such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before November 3, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after November 3, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this charter. SECTION 6.05. Charter commission. Not later than five years after the inception of the City of LaVista Hills, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by each member of the city council, and one member appointed by a vote of the members of the Georgia House of Representatives and Georgia Senate whose districts lie wholly or partially within the corporate boundaries of the City of LaVista Hills. All members of the charter commission shall reside in the City of LaVista Hills. The charter commission shall complete the recommendations within the time frame required by the city council. SECTION 6.06. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.07. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, MARCH 25, 2015 SECTION 6.08. Repealer. All laws and parts of laws in conflict with this Act are repealed. 2087 APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA The corporate limits of the City of LaVista Hills shall include the areas specified as follows; provided, however, that any part of the City of LaVista Hills which is included in the description shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015: Plan:LaVista Hills-p2(corp)-2015 Plan Type: Local Administrator: LaVista Hills User: bak District LAVISTAHILLS DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 1000 1001 1002 1003 1004 1005 1006 2026 2028 022302: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 2088 JOURNAL OF THE SENATE 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021504: 2000 2002 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: WEDNESDAY, MARCH 25, 2015 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 2089 For the purposes of this description, 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 the 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. 2090 JOURNAL OF THE SENATE APPENDIX B LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA Plan: LaVista Hills-p2-2015 Plan Type: Local Administrator: LaVista Hills User: bak District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089EF - EVANSDALE ELEM 021808: 1001 1021 1022 1023 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 2004 2006 2007 2010 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD District 002 DeKalb County VTD: 089EC - EMBRY HILLS WEDNESDAY, MARCH 25, 2015 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026 021808: 1000 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1016 1017 1018 1019 1028 1029 2005 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2028 VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 4001 4002 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089PF - PLEASANTDALE ELEM 021812: 2005 2008 2009 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 2091 2092 JOURNAL OF THE SENATE District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605: 3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 1022 VTD: 089MW - MIDVALE ROAD 021810: 1003 1004 1005 1006 1007 1008 1009 1010 District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 WEDNESDAY, MARCH 25, 2015 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 021605: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH 021703: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021602: 2021 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3012 3013 3014 3015 3016 3021 3022 3023 3027 VTD: 089OA - OAK GROVE ELEM VTD: 089RD - REHOBOTH 021704: 1013 1014 1018 1019 VTD: 089SA - SAGAMORE HILLS District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 2002 3000 021603: 1008 1010 1011 1012 1014 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MJ - MONTCLAIR ELEM 2093 2094 JOURNAL OF THE SENATE 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 District 006 DeKalb County VTD: 089CJ - CLAIRMONT HILLS 021602: 1000 1001 1002 1003 1004 1005 1006 2026 2028 022302: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 089CW - CORALWOOD VTD: 089ND - NORTHLAKE 021704: 3024 3025 3026 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1015 1016 1017 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK For the purposes of this plan (LaVista Hills-p2-2015): (1) 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; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-p2-2015) shall be included within that district WEDNESDAY, MARCH 25, 2015 2095 contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-p2-2015) 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; and (5) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-p2-2015) as being included in a particular district shall nevertheless not be included within such district if such area was annexed into another corporate boundary before March 2, 2015. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Tom Taylor, Georgia State House Representative from the 79th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of LaVista Hills, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this _________ day of February, 2015. ____________________________________ Honorable Tom Taylor Representative, 79th District Georgia State House of Representatives Senator Parent of the 42nd offered the following amendment #1: Amend the Senate State and Local Governmental Operations Committee substitute to HB 520 (LC 28 7637ERS) by striking lines 1419 through 1515 and inserting in lieu thereof the following: Plan: LaVista Hills-SD042-p7(corp)-2015 Plan Type: Local Administrator:S042 User: bak 2096 JOURNAL OF THE SENATE LaVista Hills DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 WEDNESDAY, MARCH 25, 2015 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 2097 2098 JOURNAL OF THE SENATE 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 By striking lines 1526 through 1739 and inserting in lieu thereof the following: Plan: LaVista Hills-SD042-p7(dist)-2015 Plan Type: Local Administrator: S042 User: bak District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089EF - EVANSDALE ELEM 021808: 1001 1021 1022 1023 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD District 002 DeKalb County VTD: 089EC - EMBRY HILLS WEDNESDAY, MARCH 25, 2015 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026 021808: 1000 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1016 1017 1018 1019 1028 1029 2005 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2028 VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089PF - PLEASANTDALE ELEM 021812: 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 2099 2100 JOURNAL OF THE SENATE District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605: 3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1018 VTD: 089MW - MIDVALE ROAD 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1023 1024 1037 1038 1039 1040 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 WEDNESDAY, MARCH 25, 2015 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 021605: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH 021703: 1015 1016 1017 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 089OA - OAK GROVE ELEM VTD: 089SA - SAGAMORE HILLS District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2101 2102 JOURNAL OF THE SENATE 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 District 006 DeKalb County VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 VTD: 089ND - NORTHLAKE 021704: 3000 3012 3013 3014 3015 3016 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK For the purposes of this plan (LaVista Hills-SD042-p7(dist)-2015): (1) 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; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-SD042-p7(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to WEDNESDAY, MARCH 25, 2015 2103 the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD042-p7(dist)-2015) 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; and (5) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD042-p7(dist)-2015) as being included in a particular district shall nevertheless not be included within such district if such area was annexed into another corporate boundary before March 2, 2015. On the adoption of the amendment, the President asked unanimous consent. Senator Millar of the 40th objected. On the adoption of the amendment, the yeas were 10, nays 25, and the Parent 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 Beach Y Bethel Y Black Y Burke Butler Cowsert Y Crane Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon N Orrock N Parent Y Ramsey Rhett Seay Shafer (PRS) Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson 2104 JOURNAL OF THE SENATE Y Heath N Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 38, nays 5. HB 520, having received the requisite constitutional majority, was passed by substitute. Senator Millar of the 40th moved that HB 520 be immediately transmitted to the House. On the motion, there was no objection, and HB 520 was immediately transmitted. HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Henson of the 41st. The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 515: A BILL TO BE ENTITLED AN ACT To incorporate the City of Tucker in DeKalb County; to provide for a charter for the City of Tucker; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, courts, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various WEDNESDAY, MARCH 25, 2015 2105 functions and responsibilities from DeKalb County to the City of Tucker; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, AND POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of Tucker, Georgia. The City of Tucker, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Tucker" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal for all other purposes as authorized by the laws of the State of Georgia and the Constitution of the State of Georgia. SECTION 1.02. Corporate boundaries. The boundaries of the City of Tucker shall be those set forth and described in Appendix A of this charter, and such Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (a) Except as provided in subsection (b) of this section, the city shall have the following powers: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; 2106 JOURNAL OF THE SENATE (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. (A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) To condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any owner or interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; WEDNESDAY, MARCH 25, 2015 2107 (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by Georgia law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal courts. To create a municipal court with a judge or judge and associate judges as may be necessary and to authorize the creation of a municipal court clerk's office or make said clerk's duties a part of the duties of the city clerk as designated by the city council; (20) 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; 2108 JOURNAL OF THE SENATE (21) 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; (22) 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; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage, and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) 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; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) 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 WEDNESDAY, MARCH 25, 2015 2109 service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) 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; (34) Retirement and employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) 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; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation to a maximum of 1 mill without a referendum; (39) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (41) Tourism, conventions, and trade shows. To provide for the structure, operation, and management of the Tucker Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Tucker to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and 2110 JOURNAL OF THE SENATE (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and parks and recreation services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the electors of the city disapprove such resolution, such resolution shall immediately be null and void and of no force and effect. SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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. SECTION 1.05. Tourism, conventions, and trade shows. The Tucker Convention and Visitors Bureau is hereby authorized to be created by an ordinance of the city council. When created, the bureau shall consist of a board of seven members appointed by the city council. The bureau shall report to the city manager on a regular basis and shall send an annual report to the city council in January of each year. WEDNESDAY, MARCH 25, 2015 2111 ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of Tucker, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member. (b)(1) The city council of the City of Tucker shall consist of six members, plus the mayor. (2) There shall be three council districts, designated as Council Districts 1 through 3, as described in Appendix B of this charter, which is attached to and made a part of this charter of the City of Tucker. (3) Two councilmembers shall be elected from each of the three council districts and shall hold Council District 1, Post 1; Council District 1, Post 2; Council District 2, Post 1; Council District 2, Post 2; Council District 3, Post 1; and Council District 3, Post 2, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post shall be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their respective successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. 2112 JOURNAL OF THE SENATE (e) With the exception of the initial term of office, the mayor of the City of Tucker, with the powers and duties specified in this charter, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election, and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting in such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. SECTION 2.02. Mayor and councilmembers; terms and qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their respective successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Tucker for a continuous period of at least 12 months immediately prior to the date of election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Tucker. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person continues to reside in such district during that person's period of service. (b) An election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01. Thereafter, the time for holding regular municipal elections shall be on the Tuesday after the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold a position as a councilmember shall be limited to two terms. (d) The number of successive terms an individual may hold the position of mayor shall be limited to three terms. WEDNESDAY, MARCH 25, 2015 2113 SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city shall not hold other elective or public offices. The elective offices of the city's government shall become vacant upon the incumbent's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office: (1) Failing to reside in the city or the district from which such person was elected; (2) Being convicted of, or pleading guilty or nolo contendere to, a felony or any misdemeanor involving theft or deception; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidate for mayor who receives the majority vote of the qualified electors of the city at large voting in the elections of the city and the candidates for the city council who receive the majority vote of the qualified electors of their respective districts voting in the elections of the city shall be elected to a term of office. 2114 JOURNAL OF THE SENATE SECTION 2.06. Applicability of general laws; qualifying; other provisions. All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $20,000.00, and the annual salary for each councilmember shall be $14,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. SECTION 2.09. Meetings, oath of office, and mayor pro tempore. (a) The city council shall meet on the seventh working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Tucker, and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of the State of Georgia, and the charter, ordinances, and regulations of the City of Tucker. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of WEDNESDAY, MARCH 25, 2015 2115 trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Tucker for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Tucker to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote, and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and 2116 JOURNAL OF THE SENATE shall receive the affirmative votes of a majority of those voting. Notwithstanding any provision to the contrary, no ordinance shall be adopted if the ordinance receives a no vote from both councilmembers that have a residence requirement in any one of the three districts. (b) Any voting member of the council may abstain from voting on an issue or may recuse himself or herself from voting only when a conflict of interest exists. Such conflict shall be disclosed to the city council and entered on the record. A vote to abstain may be entered by any voting member as a protest under the councilmember's First Amendment rights and shall be reflected as such in the record of the vote. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved, provided that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (c) The following types of actions require an ordinance in order to have the force of law: (1) Adopt or amend an administrative code or establish, alter, or abolish a department, office not specified in this charter, or agency; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; (9) Amend or repeal an ordinance already adopted; and (10) Propose and vote on a budget for the fiscal year and to authorize a budget plan for a term beyond the current fiscal year. (d) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by a three-fourths' vote; provided, however, that the city council shall not in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money. SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Tucker as provided in Article I of this charter. WEDNESDAY, MARCH 25, 2015 2117 (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Tucker and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established under this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is in conflict with or which is within the scope of the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; 2118 JOURNAL OF THE SENATE (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $150.00; or (5) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest, such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected. SECTION 2.14. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. If the city council does not approve of two consecutive nominations by the mayor for the same position, any councilmember may nominate such member subject to confirmation by the city council. WEDNESDAY, MARCH 25, 2015 2119 (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of a board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized by law to administer oaths. (e) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend such ordinance or resolution. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. 2120 JOURNAL OF THE SENATE Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section of this charter. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however, that an additional item shall be added to the agenda upon the written request of any member of the city council, and name of the mayor or councilmember placing an item on the agenda shall be noted on the agenda; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local government bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; (9) Approve all raises or increases in compensation of city staff with the consent of the city council; and WEDNESDAY, MARCH 25, 2015 2121 (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (c) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section. SECTION 3.02. City manager; appointment and qualification. The mayor shall nominate a person for the office of city manager, and the approval of the city council shall be required to make the appointment official. If the first proposed city manager is rejected by the city council, the mayor shall make a second appointment selection. If the city council rejects that second appointment selection, the city council shall offer a candidate for city manager and, by a majority vote, send the appointee to the mayor for approval. If the mayor vetoes or does not approve, a second vote of a twothirds' majority of the council shall be needed to approve the appointee for the position. The city council may offer as many candidates as needed until the required approval is achieved. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction. SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power, and it shall be his or her duty, to: (1) See that all laws and ordinances are enforced; (2) Propose a budget for city operations from a zero base with input from the actual expenditures of the city from the prior year; (3) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who, by this charter, are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (4) Remove employees appointed and employed under paragraph (3) of this section, 2122 JOURNAL OF THE SENATE without the consent of the city council and without assigning any reason therefor; (5) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter or specified by the city council; (6) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that regardless of the decision of the meeting chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (7) Recommend to the city council for adoption such measures as the city manager may deem necessary or expedient; (8) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (9) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (11) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (12) Keep the city council at all times fully advised as to the financial condition and needs of the city; (13) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (14) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (15) Shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with the approval of the city council; and WEDNESDAY, MARCH 25, 2015 2123 (16) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. SECTION 3.05. City council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager or a designated agent, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may remove the city manager from office for any reason in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. 2124 JOURNAL OF THE SENATE SECTION 3.07. Acting city manager. (a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The city council shall appoint the city attorney or attorneys, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney or attorneys shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court if the city elects to create a municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. Except as provided in this charter, the city attorney or attorneys shall review and sign all contracts and documents that bind the city but shall not have the power to bind the city. In a conflict between the mayor and the city council, the city attorney shall engage a separate outside firm to represent the interests of the city council and mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interest of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual and separate attorneys for the individuals of the city council shall not be necessary. SECTION 3.09. City clerk. The city council shall appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. WEDNESDAY, MARCH 25, 2015 2125 SECTION 3.10. Tax collector. The mayor may appoint a tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The city council shall appoint a city accountant to perform the duties of an accountant. SECTION 3.12. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) the provisions of this charter; (2) the applicable city budget; and (3) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. SECTION 3.13. Consolidation of functions. The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.14. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of Tucker and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager 2126 JOURNAL OF THE SENATE shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. The city council may establish by ordinance a court to be known as the Municipal Court of the City of Tucker which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of such laws or ordinances. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by a judge of such court pursuant to Chapters 32 through 45 and 60 through 76 of Title 36 of the O.C.G.A. The provisions of this article shall apply only upon the creation of the municipal court. SECTION 4.02. Judges. (a) There shall be at least one judge of the municipal court and that judge shall be designated as the chief judge with the authority to direct the court calendar, recommend associate judges to the city council, sit in presiding matters, discipline the city solicitors, and enforce all the powers of a judicial officer pursuant to Chapter 1 of Title 15 of the O.C.G.A. (b) No person shall be qualified or eligible to serve as a judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of seven years. The judge or judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (c) Before entering on duties of his or her office, a judge shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. WEDNESDAY, MARCH 25, 2015 2127 (d) A judge shall serve for a term of four years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or shall be removed upon action by the State Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Tucker and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Tucker, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be 2128 JOURNAL OF THE SENATE served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Tucker granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judge or judges shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but not later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating WEDNESDAY, MARCH 25, 2015 2129 budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget shall be presented and public comment on the budget shall be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (c) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance. SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without the city attorney's signature or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. 2130 JOURNAL OF THE SENATE SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 5.07. External audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. (c) The city council shall appoint the external auditor. SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing WEDNESDAY, MARCH 25, 2015 2131 authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.09. Homestead exemption; senior citizens; disabled. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of 2132 JOURNAL OF THE SENATE this section is made. (b) Each resident of the City of Tucker who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. WEDNESDAY, MARCH 25, 2015 2133 SECTION 5.10. Homestead exemption; general. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.11. Homestead exemption; surviving spouses. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for 2134 JOURNAL OF THE SENATE municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Tucker and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Tucker ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Tucker, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Tucker, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of Tucker, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Tucker or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Tucker, or the designee thereof, WEDNESDAY, MARCH 25, 2015 2135 may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2017. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. DeKalb county special services tax district. For the taxable years beginning on or after January 1, 2016, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Tucker special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Tucker shall be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Tucker for approval or rejection. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 2015. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: 2136 JOURNAL OF THE SENATE "( ) YES Shall the Act incorporating the City of Tucker in DeKalb County ( ) NO according to the charter contained in the Act and the homestead exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Tucker shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the qualified electors of the City of Tucker shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Tucker as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Tucker shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Tucker and the powers and duties of the governing authority of the City of Tucker. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and by action of any four members of the governing authority may, prior to the first day of the second month immediately following the 2016 presidential preference primary, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Tucker. Accordingly, there shall be a twoyear transition period as allowed by law beginning at 12:01 A.M. on the first day of the second month immediately following the 2016 presidential preference primary. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2015 and at the same actual direct cost and level of service, except to the WEDNESDAY, MARCH 25, 2015 2137 extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of Tucker, responsibility for any such service or function shall be transferred to the City of Tucker. The governing authority of the City of Tucker shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Tucker is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Tucker may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Tucker. Any transfer of jurisdiction to the City of Tucker during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Tucker may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Tucker commencing to exercise its planning and zoning powers, the Municipal Court of the City of Tucker shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Tucker shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that, if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the 2138 JOURNAL OF THE SENATE referendum election provided for in Section 6.02 of this Act is conducted on or before the Tuesday after the first Monday in November, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after the Tuesday after the first Monday in November, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act. SECTION 6.05. Charter commission. No later than three years after the inception of the City of Tucker, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one member by the mayor, one member by the city council, and one member by each member of the Georgia House of Representatives and Georgia Senate whose district lies wholly or partially within the corporate boundaries of the City of Tucker. All members of the charter commission shall reside in the City of Tucker. The commission shall complete the recommendations within the time frame required by the city council. SECTION 6.06. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6.07. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF TUCKER, DEKALB COUNTY, GEORGIA The corporate limits of the City of Tucker shall include the areas specified as follows unless such areas are within the corporate limits of another municipality on the effective date of this charter: WEDNESDAY, MARCH 25, 2015 Plan: tucker-SD040-p1(corp)-2015 Plan Type: Local Administrator: SD040 User: bak District TUCKER DeKalb County VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089RD - REHOBOTH 021704: 2139 2140 JOURNAL OF THE SENATE 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY For the purposes of this description, 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 the 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. APPENDIX B LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF TUCKER, DEKALB COUNTY, GEORGIA Plan: tucker-SD040-p1(dist)-2015 Plan Type: Local Administrator: SD040 User: bak District 001 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 3000 021806: 1000 1001 1002 1003 1007 1008 1009 1015 1016 1017 1018 1019 1021 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2031 3017 021912: WEDNESDAY, MARCH 25, 2015 1004 1005 VTD: 089HG - HUGH HOWELL VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 3020 VTD: 089NC - NORTH HAIRSTON 021910: 1000 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE 021805: 3002 3003 3007 3008 021806: 2026 2029 2030 021907: 3026 021910: 3000 3001 3002 3003 3004 3005 021911: 2000 2001 021913: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 District 002 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 1009 1010 1013 1014 1016 1017 3001 3009 021806: 1004 1006 1010 1011 1012 1013 1014 1020 1022 VTD: 089BH - BROCKETT 021805: 2141 2142 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 3019 021806: 1005 022009: 3007 3008 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089MK - MONTREAL 022001: 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 022007: 1000 1011 1012 022009: 1014 1015 2000 VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089NC - NORTH HAIRSTON 021910: 2000 VTD: 089SI - STN MTN MIDDLE 021805: 3004 3005 3020 3021 3022 District 003 DeKalb County VTD: 089BH - BROCKETT 021805: 2003 2004 2005 2006 2007 WEDNESDAY, MARCH 25, 2015 2143 021809: 2038 2039 2040 021810: 3023 3030 3031 3034 3035 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3015 3016 021809: 1004 1005 1006 1008 2000 2001 2002 2003 2004 2005 2006 2011 2012 2022 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL 021704: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY For the purposes of this plan (tucker-p1-2015): (1) 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; (2) 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; 2144 JOURNAL OF THE SENATE (3) Any part of the City of Tucker which is not included in any district described in this plan (tucker-p1-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of Tucker which is described in this plan (tucker-p1-2015) 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; and (5) Any part of the City of Tucker which is described in this plan but is in the corporate limits of another municipality on the effective date of this Act shall nevertheless not be included in any of the districts described in the plan. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Billy Mitchell, Georgia State Representative from the 88th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Tucker, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified this ___________ day of ________________, 2015. ____________________________________ Honorable Billy Mitchell Representative, 88th District Georgia State House of Representatives On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 25, 2015 2145 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L James N Jeffares Y Jones, B Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Rhett Seay Shafer (PRS) Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 1. HB 515, having received the requisite constitutional majority, was passed by substitute. Senator Henson of the 41st moved that HB 515 be immediately transmitted to the House. On the motion, there was no objection, and HB 515 was immediately transmitted. The President resumed the Chair. The following bill was taken up to consider House action thereto: SB 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 2146 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended in Code Section 26-4-5, relating to definitions, by adding new paragraphs to read as follows: "(1.1) 'Biological product' means a biological product as defined in subsection (i) of section 351 of the Public Health Service Act, 42 U.S.C. Section 262." "(18.2) 'Interchangeable biological product' means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration." SECTION 2. Said chapter is further amended by revising Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows: "26-4-81. (a) In accordance with this Code section, a pharmacist may substitute: (1) A a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product with an interchangeable biological product. (b) If a practitioner of the healing arts prescribes: (1) A a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product by its nonproprietary name, the pharmacist shall dispense the lowest retail priced interchangeable biological product which is in stock. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced: (1) Drug drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent; or (2) Interchangeable biological product which is in stock. WEDNESDAY, MARCH 25, 2015 2147 (d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product or interchangeable biological product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board. (3) If a pharmacist substitutes an interchangeable biological product for a prescribed biological product when dispensing a prescribed medication, the name of the interchangeable biological product, with an explanation of 'interchangeable biological product for (insert name of prescribed biological product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the biological product may not appear upon the prescription label; provided, however, that this paragraph shall not apply to biological products dispensed for in-patient hospital services, to hospital administered biological products for outpatients, or to biological products in specialty packaging for dosing purposes as defined by the board. This paragraph shall apply to hospital retail pharmacies and to any biological products dispensed by a hospital for a patient's use or administration at home. (e) The substitution of any drug or biological product by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug or biological product order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product. (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug or biological product order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug or biological product order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug or biological product order, a generic drug or 2148 JOURNAL OF THE SENATE interchangeable biological product shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record. (h) Within 48 hours, excluding weekends and holidays, following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescriber the specific product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy record that is electronically accessible by the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber by using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where: (1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the prescribed product; or (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (i) The board shall maintain a link on its website to the current list of all biological products determined by the federal Food and Drug Administration to be interchangeable with a specific biological product. (j) Code Section 26-4-118, 'The Pharmacy Audit Bill of Rights,' shall apply to biological products and interchangeable biological products dispensed pursuant to this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Burke of the 11th moved that the Senate agree to the House substitute to SB 51. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Davenport Y Dugan Y Fort Y Ginn Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Jones, E Jones, H Y Kennedy Y Kirk Y Orrock Parent Y Ramsey Y Rhett Seay Y Shafer Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins WEDNESDAY, MARCH 25, 2015 2149 N Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis E Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 51. The following bill was taken up to consider House action thereto: SB 2. By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 2 (LC 33 5850S (SCS)) by striking line 16 and inserting in lieu thereof the following: (2) Has completed at least the following state required ninth Senator Tippins of the 37th moved that the Senate agree to the House amendment to SB 2. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Orrock Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone 2150 JOURNAL OF THE SENATE Davenport Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Tate Y Thompson, B Y Thompson, C Y Tippins E Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 2. The following bill was taken up to consider House action thereto: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Gooch of the 51st asked unanimous consent that the Senate adhere to its substitute to HB 170 and that a Conference Committee be appointed. Senator Heath of the 31st moved to instruct the conference committee on HB 170 to include certain language in the conference committee report. Senator Gooch objected. On the motion, the yeas were 13, nays 33, and the motion to instruct failed. WEDNESDAY, MARCH 25, 2015 2151 On the motion to adhere to the Senate substitute and appoint a Conference Committee, the consent was granted, and the President appointed as a Conference Committee the following Senators: Gooch of the 51st, Williams of the 19th and Shafer of the 48th. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2015 Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Dean Burke to serve as Ex-Officio for the Senate Public Safety Committee meeting on March 25, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate 2152 JOURNAL OF THE SENATE OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2015 Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Jeff Mullis to serve as Ex-Officio for the Senate Public Safety Committee meeting on March 25, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2015 Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 WEDNESDAY, MARCH 25, 2015 2153 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Mike Dugan to serve as Ex-Officio for the Senate Education and Youth Committee meeting on March 25, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 25, 2015 Mr. David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear David: In accordance with the Senate Rules, the Committee on Assignments hereby appoints Senator Tommie Williams to serve as Ex-Officio for the Senate Education and Youth Committee meeting on March 25, 2015. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor President of the Senate Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Thursday, March 26, 2015. The motion prevailed, and the President announced the Senate adjourned at 2:12 p.m. 2154 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 26, 2015 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator David Shafer, President Pro Tempore. 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 627. By Representatives Turner of the 21st, Battles of the 15th, Caldwell of the 20th, Ballinger of the 23rd and Setzler of the 35th: A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 639. By Representative Jasperse of the 11th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. HB 641. By Representatives Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of Spalding 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. THURSDAY, MARCH 26, 2015 2155 HB 642. By Representatives Rhodes of the 120th and Kidd of the 145th: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 1. By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; 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 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: 2156 JOURNAL OF THE SENATE HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Roberts of the 155th, Hamilton of the 24th, and Smyre of the 135th. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 88. By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2015 2157 SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; 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 Resolutions of the Senate: SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th: A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th: A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2158 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 241. By Senator Jackson of the 2nd: A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. SR 592. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Welfare Fraud Study Committee; and for other purposes. Referred to the Committee on Health and Human Services. SR 595. By Senators Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 32nd, Mullis of the 53rd, Beach of the 21st and others: A RESOLUTION encouraging the United States to return healthcare decisionmaking power back to the State of Georgia and its citizens; and for other purposes. Referred to the Committee on Health and Human Services. SR 598. By Senators Orrock of the 36th, Hill of the 4th, Mullis of the 53rd, Harbison of the 15th, Henson of the 41st and others: A RESOLUTION commending Alan Essig for his many years of service to the State of Georgia; and for other purposes. Referred to the Committee on Finance. The following House legislation was read the first time and referred to committee: HB 627. By Representatives Turner of the 21st, Battles of the 15th, Caldwell of the 20th, Ballinger of the 23rd and Setzler of the 35th: A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to THURSDAY, MARCH 26, 2015 2159 provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 639. By Representative Jasperse of the 11th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 641. By Representatives Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of Spalding 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 Committee on State and Local Governmental Operations. HB 642. By Representatives Rhodes of the 120th and Kidd of the 145th: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Education and Youth has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 2160 JOURNAL OF THE SENATE HB 131 HB 313 HB 474 SR 564 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass HB 209 HB 372 HB 502 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman Mr. President: The Committee on Finance has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 20 HB 94 HB 237 HB 312 HB 457 Do Pass Do Pass Do Pass Do Pass Do Pass by substitute HB 49 HB 202 HB 308 HB 339 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 162 Do Pass by substitute HB 439 Do Pass by substitute HB 190 Do Pass by substitute HB 552 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: THURSDAY, MARCH 26, 2015 2161 HB 99 HB 567 SR 573 Do Pass Do Pass Do Pass HB 322 Do Pass by substitute HB 568 Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Judiciary Non-Civil has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 89 HB 268 HB 352 Do Pass Do Pass by substitute Do Pass HB 103 HB 304 HB 452 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 110 Do Pass by substitute HB 492 Do Pass by substitute HB 114 Do Pass by substitute SR 460 Do Pass Respectfully submitted, Senator Harper of the 7th District, Chairman Mr. President: The Committee on Regulated Industries and Utilities has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 152 HB 253 HB 314 HB 461 Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute HB 232 HB 297 HB 341 HB 535 Do Pass Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Jeffares of the 17th District, Chairman 2162 JOURNAL OF THE SENATE Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate the following action: HB 185 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Committee on Rules to the Senate Committee on Insurance and Labor from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 571 HB 601 HB 623 HB 631 HB 636 SB 215 SB 231 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 595 HB 618 HB 626 HB 634 HB 637 SB 221 SB 236 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 192 HB 432 SR 507 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman THURSDAY, MARCH 26, 2015 2163 Mr. President: The Committee on State Institutions and Property has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 519 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman Mr. President: The Committee on Transportation 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 Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 20 HB 103 HB 190 HB 253 HB 313 HB 372 HB 474 HB 568 HB 21 HB 110 HB 192 HB 268 HB 314 HB 432 HB 492 HR 519 HB 49 HB 114 HB 202 HB 297 HB 322 HB 439 HB 502 SR 460 HB 89 HB 131 HB 209 HB 304 HB 339 HB 452 HB 535 SR 507 HB 94 HB 152 HB 232 HB 308 HB 341 HB 457 HB 552 SR 564 HB 99 HB 162 HB 237 HB 312 HB 352 HB 461 HB 567 SR 573 The President assumed the Chair. Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator McKoon of the 29th asked unanimous consent that Senator Crane of the 28th be excused. The consent was granted, and Senator Crane was excused. Senator Tate of the 38th asked unanimous consent that Senator Ramsey, Sr. of the 43rd be excused. The consent was granted, and Senator Ramsey, Sr. was excused. 2164 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Davenport Dugan Fort Ginn Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Orrock Parent Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Williams, T Not answering were Senators: Crane (Excused) Ramsey, Sr. (Excused) Gooch Thompson, C. (Excused) Harbin The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Black of the 8th introduced the chaplain of the day, Pastor Bob Ellis of Clyattville, Georgia, who offered scripture reading and prayer. Senator Burke of the 11th recognized the Colquitt County Packers football team for winning the 2014 Class AAAAAA State Championship, commended by SR 58, adopted previously. Coach Rush Propst addressed the Senate briefly. Senator Bethel of the 54th recognized Georgia Tech legend, George P. Burdell, on being an upstanding citizen and distinguished alumni and faculty member of the Georgia Institute of Technology, commended by SR 401, adopted previously. President Bud Peterson addressed the Senate briefly. Senator Harper of the 7th recognized the Emergency Management Association of Georgia and declared February 25, 2015, as Emergency Management Association Day at the capitol, commended by SR 262, adopted previously. President Claude C. Craig addressed the Senate briefly. THURSDAY, MARCH 26, 2015 2165 Senator Wilkinson of the 50th recognized Franklin County Middle School Technology Student Association, commended by SR 424, adopted previously. Dr. David Phillips addressed the Senate briefly. Senator Mullis of the 53rd recognized the Georgia State University Men's Basketball Team on their championship season and outstanding performance in the 2015 NCAA Men's Basketball Tournament, commended by SR 580, adopted previously. Head Coach Ron Hunter addressed the Senate briefly. Senator Fort of the 39th introduced the doctor of the day, Dr. Cinnamon Bradley. Senator Jones of the 25th honored the life and memory of Mr. Robert Forrest "Bobby" Towns, commended by SR 579, adopted previously. Senator Williams of the 27th recognized the Forsyth County Sheriff's Department, commended by SR 265, adopted previously. Sheriff Duane K. Piper addressed the Senate briefly. The following resolutions were read and adopted: SR 591. By Senators Miller of the 49th, Jones of the 25th, Kennedy of the 18th and Harbin of the 16th: A RESOLUTION recognizing March 26, 2015, as Georgia Food Bank Association Day at the state capitol; and for other purposes. SR 596. By Senators Harbin of the 16th, Kennedy of the 18th, Jackson of the 24th and Heath of the 31st: A RESOLUTION recognizing and commending Jerry Lloyd Harbin and Earline Addis Harbin on the grand occasion of their 50th wedding anniversary; and for other purposes. SR 597. By Senators Shafer of the 48th, Henson of the 41st, Jackson of the 24th, Jones II of the 22nd, Beach of the 21st and others: A RESOLUTION honoring the life and memory of Governor Carl Sanders; and for other purposes. SR 599. By Senator Jones II of the 22nd: A RESOLUTION congratulating the Laney High School girls basketball team for its excellent performance at the GHSA Class AAA State Championship game; and for other purposes. 2166 JOURNAL OF THE SENATE Senator Hill of the 32nd 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 26, 2015 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 215 Harbison of the 15th SCHLEY COUNTY UTILITIES AUTHORITY A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 221 Ramsey, Sr. of the 43rd Davenport of the 44th Jones of the 10th Parent of the 42nd Millar of the 40th Butler of the 55th Henson of the 41st CITY OF GREENHAVEN IN DEKALB COUNTY A BILL to be entitled an Act to provide for the incorporation of the City of Greenhaven in DeKalb County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 231 Ramsey, Sr. of the 43rd Jeffares of the 17th CITY OF CONYERS PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to SB 236 HB 571 HB 595 THURSDAY, MARCH 26, 2015 2167 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd STATE COURT OF CATOOSA COUNTY A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. Millar of the 40th Albers of the 56th Hill of the 32nd Hill of the 6th CITY OF SANDY SPRINGS A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Albers of the 56th Millar of the 40th Beach of the 21st Shafer of the 48th Hill of the 6th Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to 2168 HB 601 HB 618 HB 623 HB 626 JOURNAL OF THE SENATE provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Dugan of the 30th Crane of the 28th CARROLL COUNTY A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Burke of the 11th SEMINOLE COUNTY A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes. Lucas of the 26th Jones of the 25th Kennedy of the 18th "MACON COUNTY WATER AUTHORITY ACT" A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE Black of the 8th CHARTER FOR THE CITY OF LAKELAND A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of HB 631 HB 634 HB 636 HB 637 THURSDAY, MARCH 26, 2015 2169 the city; 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. Beach of the 21st Albers of the 56th Thompson of the 14th CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes. Thompson of the 5th Martin of the 9th Unterman of the 45th CITY OF LAWRENCEVILLE A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF VIDALIA A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia 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 OF HAZELHURST A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes. 2170 JOURNAL OF THE SENATE Pursuant to Senate Rule 4-2.9(b), Senator Henson of the 41st filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to SB 221, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Henson of the 41st /s/ Butler of the 55th /s/ Parent of the 42nd Date: March 26, 2015 Pursuant to Senate Rule 4-2.9(b), SB 221 was removed from the Senate Local Consent Calendar and placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 623: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 623: A BILL TO BE ENTITLED AN ACT To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by revising Section 5 by deleting "and" at the end of paragraph (19.1) and by adding a new paragraph to read as follows: "(19.2) As authorized by and pursuant to an intergovernmental agreement with the governing authority responsible for storm water control in the areas served by the authority, to provide storm water management services and operate, maintain, develop, repair, and construct a storm water management system and utility in areas served by the authority; to issue bonds therefor, set rates, establish fees, and enter into agreements regarding the same; and to perform any and all actions related to the operation and maintenance of such storm water management system and utility THURSDAY, MARCH 26, 2015 2171 including the right to exercise all powers as are now or may hereafter be vested in the authority in connection with its operation and provision of water and sewerage services in the areas which it services; and". SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 4, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 46, nays 4. The bills on the Local Consent Calendar, except HB 623, having received the requisite constitutional majority, were passed. HB 623, having received the requisite constitutional majority, was passed by substitute. 2172 JOURNAL OF THE SENATE The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Thursday, March 26, 2015 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 221 Ramsey, Sr. of the 43rd Davenport of the 44th Jones of the 10th Parent of the 42nd Millar of the 40th Butler of the 55th Henson of the 41st CITY OF GREENHAVEN IN DEKALB COUNTY A BILL to be entitled an Act to provide for the incorporation of the City of Greenhaven in DeKalb County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Henson of the 41st moved that SB 221 be placed on the Table. Senator Davenport of the 44th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers N Beach Y Bethel Y Black Burke Y Butler Y Cowsert Y Crane N Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Jeffares N Jones, B Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Orrock Y Parent N Ramsey N Rhett Y Seay Y Shafer N Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins N Tolleson THURSDAY, MARCH 26, 2015 2173 Y Harbin Harbison Y Harper Y Heath Henson Y Hill, H N Lucas Y Martin McKoon Y Millar Y Miller N Mullis Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 37, nays 11; the motion prevailed, and SB 221 was placed on the Table. Senator Jeffares of the 17th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR THURSDAY, MARCH 26, 2015 THIRTY-SEVENTH LEGISLATIVE DAY HB 397 HB 106 HB 177 HB 183 State Soil and Water Conservation Commission; revise provisions; provisions (Substitute)(AG&CA-49th) Knight-130th Highways; revise what constitutes part of the state highway system; provisions (Substitute)(TRANS-19th) Roberts-155th Social services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide (H&HS-45th) Wilkerson-38th Home Care Patient Protection Act; enact (H&HS-13th) Knight-130th HB 225 Local government; all for-hire drivers obtain a for-hire license endorsement before driving for hire; provide (Substitute)(S&T-21st) Powell-32nd HB 252 J. Calvin Hill, Jr., Act; enact (GvtO-56th) Caldwell-20th HB 263 Criminal Justice Coordinating Council; advisory board to the council for juvenile justice issues; provide (Substitute)(JUDYNC-18th) Coomer-14th HB 299 Contracts; provide for definitions; provisions (B&FI-49th) Dunahoo-30th HB 347 Interest and usury; interest on certain domestic relations cases; clarify provisions (JUDY-54th) Hightower-68th HB 353 Nonpublic postsecondary educational institutions; revise definitions; revise provisions (H ED-40th) Rogers-29th 2174 JOURNAL OF THE SENATE HB 505 Physical therapists; licensure and regulations of therapists and therapy assistants; revise various provisions (Substitute)(H&HS-52nd) Cooper-43rd HR 304 Georgia's technical schools, colleges and universities; expand gerontology and dementia education and training; encourage (H ED-1st) Cooper-43rd 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 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Committee on Agriculture and Consumer Affairs offered the following substitute to HB 397: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to funding of water supply reservoirs; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2015 2175 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by revising Code Section 2-6-23, relating to establishment of the State Soil and Water Conservation Commission, as follows: "2-6-23. (a) There is established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Commission. The commission shall be assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3. (b) Five district soil and water conservation supervisors, who shall be appointed by the Governor as provided in this Code section, shall serve as members of the commission. Commencing with appointments for the year 1977, the Governor shall appoint to the commission one supervisor from each of the five Georgia Association of Conservation District Supervisors' groups. Commencing with appointments for the year 2015, the Governor shall appoint one at-large member from each of the five soil and water conservation district regions to serve on the commission. Such initial appointments were shall be for terms of office of one, two, three, four, and five years, respectively. Thereafter, successors shall be appointed for terms of office of five years and until their successors are duly appointed. (c) The following persons shall serve ex officio in an advisory capacity to the State Soil and Water Conservation Commission: (1) The director of the Cooperative Extension Service associate dean for extension of the College of Agricultural and Environmental Sciences of the University of Georgia; (2) The commissioner of natural resources; (3) The director of experiment stations associate dean of research of the College of Agricultural and Environmental Sciences of the University of Georgia; (4) The executive director of the Agricultural Stabilization Conservation Service; (5) The Georgia state director of the Farmer's Home Administration; (6) The director of the Southern Piedmont Conservation Research Center; (7) The president of the Georgia Association of Conservation District Supervisors; (8) The director of the State Forestry Commission; (9) The Georgia supervisor of national forests of the U.S. Forestry Service; (10) The state conservationist of the U.S. Soil Conservation Service U.S. Natural Resources Conservation Service; (11) The dean and director of the College of Agricultural and Environmental Sciences of the University of Georgia; (12) The state supervisor state program manager of agricultural education in this state; (13) The Commissioner of Agriculture; and (14) Such other representatives of state or federal agencies as the commission deems 2176 JOURNAL OF THE SENATE desirable. (d) The commission shall adopt a seal, which shall be judicially noticed. It may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article." SECTION 2. Said article is further amended by revising Code Section 2-6-27, relating to additional duties and powers of the commission, as follows: "2-6-27. In addition to the duties and powers otherwise conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of the soil and water conservation districts in the carrying out of any of their powers and programs; (2) To keep the supervisors of each of the districts informed of the activities and experiences of all the other districts and to facilitate an interchange of advice, experience, and cooperation between such districts; (3) To coordinate the programs of the districts so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and any of its agencies and of the agencies and counties of this state in the work of such districts; (5) To disseminate information throughout this state concerning the activities and programs of the districts and to encourage the formation of such districts in areas where their organization is desirable; (6) To receive gifts, appropriations, materials, equipment, land, and facilities and to manage, operate, and disperse the same; (7) To formulate such rules and regulations, to exercise such powers, and to perform such duties as are necessary to implement the administration of the federal Watershed Protection and Flood Prevention Act; (7.1) To formulate such rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources, to exercise such powers, and to perform such duties as are necessary to implement the administration of the education and training program established under Code Section 12-7-19; (7.2) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105; (8) To enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article; and (9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to: (A) Fund up to 20 percent of the cost of obtaining permits for and constructing THURSDAY, MARCH 26, 2015 2177 improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; or (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article." SECTION 3. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, is amended in Code Section 12-7-3, relating to definitions, by redesignating paragraph (10.1) as paragraph (10.2) and by adding a new paragraph to read as follows: "(10.1) 'Manual for Erosion and Sediment Control in Georgia' or 'manual' means the published guidance of the commission governing the design and practices to be utilized in the protection of this state's natural resources from erosion and sedimentation which shall be based foremost upon sound engineering principles and repeatable bench and field testing of structural and vegetative best management practices and which shall have the annual approval of the Erosion and Sediment Control Overview Council established pursuant to Code Section 12-7-7.1." SECTION 4. Said chapter is further amended in Code Section 12-7-7.1, relating to erosion and sediment control plan preparation, completion, and implementation, by revising subsection (f) as follows: "(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall approve the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission. In addition, the council shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member of the House of Representatives who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member of the Senate who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation State Road and Tollway Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives one representative of the highway contracting industry certified by the Department of 2178 JOURNAL OF THE SENATE Transportation, one representative of the electric utility industry, and a chairperson. The council shall meet prior to December 1, 2015, to approve the most current version of the manual and at all other times as necessary to approve any subsequent changes or updates to the manual prior to its implementation. Such meetings shall be held at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute." 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 Parent of the 42nd offered the following amendment #1: Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 397 (LC 40 0922S) by replacing line 25 with the following: conservation district regions to serve on the commission, of which three shall be district soil and water conservation supervisors. Such initial appointments were 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 11, nays 20, and the Parent amendment #1 to the committee substitute was lost. Senators Orrock of the 36th and Henson of the 41st offered the following amendment #2: Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 397 (LC 40 0922S) by redesignating Sections 4, 5, and 6 as Sections 5, 6, and 7, respectively and by replacing line 112 with the following: pursuant to Code Section 12-7-7.1 and the Stakeholder Advisory Board pursuant to Code Section 12-7-20; provided, however, that approval by either entity shall be sufficient to adopt such manual for purposes of this chapter." THURSDAY, MARCH 26, 2015 2179 SECTION 4. Said chapter is further amended in Code Section 12-7-20, relating to the Stakeholder Advisory Board, by revising subsection (d) as follows: "(d)(1) The Stakeholder Advisory Board shall be responsible for working together with the division and the commission to establish, evaluate, and maintain the education and training program established pursuant to Code Section 12-7-19, including but not limited to reviewing course curricula, educational materials, and exam and testing procedures; evaluating trainer and instructor qualifications; and reviewing audit results performed by the commission. (2) The Stakeholder Advisory Board shall also approve the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission." 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 11, nays 29, and the Orrock, Henson amendment #2 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin N Harbison Y Harper N Hill, Jack E Hill, Judson Hufstetler Y Jackson, B N Jackson, L N James E Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin McKoon N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2180 JOURNAL OF THE SENATE N Heath N Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 31, nays 19. HB 397, having received the requisite constitutional majority, was passed by substitute. Senator Miller of the 49th moved that HB 397 be immediately transmitted to the House. On the motion, there was no objection, and HB 397 was immediately transmitted. Senator Martin of the 9th was excused for business outside the Senate Chamber. HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Committee on Transportation offered the following substitute to HB 106: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to change certain provisions relating to the special district transportation sales and use tax pursuant to the Transportation Investment Act of 2010; to provide for future levies to be at a fractional rate; to change procedures and requirements regarding the future imposition of such tax; to change certain provisions regarding the ceiling on the amount of local sales and use taxes; to provide for an additional transportation special purpose local option sales and use tax by counties and municipalities; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2015 2181 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (d) of and adding new subsections to Code Section 48-8-241, relating to the creation of special districts and the tax rate for purposes of a transportation sales and use tax, as follows: "(d) Any Except as otherwise provided in subsection (e) of this Code section, any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to: (1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; or (5) For motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit. The tax imposed pursuant to this article shall only be levied on the first $5,000.00 of any transaction involving the sale or lease of a motor vehicle. The tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3. (e) Any tax imposed under this article on or after July 1, 2015, may be at a rate of up to 1 percent but shall not be more than 1 percent. Any rate less than 1 percent shall be in an increment of .05 percent. This subsection shall not apply to taxes under this article imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2015." SECTION 1-2. Said chapter is further amended by revising paragraph (12) of Code Section 48-8-242, relating to definitions relative to Special District Transportation Sales and Use Tax, as follows: "(12) 'Special Regional Transportation Funding Election Act' means an Act 2182 JOURNAL OF THE SENATE specifically and exclusively enacted for the purpose of ordering that a referendum be held for the reimposition of the special district transportation sales and use tax within the region that includes the districts, in their entirety or any portion thereof, of the members from a local legislative delegation in the General Assembly. A majority of the signatures of the legislative delegation for a majority of the counties within the region shall be required for the bill to be placed upon the local calendar of each chamber. This method shall be exclusively used for this purpose and no other bill shall be placed or voted upon on the local calendar utilizing this method of qualification for placement thereon. This Act shall be treated procedurally by the General Assembly as a local Act and all counties within the region shall receive the legal notice requirements of a local Act. Reserved." SECTION 1-3. Said chapter is further amended by revising subsection (c) of Code Section 48-8-245, relating to the collection and cessation of special district transportation sales and use tax, as follows: "(c)(1) No more than a single 1 percent tax under this article may be collected at any time within a special district. (2) Upon the enactment by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of the counties within a special district in which a tax authorized by this article is in effect, an election may be held for the reimposition of the tax while the tax is in effect. Proceedings for the development of an investment list and for the reimposition of a tax shall be in the same manner as provided for in Code Section Sections 48-8-241 and 48-8-243. (3) Following the expiration of the special district transportation sales and use tax under this article, or following a special election in which voters in a special district rejected the imposition of the tax, upon the passage by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of counties within a special district, an election may be held for the imposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax. Such subsequent election shall be held on the date of a state-wide general primary. The election superintendents shall issue the call and conduct the election in the manner authorized by general law. The development of the investment list for such special district shall follow the dates established in Code Section 48-8-243 with the years adjusted appropriately, and such schedule shall be posted on a website developed by the state revenue commissioner to be used exclusively for matters related to the special district transportation sales and use tax within 30 days of the later of the state revenue commissioner's receipt of notice from the final county governing body required to adopt a resolution or of the passage of the Special Regional Transportation Funding Election Act by the General Assembly." THURSDAY, MARCH 26, 2015 2183 PART II SECTION 2-1. Said chapter is further amended in subsection (a) of Code Section 48-8-6, relating to the ceiling on local sales and use taxes, by revising paragraphs (4) and (5) and adding a new paragraph to read as follows: "(4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter.; and (6) A sales and use tax levied under Article 5A of this chapter." SECTION 2-2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 5A 48-8-260. As used in this article, the term: (1) 'Dealer' means a dealer as defined in paragraph (8) of Code Section 48-8-2. (2) 'District' means a special district created pursuant to subsection (a) of Code Section 48-8-261. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (4) 'Levy' means the collection within a special district of the tax authorized pursuant to this article. (5) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (6) 'Mass transportation regional system participant' means any county wherein mass transportation service is provided within, to, or from, by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. (7) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 situated wholly or partly within a district. (8) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. 48-8-261. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The 2184 JOURNAL OF THE SENATE geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 districts created. (b) On or after July 1, 2015, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is a mass transportation regional system participant; and (3) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales tax, the proceeds of which shall be used only for transportation purposes. (c) On or after July 1, 2017, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; and (2) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales tax, the proceeds of which shall be used only for transportation purposes. 48-8-262. (a) Prior to the issuance of the call for the referendum required by Code Section 48-8263, any county that desires to levy a tax under this article shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by subsection (a) of this Code section and prior to any tax being imposed under this article, the county and all qualified municipalities therein shall execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of THURSDAY, MARCH 26, 2015 2185 this subsection shall include the following: (A) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each transportation purpose from proceeds from the levy; (C) The procedures for distributing proceeds from the levy to qualified municipalities; (D) A schedule for distributing proceeds from the levy to qualified municipalities which shall include the priority or order in which transportation purposes will be fully or partially funded; (E) A provision that all transportation purposes included in the agreement shall be funded from proceeds from the levy except as otherwise agreed; (F) A provision that proceeds from the levy shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county and qualified municipalities choose to address. (c)(1) If an intergovernmental agreement is entered into by the county and all qualified municipalities, the rate of the tax may be up to 1 percent. (2) If an intergovernmental agreement is not entered into by the county and all qualified municipalities, the maximum rate of the tax shall not exceed .75 percent and shall be determined by the governing authority of the county. (d)(1) As soon as practicable after the meeting between the governing authorities of the county and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county may by a majority vote on a resolution offered for such purpose submit the list of transportation purposes and the question of whether the levy should be approved to electors of the district in the next regularly scheduled general election and shall notify the county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. The maximum period of time shall not exceed five years. 48-8-263. (a)(1) The ballot submitting the question of the imposition of the levy to the voters within the district shall have written or printed thereon the following: 2186 JOURNAL OF THE SENATE '( ) YES ( ) NO Shall a special ___ percent sales and use tax be imposed in the district consisting of _______County for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for transportation purposes?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall hold and conduct the election under the same rules and regulations as govern general elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes,' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (c) Where such question is not approved by the voters, the county may resubmit such question from time to time upon compliance with the requirements of this article. (d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the levy. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. THURSDAY, MARCH 26, 2015 2187 48-8-264. (a) If the imposition of the levy is approved at the general election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the levy was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the levy shall apply to services billed on or after the effective date specified in the previous sentence. (b) The levy shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the levy; or (3) As of the end of the calendar quarter during which the commissioner determines that the levy will have raised revenues sufficient to provide to the district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the levy. (c)(1) At any time, no more than a single tax under this article shall be imposed within a district. Any tax imposed under this article may be at a rate of up to 1 percent but shall not be more than 1 percent. Any rate less than 1 percent shall be in an increment of .05 percent. (2) The governing authority of the county in which a levy is in effect under this article may, upon approval of all qualified municipalities, while the levy is in effect, adopt resolutions calling for the reimposition of the levy upon the termination of the levy then in effect; and an election may be held at the next regularly scheduled general election for this purpose while the levy is in effect. Proceedings for the reimposition of a levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (3) Following the expiration of a levy under this article, the county may initiate proceedings for the reimposition of a levy under this article in the same manner as provided in this article for initial imposition of such levy. 48-8-265. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the district or the 2188 JOURNAL OF THE SENATE Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-266. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-267. (a) The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed: (A) Pursuant to the terms of the intergovernmental agreement, if applicable; or (B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. (b) In the event an intergovernmental agreement has not been entered into, distribution of the proceeds shall be as follows: (1) The commissioner shall determine the most recent fiscal year for which an audit under Code Section 36-81-7 has been made and is available for the county and all qualified municipalities; and (2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of general fund expenditures made for transportation in the fiscal year. The proportional amount for the county and each qualified municipality shall be determined by dividing the total general fund amount expended on transportation by the county or qualified municipality by the aggregate total general fund amounts of the county and all qualified municipalities during that audit year. 48-8-268. The levy shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. THURSDAY, MARCH 26, 2015 2189 48-8-269. (a) Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to: (1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this article, the tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3. 48-8-269.1. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the levy due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the levy for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-269.2. No levy shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the levy is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier. 48-8-269.3. The commissioner shall have the power and authority to promulgate such rules and 2190 JOURNAL OF THE SENATE regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the levy. 48-8-269.4. Except as provided in Code Section 48-8-6, the tax authorized under this article shall be in addition to any other local sales and use tax. Except as otherwise provided in this article and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article, and provided that a county is not currently collecting a levy under Article 5 of this chapter, the imposition of a tax under this article shall not affect the imposition of any otherwise authorized local sales and use tax within the special district. 48-8-269.5. (a)(1) The proceeds received from the levy shall be used by the county and qualified municipalities within the district exclusively for the transportation purposes specified in the resolution calling for imposition of the levy. Such proceeds shall be kept in a separate account from other funds of any county and qualified municipality receiving proceeds of the levy and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the levy unless each county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the levy net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by each county from the levy. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on said debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for THURSDAY, MARCH 26, 2015 2191 imposition of the levy may specify that all of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the levy. If the intergovernmental agreement, if applicable, and resolution so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the levy may specify that a part of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the levy received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the levy are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement and resolution shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the levy are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the levy, then any net proceeds of the levy in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the district receives from the levy net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution calling for the imposition of the levy or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-264 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes. 48-8-269.6. Not later than December 31 of each year, the governing authority of each county and 2192 JOURNAL OF THE SENATE each qualifying municipality receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such county or municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county or municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. Senator Willilams of the 19th offered the following amendment #1: Amend the substitute to HB 106 (LC 34 4662ERS) by deleting lines 110 through 114 and inserting in lieu thereof the following: (6) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of this chapter wherein mass transportation service is provided within the district, to the district, or from the district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. By deleting lines 216 and 217 and inserting in lieu thereof the following: (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, By deleting line 248 and inserting in lieu thereof the following: (a) If the imposition of the levy is approved at the election, the tax shall be On the adoption of the amendment, there were no objections, and the Williams of the 19th amendment #1 to the committee substitute was adopted. Senator Williams of the 19th offered the following amendment #2: Amend LC 34 4662ERS to HB 106 by striking on line 193 "regularly" and "general" On the adoption of the amendment, there were no objections, and the Williams of the 19th 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. THURSDAY, MARCH 26, 2015 2193 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport N Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 2. HB 106, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 26, 2015 I inadvertently failed to vote on HB 106. Please reflect in the Journal that my intent was to vote YES. /s/ Ronald Ramsey District 43 HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are required to 2194 JOURNAL OF THE SENATE report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. Senators Ramsey of the 43rd and Unterman of the 45th offered the following amendment #1: Amend LC 29 6148 HB 177 by inserting on line 21 after the word counselor: "or designee for the school district" inserting on line 24 after the word principal: "or designee for the school district" Senator Ramsey, Sr. of the 43rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin Y McKoon Y Millar Y Miller Y Mullis On the passage of the bill, the yeas were 52, nays 0. Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T THURSDAY, MARCH 26, 2015 2195 HB 177, having received the requisite constitutional majority, was passed. Senator David Shafer, President Pro Tempore, assumed the Chair. HB 183. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to revise the definition of private home care provider to include contractual arrangements with licensed independent contractors; to revise exempt services; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kirk of the 13th. Senator Albers of the 56th offered the following amendment #1: Amend LC 36 2701ERS to HB 183 by inserting on line 15 after the word employees - "or agents of a company or corporation providing professional home care services staffing"... On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 4, nays 37, and the Albers amendment #1 was lost. Senators Crane of the 28th, Williams of the 19th and Harbin of the 16th offered the following amendment #2: Amend HB 183 by inserting after "title;" on line 3 the following: to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, so as to change a definition; by deleting "Home Care" on line 7; and by inserting between lines 21 and 22 the following: SECTION 2A. Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, is amended by revising paragraph (13) as follows: "(13) 'Destination cancer hospital' means an institution with a licensed bed capacity of 50 or less which provides diagnostic, therapeutic, treatment, and rehabilitative care services to cancer inpatients and outpatients, by or under the supervision of physicians, and whose proposed annual patient base is composed of a minimum of 65 51 percent of patients who reside outside of the State of Georgia." 2196 JOURNAL OF THE SENATE Senator Unterman of the 45th requested a ruling of the Chair as to the germaneness of the amendment. The President Pro Tempore ruled the Crane, et al. amendment #2 not germane. The report of the committee, which was favorable to the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson N 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 3. HB 183, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Orrock of the 36th Sims of the 12th HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and THURSDAY, MARCH 26, 2015 2197 traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. The Senate Committee on Science and Technology offered the following substitute to HB 225: A BILL TO BE ENTITLED AN ACT To regulate transportation for hire; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, so as to preserve existing certificates of public necessity and convenience and medallion systems for taxicabs and to restrict the future use thereof; to provide that operators of taxicabs have for-hire license endorsements; to prohibit the staging of certain vehicles; to provide certain insurance requirements for taxicabs; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to commercial indemnity liability insurance for limousine carriers; to provide for the comprehensive regulation of transportation referral services, transportation referral service providers, ride share network services, and ride share drivers; to provide for definitions; to provide for legislative intent; to provide for registration and licensing of such providers; to provide for certain disclosures; to prohibit certain practices and to provide penalties for violations; to prohibit the waiver of rights by passengers under certain conditions; to provide for billing methods; to provide for master license fees for for-hire vehicles in lieu of sales and use taxes on fares; to provide for for-hire license endorsements; 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 an exemption; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, is amended by revising subsection (a) of Code Section 36-60-25, relating to certificates of public necessity and convenience and medallions for taxicabs, and by adding new subsections to read as follows: "(a) Each county and municipal corporation may require the owner or operator of a 2198 JOURNAL OF THE SENATE taxicab or vehicle for hire to obtain a certificate of public necessity and convenience or medallion in order to operate such taxicab or vehicle for hire within the unincorporated areas of the county or within the corporate limits of the municipal corporation, respectively, and may exercise its authority under Code Section 48-13-9 to require such owners or operators to pay a regulatory fee to the county or municipal corporation. The General Assembly finds and declares that any county or municipality exercising the powers granted in this Code section is legitimately concerned with the qualifications and records of drivers of taxicabs and other vehicles for hire; with the location, accessibility, and insured state of companies operating taxicabs and other vehicles for hire; and with the safety and comfort of taxicabs and other vehicles for hire. Without limitation, each such county or municipality may exercise the powers granted in this Code section by ordinance to the same extent as the ordinances reviewed by the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga. App. 871, 875 (1998), and each certificate of public convenience and necessity issued under those ordinances shall remain in full force and effect." "(c) Counties and municipalities which have adopted and have valid ordinances as of July 1, 2014, requiring taxicabs to have certificates of public necessity and convenience or medallions to operate within each such county or municipality may continue to require such certificates or medallions. Except as otherwise provided in this subsection, no county or municipality shall enact, adopt, or enforce any ordinance or regulation which requires taxicabs to have certificates of public necessity and convenience or medallions to operate within such county or municipality. (d) No person shall operate a taxicab for the purpose of carrying or transporting passengers for hire unless such person has a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39. Counties and municipalities shall not impose further licensing requirements or background checks on such persons to operate taxicabs in their jurisdictions. (e) As used in this subsection, the term 'stage' means to stop, park, or otherwise place a vehicle for hire, other than a taxicab, in the loading or curbside area of any business for the purpose of soliciting a fare when such vehicle is not engaged in a prearranged round-trip or prearranged one-way fare. It shall be illegal to stage limousine carriers, as defined in paragraph (5) of Code Section 40-1-151, or ride share drivers, as defined in paragraph (2) of Code Section 40-1-190. A person who violates this subsection shall be guilty of a misdemeanor. (f) No person shall operate a taxicab for the purpose of carrying or transporting passengers for hire unless such person maintains insurance from an insurance company licensed under Title 33, through a surplus line broker licensed under Title 33, or is qualified as a self-insurer pursuant to Code Section 33-34-5.1." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-158, relating to limousine chauffeur authorization and license endorsement, as follows: THURSDAY, MARCH 26, 2015 2199 "40-1-158. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a limousine chauffeur authorization and for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39." SECTION 2.1. Said title is further amended by revising Code Section 40-1-166, relating to commercial indemnity and liability insurance, as follows: "40-1-166. Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company authorized to do business in this state licensed under Title 33 or through a surplus line broker licensed under Title 33, which policy shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The minimum amount of such insurance shall be: (1) For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo; or (2) For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo." SECTION 3. Said title is further amended by adding a new part to Article 3 of Chapter 1, relating to motor carriers, to read as follows: "Part 4 40-1-190. As used in this part, the term: (1) 'Limousine carrier' means any limousine company or provider which is licensed with the state pursuant to paragraph (5) of Code Section 40-1-151. (2) 'Metering device' means an instrument or device which is utilized for the purpose of calculating for-hire fares based upon distance, time, mileage, and administrative fees and which is not a taximeter. (3) 'Ride share driver' means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (4) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the 2200 JOURNAL OF THE SENATE purpose of prearranged transportation for hire or for donation. The term 'ride share network service' shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit. (5) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is authorized to provide taxicab services pursuant to an ordinance of a local government in this state. (6) 'Taximeter' means an instrument or device approved by the applicable local government which is utilized by a taxi service for the purpose of calculating fares based upon distance, time, and mileage. (7) 'Transportation referral service' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means, and does not own or lease any motor vehicle required to be registered with the Department of Public Safety as a limousine carrier or a taxi service. A transportation referral service shall not include emergency or nonemergency medical transports. (8) 'Transportation referral service provider' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means and owns or leases one or more motor vehicles required to be registered with the Department of Public Safety as a limousine carrier or a local government in this state as a taxi service. A transportation referral service provider shall not include emergency or nonemergency medical transports. 40-1-191. The General Assembly finds that it is in the public interest to provide uniform administration and parity among ride share network services, transportation referral services, and transportation referral service providers, including taxi services, that operate in this state for the safety and protection of the public. The General Assembly fully occupies and preempts the entire field of administration and regulation over ride share network services, transportation referral services, transportation referral service providers, and taxi services as governed by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to regulate any ride share network service, transportation referral service, transportation referral service provider, and taxi service consistent with the process used for limousine carriers, as set forth in Code Section 40-1-162, who are doing business at any such airport and may establish fees as part of such regulation process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating THURSDAY, MARCH 26, 2015 2201 ride share network services, transportation referral services, transportation referral service providers, and taxi services; and provided, further, that such governing authorities of such airports shall accept a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39 as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation; and provided, further, that local governments may maintain certificates of public necessity and convenience and medallion requirements and company requirements for taxi services as provided in this part and may establish maximum fares for taxi services. The list of ride share network services, transportation referral services, transportation referral service providers, and taxi services on the website of the department shall be sufficient evidence that such services have licenses issued by the department. 40-1-192. (a) A transportation referral service or transportation referral service provider that only refers business to limousine carriers and taxi services that are licensed or registered as transportation referral service providers shall be exempt from registration under this Code section. (b) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such transportation referral service provider which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. Limousine carriers, as a part of the licensure and permitting process for limousine carriers, shall be registered and licensed as a transportation referral service provider under this part. A transportation referral service provider that receives referrals from a transportation referral service or a transportation referral service provider shall be required to disclose to the department that it is receiving referrals from such transportation referral service or transportation referral service provider; provided, however, that the limousine carrier or taxi service shall be required to comply with the requirements of this part. (c) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall file and keep current monthly with the department a list of all limousine carriers and taxi services which it utilizes to provide transportation services in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50. (d) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall: (1) Either obtain directly or determine that each taxi service to which it refers business possesses either a certificate of public necessity and convenience or medallion authorizing the provision of taxicab services in such local government if the certificate of public necessity and convenience or medallion is required by an ordinance of the local government where such taxi service is to be provided; 2202 JOURNAL OF THE SENATE (2) Either obtain directly or determine that each taxi service to which it refers business is registered with the department and possesses and maintains a permit authorizing the provision of taxicab services in such local government if a company permit is required by an ordinance of the local government where such taxi service is to be provided; (3) Either obtain directly or determine that each limousine carrier to which it refers business is properly and currently registered and licensed pursuant to Part 3 of this article; (4) Take all necessary steps to determine that: (A) Any driver either directly employed by or contracted with a limousine carrier which the limousine carrier contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or this state; and (B) Any driver either directly employed by or contracted with a taxi service which the taxi service contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or the local government where the transportation services are to be provided; (5) Ensure that each driver utilized by such transportation referral service provider, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (6) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such limousine carrier or taxi service in the provision of transportation services, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state; (7) Shall ensure that each limousine carrier with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the commercial indemnity and liability insurance required by Code Section 40-1-166 or each taxi service with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the minimum amount of commercial liability insurance prescribed by the local government where such taxi service is provided or by state law, whichever is greater; (8) Have, as to taxi services, complied with or ensured that any taxi service which it contracts with or utilizes for the provision of transportation services complies with any fare structure or regulation prescribed by ordinance of the local government where such taxi service is to be provided; provided, however, that any fares specified in local ordinances shall be the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares; THURSDAY, MARCH 26, 2015 2203 (9) Have complied with or determined that the limousine carrier or taxi service with which the provider contracts with or utilizes for the provision of transportation services in this state is in compliance with any and all other applicable requirements prescribed by the laws of the state, the rules and regulations of the department, and the ordinances of local governments where such transportation services are provided; and (10) Comply with the provisions of Code Section 40-8-7. No additional vehicle inspections shall be required for taxi services or limousine carriers. (e) Failure to register according to the provisions of this Code section shall be a misdemeanor. 40-1-193. (a) Each ride share network service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such ride share network service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. (b) Each ride share network service doing business or operating in this state shall maintain a current list of all ride share drivers who are enrolled in its network in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title. (c) Each ride share network service doing business or operating in this state shall: (1) Take all necessary steps to determine that each driver contracted with such ride share network service possesses and maintains any required permits or licenses required by the federal government or this state; (2) Ensure that each driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (3) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers contracted with such ride share network service; (4) Have for each ride share driver contracted with such ride share network service in this state insurance coverage in effect with respect to personal injury liability, property damage liability, and personal injury protection liability benefits available to drivers, passengers, pedestrians, and others in the same coverage amounts as required by law; and (5) Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by ride share drivers. (d) Each ride share driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification 2204 JOURNAL OF THE SENATE containing the following information while active on the ride share network service's digital network: (1) The name and photograph of the driver; (2) The make and model of the motor vehicle being driven; (3) The license plate number of the motor vehicle being driven; (4) Certificates of insurance for the motor vehicle being driven; and (5) Such other information as may be required by the Department of Public Safety. Upon reasonable suspicion of a law enforcement officer of improper operation by a ride share driver, the ride share driver, upon request, shall provide the law enforcement officer with access to the smartphone containing the digital information required by this subsection and the electronic record of the trips sufficient to establish that the trip in question was prearranged through digital dispatch of the ride share network service. The ride share driver shall not be required to relinquish custody of the smartphone containing the digital information required by this subsection and the electronic record of the trips arranged through digital dispatch of the ride share network service. (e) A violation of this Code section shall be a misdemeanor. 40-1-194. (a)(1)(A) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to limousine carriers that are not properly licensed by this state or are not properly insured under state law. (B) No ride share network service subject to this part shall contract with, utilize, or refer individuals or entities to ride share drivers who are not properly licensed by this state or are not properly insured under state law. (2) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to taxi services that are not registered with the department and properly licensed by the applicable political subdivision of this state, are not properly insured under local law, or use drivers that are not properly licensed under state and local law to carry passengers for hire. (b)(1)(A) No person who is not licensed under the laws of this state to provide limousine services shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. This paragraph shall not apply to passengers. (B) No ride share driver who does not have an appropriate driver's license and either a for-hire endorsement or current private background check certification pursuant to Code Section 40-5-39 shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. (2) No person who does not have the licensing required by the appropriate local government of this state to provide taxi services shall contract with or accept referrals from a transportation referral service or transportation referral service provider for THURSDAY, MARCH 26, 2015 2205 transportation services. This paragraph shall not apply to passengers. (c)(1) A transportation referral service that violates subsection (a) of this Code section shall be guilty of a misdemeanor. (2) A transportation referral service provider or ride share network service that violates subsection (a) of this Code section shall be guilty of a misdemeanor and additionally shall be subject to having such provider's or service's registration suspended or revoked by the department. (d) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and additionally may be subject to a suspension for one year or revocation of such person's driver's license. 40-1-195. (a) Each taxi service, transportation referral service, transportation referral service provider, and ride share network service doing business, operating, or providing transportation services in this state shall include its license number issued by the department in any advertising in this state; provided, however, that this Code section shall not apply to Internet advertisements. Limousine carriers which register as transportation referral service providers under this part shall be subject to the advertising requirements of this Code Section and not the provisions of Code Section 40-1-165. Failure to provide such license number shall result in the imposition of a civil penalty not to exceed $5,000.00 for each violation. (b) Each ride share driver shall display a consistent and distinctive signage or emblem that is approved by the Department of Public Safety on such ride share driver's vehicle at all times while the ride share driver is active on the ride share network service's digital network. The signage or emblem shall be: (1) Sufficiently large and color contrasted to be readable during daylight hours from a distance of at least 50 feet; (2) Reflective, illuminated, or otherwise visible in darkness; and (3) Sufficient to identify a vehicle as being associated with the ride share network service with which the ride share driver is affiliated. Any person who violates this subsection shall be guilty of a misdemeanor. 40-1-196. (a) Rates for taxi services set by a local government shall constitute the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares. Transportation services provided by taxi services and arranged by a transportation referral service or transportation referral service provider doing business in this state shall be billed in accordance with the fare rates prescribed by the local government where such taxi services are to be provided. The use of Internet or cellular telephone software to calculate rates shall not be permitted unless such software complies with and conforms to the weights and measures standards of the local government that licenses such taxi service. (b) Transportation services provided by limousine carriers and arranged by a 2206 JOURNAL OF THE SENATE transportation referral service or transportation referral service provider shall only be billed in accordance with the rates of such limousine carriers on an hourly basis or upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The charge for such transportation services may be calculated by the use of a metering device in or affixed to the motor vehicle. (c) A ride share driver contracted with a ride share network service may offer transportation services at no charge, suggest a donation, or charge a fare. If a ride share driver contracted with a ride share network service charges a fare, such fare shall be calculated based upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The fare may be calculated by the use of a metering device in or affixed to the motor vehicle. (d) Each transportation referral service, transportation referral service provider, and ride share network service shall make available to the person being transported prior to receiving transportation services either the amount of the charge for such services or the rates under which the charge will be determined. (e) A violation of this Code section shall be a misdemeanor. 40-1-197. The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this part. 40-1-198. (a) Each transportation referral service provider shall maintain a current list of all drivers that such provider employs directly or as independent contractors in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title. (b) A violation of this Code section shall be punished by the imposition of a civil penalty not to exceed $5,000.00 for each violation. 40-1-199. A waiver of any rights with regard to personal injuries as the result of any transportation services provided by such ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service by any person utilizing the services of a ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service in this state shall not be valid unless such person is given written or electronic notice of such waiver prior to receiving such services and knowingly and willfully agrees to such waiver. THURSDAY, MARCH 26, 2015 2207 40-1-200. This part shall not be applicable to equine drawn vehicles or nonmotorized vehicles." SECTION 4. Said title is further amended by revising Code Section 40-2-168, relating to registration and licensing of taxicabs and limousines, as follows: "40-2-168. (a) Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. The transition period shall commence on May 20, 2010, and conclude no later than December 31, 2010, for all existing registrations. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner. Such license plates shall not be issued to any owner of a taxicab or limousine, as such term is defined in paragraph (4) of Code Section 40-1-151, that is not properly licensed as such by the Department of Public Safety or a political subdivision of this state. (b)(1) As used in this subsection, the term 'for-hire vehicle' means a motor vehicle used in this state by a limousine carrier, ride share network, ride share network driver, or taxi service, as such terms are defined in Code Section 40-1-190, for the purpose of transporting passengers for compensation or donation. (2) On and after July 1, 2016, an owner of each for-hire vehicle, prior to commencing operations in this state and annually thereafter, shall either obtain a for-hire vehicle master license from the department or elect to continue to pay sales and use taxes pursuant to Chapter 8 of Title 48 on all fares collected by such owner. If the owner elects to purchase a master license, the department shall issue a decal or certificate for each motor vehicle covered under such master license, and the owner shall display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for either obtaining a master license for all of its affiliated ride share drivers or for paying the sales and use tax on such fares pursuant 2208 JOURNAL OF THE SENATE to Chapter 8 of Title 48 on all fares collected. The obtaining of a master license shall not operate to relieve the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. (3) The owner of each for-hire vehicle in operation in this state on July 1, 2016, who chooses to obtain a for-hire master license in lieu of paying sales and use taxes on fares shall obtain a for-hire master license from the department prior to such date and shall obtain a decal or certificate for each motor vehicle covered under such master license, and the owner shall either display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. (4) The annual fee for such master license shall be as follows: (A) For 1 to 5 for-hire vehicles .............................................................$1,500.00 (B) For 6 to 59 for-hire vehicles ...........................................................12,050.00 (C) For 60 to 100 for-hire vehicles .......................................................25,000.00 (D) For 101 to 150 for-hire vehicles .....................................................40,000.00 (E) For 151 to 200 for-hire vehicles ....................................................56,000.00 (F) For 201 to 250 for-hire vehicles......................................................75,000.00 (G) For 251 to 300 for-hire vehicles .....................................................90,000.00 (H) For 301 to 350 for-hire vehicles .....................................................105,000.00 (I) For 351 to 500 for-hire vehicles.......................................................150,000.00 (J) For 501 to 1,000 for-hire vehicles ...................................................300,000.00 (K) For 1,001 and greater for-hire vehicles ..........................................300,000.00 plus $25,000.00 for each additional 100 vehicles or fraction thereof. Decals or certificates shall be issued in connection with the master license at no charge by the department. The number of vehicles shall be determined by adding the number of for-hire vehicles utilized by the owner during each of the preceding months in the immediately preceding 12 month period and dividing such sum by 12. (5) Of this fee, 57 percent shall be retained by the state for deposit in the general fund of the state treasury and 43 percent shall be forwarded to the county tag agent to allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school system, and the board of education of any independent school system located in such county in the manner provided in this paragraph: (A) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system and the board of education of each independent school system 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 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 THURSDAY, MARCH 26, 2015 2209 same manner as if such tax were in effect; (B)(i) Except as otherwise provided in this subparagraph, 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 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 division (i) of this subparagraph and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system; (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 system and the board of education of any independent school system in the same manner as required under such local constitutional amendment; and (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 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 (C)(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 currently in effect; provided, however, that this division shall not apply if division (iii) of subparagraph (B) of this paragraph 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 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 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 2210 JOURNAL OF THE SENATE in accordance with division (i) of subparagraph (B) of this paragraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 is not in effect, such amount shall be distributed in accordance with division (ii) of subparagraph (B) of this paragraph. (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 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. (6) On and after July 1, 2016, it shall be illegal for an owner of a for-hire vehicle who chooses to obtain a master license in lieu of paying sales and use taxes on fares and who is providing transportation services to fail to display a current tax decal or maintain a physical or electronic certificate in such vehicle as prescribed by this subsection and as may be required by the department by rule or regulation. Any person who violates this paragraph shall be guilty of a misdemeanor of a high and aggravated nature and additionally shall be subject to a civil fine of not more than $5,000.00 per violation." SECTION 5. Said title is further amended by revising paragraphs (9) and (11) of Code Section 40-5-1, relating to definitions, and adding new paragraphs to read as follows: "(9) Reserved 'For hire' means to operate a motor vehicle in this state for the purpose of transporting passengers for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 401-190. (9.1) 'For-hire license endorsement' means an endorsement to a driver's license pursuant to Code Section 40-5-39 that authorizes the holder of the license to operate a motor vehicle for the purpose of transporting passengers in this state for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 40-1-190." "(11) Reserved 'Limousine carrier' means any limousine company or provider which is licensed with this state pursuant to paragraph (5) of Code Section 40-1-151." "(16.01) 'Ride share driver' means an individual who uses his or her personal THURSDAY, MARCH 26, 2015 2211 passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (16.02) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. The term 'ride share network service' shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit." "(18) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is registered with the Department of Public Safety and, if applicable, is authorized to provide taxicab services pursuant to an ordinance of a local government in this state." SECTION 6. Said title is further amended by revising Code Section 40-5-39, relating to endorsement on license of limousine chauffeur, requirements, and term, as follows: "40-5-39. (a) No person shall operate a motor vehicle for hire in this state unless such person: (1) Has a for-hire license endorsement pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; or (2) Has a private background check certification pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. This shall include, but not be limited to, ride share drivers and persons operating motor vehicles for limousine carriers and taxicabs for taxi services. (a)(b) The department shall endorse the driver's license of any approved limousine chauffeur employed by a limousine carrier provide a for-hire license endorsement for any qualified person under this Code section. In order to be eligible for such endorsement, an applicant shall: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of ten seven years previous to the date of application for any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person 2212 JOURNAL OF THE SENATE has been free from custody and free from supervision for at least ten seven years shall not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; and (6) Provide proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. (b)(c) Such endorsement shall be valid for the same term as such person's driver's license, provided that each person seeking renewal of a driver's license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (a) (b) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver's license, and it shall be renewed without the endorsement. (c)(d) Every chauffeur employed by a limousine carrier person who operates a motor vehicle for hire in this state shall have his or her Georgia driver's license with the prescribed for-hire license endorsement in his or her possession at all times while operating a motor vehicle of a limousine carrier for hire in this state or shall have his or her Georgia driver's license and a private background check certification pursuant to subsection (e) of this Code section in his or her possession. Such driver's license with a for-hire endorsement or such driver's license and private background check certification shall be presented to a law enforcement officer upon request by such officer. (e)(1) A person operating a motor vehicle for hire in this state may obtain a private background check in lieu of obtaining a for-hire endorsement. Such background check shall be conducted by the taxi service, limousine carrier, or ride share network service that employs such driver. (2) The taxi service, limousine carrier, or ride share network service shall require such person to submit an application to the taxi service, limousine carrier, or ride THURSDAY, MARCH 26, 2015 2213 share network service which includes, but is not limited to, information regarding such person's address, age, driver's license information and number, driving history, motor vehicle registration, automobile liability insurance, and other information necessary to complete a background check on such person. (3) The taxi service, limousine carrier, or ride share network service shall conduct or cause to be conducted a local and national criminal background check on such person which shall include: (A) A search of a multistate, multijurisdiction criminal records locator or similar nation-wide data base with validation or primary source search; (B) A search of the national sex offender registry data base; and (C) The obtaining and review of a driving history research report. (4) The taxi service, limousine carrier, or ride share network service shall review the background check and issue a private background check certification to such person; provided, however, that no such certification shall be issued to a person whose background check discloses that such person: (A) Has had more than three moving violations in the prior three-year period or has one major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period; (B) Has been convicted within the past seven years of driving under the influence of drugs or alcohol or has been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror; (C) Has a match on the national sex offender registry data base; (D) Does not have a valid driver's license; (E) If such person will be using such person's vehicle as the motor vehicle to be operated for hire, does not possess proof of registration for such vehicle; (F) Does not possess proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; and (G) Is not at least 18 years of age. (5) Such private background check certification shall be issued in written form or in a form which may be displayed electronically on a smartphone. A digital identification properly issued pursuant to subsection (d) of Code Section 40-1-193 shall constitute sufficient certification of a private background check. Such private background check certification shall be valid for a period of five years from the date of its issuance. (d)(f) The department is authorized to promulgate rules and regulations as necessary to implement this Code section. (g) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor." 2214 JOURNAL OF THE SENATE SECTION 7. 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 (25), which was previously reserved, as follows: "(25) Reserved Fares of for-hire vehicles for which the owners of such vehicles have chosen to purchase a for-hire master license in lieu of paying sales and use taxes on fares pursuant to the provisions of subsection (b) of Code Section 40-2-168. This provision shall not relieve taxi services, limousine carriers, transportation referral services, transportation referral service providers, or ride share service networks of sales and use tax liability on fares incurred prior to the purchase of such for-hire master license;". SECTION 8. Sections 2, 3, 5, and 6 of this Act shall become effective on July 1, 2015. Sections 4 and 7 shall become effective on July 1, 2016. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman THURSDAY, MARCH 26, 2015 2215 Y Harbison Y Harper Y Heath E Henson N Hill, H Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 2. HB 225, having received the requisite constitutional majority, was passed by substitute. HB 252. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon E Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2216 JOURNAL OF THE SENATE Y Heath E Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 252, having received the requisite constitutional majority, was passed. Senator Harper of the 7th was excused for business outside the Senate Chamber. HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others: A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. The Senate Committee on Judiciary Non-Civil offered the following substitute to HB 263: A BILL TO BE ENTITLED AN ACT To amend Chapter 6A of Title 35, Chapter 11 of Title 15, Article 2 of Chapter 13 of Title 19, and Title 49 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, the Juvenile Code, family violence shelters, and social services, respectively, so as to allow the Criminal Justice Coordinating Council to receive and distribute federal Department of Justice grants; to provide for an advisory board to the council for juvenile justice issues; to provide for the membership of the board; to provide for the board's duties; to provide that certain entities and agencies share information with the council; to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 26, 2015 2217 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by revising Code Section 35-6A-7, relating to the functions and the authority of the council, as follows: "35-6A-7. The council is vested with the following functions and authority: (1) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (2) To prepare, publish in print or electronically, and disseminate fundamental criminal justice information of a descriptive and analytical nature to all components of the criminal justice system of this state, including law enforcement agencies, the courts, juvenile justice agencies, and correctional agencies; (3) To serve as the state-wide clearing-house for criminal justice information and research; (4) To maintain a research program in order to identify and define significant criminal justice problems and issues and effective solutions and to publish in print or electronically special reports as needed; (5) In coordination and cooperation with all components of the criminal justice system of this state, to develop criminal justice legislative proposals and executive policy proposals reflective of the priorities of the entire criminal justice system of this state; (6) To serve in an advisory capacity to the Governor on issues impacting the criminal justice system of this state; (7) To coordinate high visibility criminal justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (8) To convene periodically state-wide criminal justice conferences involving key executives in the criminal justice system of this state and elected officials for the purpose of developing, prioritizing, and publicizing a policy agenda for the criminal justice system of this state; (9) To provide for the interaction, communication, and coordination of all components of the criminal justice system of this state for the purpose of improving this state's response to crime and its effects; (10) To administer gifts, grants, and donations for the purpose of carrying out this chapter; (11) To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15; and (12) To supervise the preparation, administration, and implementation of the threeyear juvenile justice plan as provided by this chapter; and (12)(13) To do any and all things necessary and proper to enable it to perform wholly 2218 JOURNAL OF THE SENATE and adequately its duties and to exercise the authority granted to it." SECTION 2. Said chapter is further amended by adding two new Code sections to read as follows: "35-6A-11. (a) There is established an advisory board to the council which shall consist of at least 15 and not more than 33 members appointed by the Governor who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency and shall be composed of: (1) At least three members of the council, two of whom are not full-time government employees or elected officials; (2) At least one locally elected official representing general purpose local government; (3) Representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecuting attorneys, attorneys for children and youth, and probation workers; (4) Representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (5) Representatives of private nonprofit organizations, including individuals with a special focus on preserving and strengthening families, parent groups and parent selfhelp groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (6) Volunteers who work with delinquent children or potential delinquent children; (7) Youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities; (8) Individuals with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (9) Individuals with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence. (b)(1) A majority of the members of the advisory board, including the chairperson, shall not be full-time employees of the federal, state, or local government. (2) At least one-fifth of the members of the advisory board shall be under 24 years of age at the time of their appointment. (3) At least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system of this state. (c) Membership on the advisory board shall not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership who must THURSDAY, MARCH 26, 2015 2219 also be a member of the council. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members of the advisory board shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with this state's travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. 35-6A-12. The advisory board shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the council, the chairperson of the council, or the Governor; (2) Maintain minutes of its meetings; (3) Participate in the development and review of this state's juvenile justice plan prior to submission to the council for final action; (4) Be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory board, on all juvenile justice and delinquency prevention grant applications submitted to the council; (5) Using the combined expertise and experience of its members, provide regular advice and counsel to the director of the council to enable the council to carry out its statutory duties under this article; and (6) Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for juvenile delinquency prevention and treatment." SECTION 3. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising subsection (f) of Code Section 15-11-504, relating to place of detention and data on child detained, as follows: "(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, by the Criminal Justice Coordinating Council, by the Administrative Office of the Courts, and by the Council of Juvenile Court Judges. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena. The required data are each detained child's: (1) Name; 2220 JOURNAL OF THE SENATE (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." SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 15-11-704, relating to public inspection of court files and records, as follows: "(d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, 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. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena." SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 15-11-708, relating to separation of juvenile and adult records for law enforcement, as follows: "(d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena." SECTION 6. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of subsection (b) of Code Section 49-4A-2, relating to THURSDAY, MARCH 26, 2015 2221 the duties and responsibilities of the Board of Juvenile Justice, as follows: "(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, the Criminal Justice Coordinating Council, and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years;" SECTION 7. Said title is further amended by revising subsection (n) of Code Section 49-4A-8, relating to commitment of delinquent children and records, as follows: "(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, the Criminal Justice Coordinating Council, and public and private agencies in the collection of statistics and information regarding: (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 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." 2222 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by revising subsection (b) of Code Section 49-5-155, relating to the effect of Article 6 on the Department of Juvenile Justice office as recipient entity for federal grants, as follows: "(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants." SECTION 9. Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by revising paragraphs (1) and (5) of Code Section 19-13-20, relating to definitions, as follows: "(1) 'Council' means the Criminal Justice Coordinating Council. 'Department' means the Department of Human Services." "(5) 'Family violence shelter' means a facility approved by the department council 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 detention or placement of children only, as provided in subsection (c) of Code Section 15-11-135 and subsection (a) of Code Section 15-11-504." SECTION 10. Said article is further amended by revising Code Section 19-13-21, relating to the powers and duties of the department, as follows: "19-13-21. (a) It shall be the duty of the department council: (1) To establish minimum standards for an approved family violence shelter to enable such shelter to receive state funds; (2) To receive applications for the development and establishment of family violence shelters; (3) To approve or reject each application within 60 days of receipt of the application; (4) To distribute funds to an approved shelter as funds become available; (5) To fund other family violence programs as funds become available, provided that such programs meet standards established by the department council; and (6) To evaluate annually each family violence shelter for compliance with the minimum standards. (b) Without using designated shelter funds, the department council may: (1) Formulate and conduct a research and evaluation program on family violence and cooperate with and assist and participate in programs of other properly qualified agencies, including any agency of the federal government, schools of medicine, hospitals, and clinics, in planning and conducting research on the prevention of family violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence; THURSDAY, MARCH 26, 2015 2223 (2) Serve as a clearing-house for information relating to family violence; (3) Carry on educational programs on family violence for the benefit of the general public, persons engaged in or subject to family violence, professional persons, or others who care for or may be engaged in the care and treatment of persons engaged in or subject to family violence; and (4) Enlist the assistance of public and voluntary health, education, welfare, and rehabilitation agencies in a concerted effort to prevent family violence and to treat persons engaged in or subject to family violence." SECTION 11. Said article is further amended by revising Code Section 19-13-22, relating to eligibility for licensing and funding, as follows: "19-13-22. (a) In order to be approved and funded under this article, each shelter shall: (1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims; (2) Receive the periodic written endorsement of local law enforcement agencies; (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding; and (4) Meet the minimum standards of the department council for approving family violence shelters; provided, however, that facilities not receiving state funds shall not be required to be approved. (b) The department council shall provide procedures whereby local organizations may apply for approval and funding. Any local agency or organization may apply to participate. (c) Each approved family violence shelter shall be designated to serve as a temporary receiving facility for the admission of persons subject to family violence. Each shelter shall refer such persons and their spouses to any public or private facility, service, or program providing treatment or rehabilitation services, including, but not limited to, the prevention of such violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence. (d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Any county or municipality in this state is authorized to make grants of county or municipal funds, respectively, to any family violence center approved as such in accordance with the minimum standards of the department council. (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis. (f) Each family violence shelter shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency." 2224 JOURNAL OF THE SENATE SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Senator Kennedy of the 18th offered the following amendment #1: Amend HB 263 (LC 29 6609ER-ECS) by inserting after "duties;" on line 10 the following: to change provisions relating to the Roosevelt Warm Springs Institute for Rehabilitation By inserting between lines 291 and 292 the following: Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (1) of subsection (a) of Code Section 49-9-4, relating to the creation of the Georgia Vocational Rehabilitation Agency, and by adding a new subsection to read as follows: "(a)(1) The Georgia Vocational Rehabilitation Agency is created and established to perform the functions and assume the duties, powers, and authority exercised on June 30, 2012, by the Division of Rehabilitation Services within the Department of Labor including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, and such division shall be reconstituted as the Georgia Vocational Rehabilitation Agency effective July 1, 2012." "(l) The duties, powers, and authority to manage and operate the long-term acute care and the inpatient rehabilitation hospitals at the Roosevelt Warm Springs Institute for Rehabilitation shall be transferred to the Board of Regents of the University System of Georgia effective July 1, 2015, and the remaining duties, powers, and authority to manage and operate the Roosevelt Warm Springs Institute for Rehabilitation shall remain vested with the Georgia Vocational Rehabilitation Agency." SECTION 13. On the adoption of the amendment, there were no objections, and the Kennedy amendment #1 to the committee substitute was adopted. Amendment 2 was filed but not introduced. Senator Unterman of the 45th offered the following amendment #3: Amend HB 263 LC 29 6609ER-ECS by adding after line 290 the following: By revising paragraph (2) of subsection (c) of Code Section 17-15-18, relating to required findings and amount of award as follows: "(2) No award under this chapter for the following losses shall exceed the maximum amount authorized: THURSDAY, MARCH 26, 2015 2225 Category Lost Wages Funeral Expenses Financial hardship or loss of support Medical Counseling Crime scene sanitization and correcting title of substitute accordingly Maximum Award 3,000.00 $ 10,000.00 6,000.00 10,000.00 15,000.00 3,000.00 1,500.00" Senator Unterman of the 45th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the Unterman amendment #3 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison E Harper Y Heath E Henson Hill, H Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Mullis E Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) E Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 44, nays 1. 2226 JOURNAL OF THE SENATE HB 263, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 26, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 263. Had I been present, I would have voted Yes. /s/ Curt Thompson District 5 The President resumed the Chair. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Hill of the 6th Thompson of the 5th HB 299. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; 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 Beach E Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Orrock Parent N Ramsey N Rhett N Seay Y Shafer E Sims Y Stone THURSDAY, MARCH 26, 2015 2227 N Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Harbison E Harper N Heath E Henson E Hill, H N Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Mullis N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 31, nays 13. HB 299, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: March 26, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 299. Had I been present, I would have voted yea. /s/ David E. Lucas, Sr. District 26 March 26, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 299. Had I been present, I would have voted NO. /s/ Elena Parent District 42 HB 347. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. 2228 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison E Harper Y Heath E Henson E 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 1. HB 347, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th moved that HB 347 be immediately transmitted to the House. On the motion, there was no objection, and HB 347 was immediately transmitted. The following communication was received by the Secretary: March 26, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 347. Had I been present, I would have voted YES. /s/ Elena Parent District 42 THURSDAY, MARCH 26, 2015 2229 Senator Mullis of the 53rd was excused for business outside the Senate Chamber. HB 353. By Representative Rogers of the 29th: A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper N 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 Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller E Mullis Y Orrock Parent Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 41, nays 3. HB 353, having received the requisite constitutional majority, was passed. 2230 JOURNAL OF THE SENATE The following communication was received by the Secretary: March 26, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 353. Had I been present, I would have voted YES. /s/ Elena Parent District 42 Senator Cowsert of the 46th moved that the Senate adjourn until 10:00 a.m. Friday, March 27, 2015. The motion prevailed, and the President announced the Senate adjourned at 1:59 p.m. FRIDAY, MARCH 27, 2015 2231 Senate Chamber, Atlanta, Georgia Friday, March 27, 2015 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. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 596. By Representatives Jacobs of the 80th, Taylor of the 79th, Kendrick of the 93rd, Holcomb of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 643. By Representatives Clark of the 147th, Harden of the 148th, Dickey of the 140th, O`Neal of the 146th and Epps of the 144th: A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. 2232 JOURNAL OF THE SENATE HB 644. HB 651. HB 652. HB 655. By Representatives Clark of the 147th, Dickey of the 140th, Epps of the 144th, O`Neal of the 146th and Harden of the 148th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th, Gravley of the 67th, Alexander of the 66th and Rakestraw of the 19th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th: A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Jones of the 47th, Dudgeon of the 25th, Wilkinson of the 52nd, Jacobs of the 80th and others: A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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. FRIDAY, MARCH 27, 2015 2233 HB 656. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, 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 related matters; to repeal conflicting laws; and for other purposes. HB 657. By Representatives Rhodes of the 120th and O`Neal of the 146th: A BILL to be entitled an Act to repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 171. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th: 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. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, 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. 2234 JOURNAL OF THE SENATE SB 172. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th: 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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 224. By Senators Martin of the 9th and Thompson of the 5th: A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide FRIDAY, MARCH 27, 2015 2235 for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 26. By Senator Ligon, Jr. of the 3rd: A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 242. By Senators Williams of the 27th and Unterman of the 45th: 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 relative to labor and 2236 JOURNAL OF THE SENATE industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 243. By Senators Hill of the 4th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to change certain provisions relating to preservation of rights by certain persons; to provide for membership in the system for certain persons in a full-time position requiring admission to the State Bar of Georgia as a condition of employment; to provide for an irrevocable election; to provide for a transfer of funds; to provide for creditable service; to provide for calculation of benefits; to change certain provisions relating to definitions; to provide a legislative purpose; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 244. By Senators Jones of the 25th, Hill of the 6th, Harper of the 7th, Miller of the 49th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to provide that an election superintendent shall call and hold a referendum election upon the filing of a resolution or ordinance by the governing authority of a municipality or county desiring to permit or prohibit the manufacture, sale by the package, and distribution of distilled spirits within its jurisdiction; to change certain provisions relating to when and how the referendum election is called; to change certain procedures relating to a referendum election for the purpose of nullifying a previous election; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries and Utilities. SR 604. By Senators Heath of the 31st, Hill of the 32nd, Crane of the 28th, Harbin of the 16th, Millar of the 40th and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit the levy of state ad valorem taxes; to provide for applicability; to FRIDAY, MARCH 27, 2015 2237 provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Finance. SR 605. By Senators Beach of the 21st, Cowsert of the 46th, Miller of the 49th, Jones of the 25th, Tolleson of the 20th and others: A RESOLUTION creating the Senate Preservation of the HOPE Scholarship Program Study Committee; and for other purposes. Referred to the Committee on Higher Education. SR 607. By Senators Hill of the 4th and Watson of the 1st: A RESOLUTION urging the State of Georgia, the Georgia Department of Transportation, and electric utility companies in Georgia to allow use of their existing rights of way for pipeline expansion; and for other purposes. Referred to the Committee on Transportation. SR 609. By Senator Parent of the 42nd: A RESOLUTION creating the Senate Annexation, Deannexation, and Incorporation Study Committee; and for other purposes. Referred to the Committee on State and Local Governmental Operations (General). The following House legislation was read the first time and referred to committee: HB 596. By Representatives Jacobs of the 80th, Taylor of the 79th, Kendrick of the 93rd, Holcomb of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 2238 JOURNAL OF THE SENATE HB 643. By Representatives Clark of the 147th, Harden of the 148th, Dickey of the 140th, O`Neal of the 146th and Epps of the 144th: A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 644. By Representatives Clark of the 147th, Dickey of the 140th, Epps of the 144th, O`Neal of the 146th and Harden of the 148th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 651. By Representatives Maxwell of the 17th, Gravley of the 67th, Alexander of the 66th and Rakestraw of the 19th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 652. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th: A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. FRIDAY, MARCH 27, 2015 2239 HB 655. By Representatives Willard of the 51st, Jones of the 47th, Dudgeon of the 25th, Wilkinson of the 52nd, Jacobs of the 80th and others: A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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 Committee on State and Local Governmental Operations. HB 656. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, 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 related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 657. By Representatives Rhodes of the 120th and O`Neal of the 146th: A BILL to be entitled an Act to repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 2240 JOURNAL OF THE SENATE HB 72 HB 511 SR 459 SR 487 SR 561 SR 594 Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute Do Pass HB 288 HB 512 SR 479 SR 560 SR 566 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 185 HB 409 HB 429 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 98 Do Pass HB 524 Do Pass by substitute HB 197 Do Pass by substitute HB 547 Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Committee on Natural Resources and the Environment has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: FRIDAY, MARCH 27, 2015 2241 HB 82 HB 475 Do Pass Do Pass by substitute HB 172 Do Pass by substitute HR 419 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Committee on Reapportionment and Redistricting has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 566 Do Pass Respectfully submitted, Senator Crane of the 28th District, Chairman Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 177 SR 383 SR 451 Do Pass Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Committee on Science and Technology has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 590 Do Pass Respectfully submitted, Senator Beach of the 21st District, Chairman 2242 JOURNAL OF THE SENATE Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 584 HB 600 HB 619 HB 642 SB 217 SB 233 SB 238 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 589 HB 617 HB 639 SB 216 SB 232 SB 237 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on State and Local Governmental Operations (General) has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 527 Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman Mr. President: The Committee on Finance 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 275 HB 374 HB 408 HB 428 Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass by substitute HB 221 HB 319 HB 396 HB 426 HB 464 Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman FRIDAY, MARCH 27, 2015 2243 The following legislation was read the second time: HB 63 HB 275 HB 409 HB 511 HR 419 SR 487 HB 72 HB 288 HB 426 HB 512 SR 177 SR 560 HB 82 HB 319 HB 428 HB 524 SR 383 SR 561 HB 98 HB 374 HB 429 HB 527 SR 451 SR 566 HB 197 HB 396 HB 464 HB 547 SR 459 SR 590 HB 221 HB 408 HB 475 HB 566 SR 479 SR 594 Senator Ginn of the 47th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused. Senator Thompson of the 14th asked unanimous consent that Senator Heath of the 31st be excused. The consent was granted, and Senator Heath was excused. The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Burke Butler Cowsert Crane Davenport Dugan Fort Ginn Gooch Harbin Harbison Harper Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin McKoon Millar Miller Mullis Parent Ramsey Rhett Seay Shafer Sims Stone Tate Thompson, B Tippins Tolleson Watson Wilkinson Williams, M Williams, T Not answering were Senators: Heath (Excused) Unterman (Excused) Orrock Thompson, C. Senator Millar of the 40th introduced the chaplain of the day, Reverend Dan Brown of Dunwoody, Georgia, who offered scripture reading and prayer. 2244 JOURNAL OF THE SENATE Senator Hufstetler of the 52nd introduced the doctor of the day, Dr. Darrell L. Dean. The following resolutions were read and adopted: SR 600. By Senators Hill of the 32nd and Millar of the 40th: A RESOLUTION commending the Georgia High School Fencing League; and for other purposes. SR 601. By Senator Shafer of the 48th: A RESOLUTION commending Madison McMichael, Elizabeth Robinson, and Margaret Shin, winners of the David Shafer Essay Scholarship Contest; and for other purposes. SR 602. By Senators Cowsert of the 46th, Ginn of the 47th, Millar of the 40th and Unterman of the 45th: A RESOLUTION recognizing and commending Mr. Andy Landers upon his retirement and for his outstanding leadership as head coach of the University of Georgia's Women's Basketball team; and for other purposes. SR 603. By Senators Cowsert of the 46th, Shafer of the 48th, Mullis of the 53rd and Gooch of the 51st: A RESOLUTION honoring the life and memory of William D. "Bill" Green; and for other purposes. SR 606. By Senators Davenport of the 44th, Tate of the 38th, Butler of the 55th, Parent of the 42nd, James of the 35th and others: A RESOLUTION commending Annie Belle Gray Lockhart and congratulating her upon the joyous occasion of her 100th birthday; and for other purposes. SR 608. By Senator Tippins of the 37th: A RESOLUTION commending Bluford Reed Williams for his incredible service in World War II; and for other purposes. Senator Thompson of the 5th was excused for business outside the Senate Chamber. FRIDAY, MARCH 27, 2015 2245 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 27, 2015 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 216 Tippins of the 37th CITY OF ACWORTH A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes. SB 217 Tippins of the 37th CITY OF ACWORTH A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes. SB 232 Tippins of the 37th Thompson of the 14th Tate of the 38th Rhett of the 33rd Hill of the 6th Hill of the 32nd STATE COURT OF COBB COUNTY 2246 SB 233 SB 237 SB 238 JOURNAL OF THE SENATE 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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. Tippins of the 37th Thompson of the 14th Tate of the 38th Rhett of the 33rd Hill of the 6th Hill of the 32nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Gooch of the 51st BOARD OF EDUCATION OF WHITE COUNTY A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes. Burke of the 11th BAINBRIDGE - DECATUR COUNTY A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 584 HB 589 HB 600 FRIDAY, MARCH 27, 2015 2247 Thompson of the 14th Rhett of the 33rd Tippins of the 37th Tate of the 38th Hill of the 6th Hill of the 32nd BOARD OF COMMISSIONERS OF COBB COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes. Tippins of the 37th Rhett of the 33rd Thompson of the 14th Hill of the 6th 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 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tippins of the 37th Rhett of the 33rd Tate of the 38th Thompson of the 14th Hill of the 6th Hill of the 32nd 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. 2248 HB 617 HB 619 HB 639 JOURNAL OF THE SENATE 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes. Tippins of the 37th Rhett of the 33rd Tate of the 38th Thompson of the 14th Hill of the 6th Hill of the 32nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th COCHRAN/BLECKLEY AIRPORT AUTHORITY A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Bethel of the 54th Gooch of the 51st MAGISTRATE COURT OF PICKENS COUNTY A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 27, 2015 2249 HB 642 Jones of the 25th MAGISTRATE COURT OF PUTNAM COUNTY A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the local legislation, the yeas were 47, nays 2. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Jeffares of the 17th was excused for business outside the Senate Chamber. 2250 JOURNAL OF THE SENATE Senator Cowsert of the 46th moved to engross HB 277, HB 237, HB 457, HB 439, and HB 202, which were on the day's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion, the yeas were 31, nays 14; the motion prevailed, and the legislation was engrossed. SENATE RULES CALENDAR FRIDAY, MARCH 27, 2015 THIRTY-EIGHTH LEGISLATIVE DAY HB 505 Physical therapists; licensure and regulations of therapists and therapy assistants; revise various provisions (Amendment 1)(Amendment 2) (Amendment 3)(Substitute)(H&HS-52nd) Cooper-43rd HB 57 Electricity; financing of solar technology by retail customers for generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; provide (RI&U-51st) Dudgeon-25th HB 153 Courts; civil action for damages; provide (Substitute)(JUDY-23rd) Weldon-3rd HB 131 The End to Cyberbullying Act; enact (Substitute)(ED&Y-17th) Dickerson-113th HB 443 Voluntary Veterans' Preference Employment Policy Act; enact (VM&HS-6th) Dempsey-13th HB 259 Georgia Business Act; enact (GvtO-30th) Rogers-10th HB 253 Real estate appraisers; requirements for establishment and maintenance of a real estate appraisal management company; change certain provisions (Substitute)(RI&U-21st) Ballinger-23rd HB 342 Nursing homes; violation of certain regulations shall not constitute negligence per se; provide (Substitute)(H&HS-54th) Kelley-16th HB 328 Adult offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform (Substitute)(JUDYNC-18th) Efstration-104th HB 310 HB 314 HB 313 HB 278 HB 277 HB 237 HB 202 HB 439 HB 457 HB 255 HB 362 HB 551 FRIDAY, MARCH 27, 2015 2251 Penal institutions; create Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; provisions (PUB SAF-18th) Powell-32nd Professions and businesses; State Board of Barbers and State Board of Cosmetology; combine (RI&U-47th) Tankersley-160th Public employees; limited paid leave for purpose of promoting education; authorize (Substitute)(ED&Y-30th) Dickey-140th Public Employee Hazardous Chemical Protection and Rights to Know Act of 1988; transfer responsibility to Safety Fire Commissioner; provisions (PUB SAF-30th) Clark-98th Sales and use tax; value all flooring samples at the same rate for purposes of fair market value (FIN-14th) Broadrick-4th State income tax; angel investor tax credit; extend (FIN-46th) Williamson-115th Revenue and taxation; provisions regarding ad valorem taxation, assessment, and appeal; provide comprehensive revision (Substitute) (FIN-14th) Battles-15th Georgia New Markets Jobs Act; enact (Substitute)(I&L-54th) Shaw-176th Ad valorem tax; watercraft held in inventory; exempt (Substitute) (FIN-49th) Hawkins-27th State purchasing; equal credits be given to certain forestry certification systems when using green building standards in state construction operation, repair, and renovation projects; require (AG&CA-11th) Cheokas-138th Student health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize (ED&Y-45th) Clark-101st Public officers and employees; authorize political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; provisions (SLGO(G)-56th) Brockway-102nd 2252 JOURNAL OF THE SENATE HB 394 HB 432 HB 504 HB 452 HB 492 Georgia Board of Nursing; revise provisions relating to powers and duties; provisions (H&HS-1st) Cooper-43rd Annexation of territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another municipality which are effective on the same day do not create a prohibited unincorporated island; provide (Substitute)(SLGO(G)-29th) Raffensperger-50th Health; vaccination against meningococcal disease of college students; revise provisions (Substitute)(H&HS-45th) Cooper-43rd Protective Order Registry Act; enact (Substitute)(JUDYNC-22nd) Ballinger-23rd Crimes and offenses; carrying in unauthorized locations; revise provisions (Substitute)(PUB SAF-47th) Jasperse-11th 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 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others: A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The Senate Committee on Health and Human Services offered the following substitute to HB 505: FRIDAY, MARCH 27, 2015 2253 A BILL TO BE ENTITLED AN ACT To amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, is amended by revising Code Section 43-33-3, relating to definitions, as follows: "43-33-3. As used in this chapter, the term: (1) 'Board' means the State Board of Physical Therapy. (2) 'License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (3) 'Licensee' means any person holding a license under this chapter. (4) 'Person' means a human being only, not a legal entity. (5) 'Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.' (6) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.' (7) 'Physical therapy' means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. The term 'physiotherapist' shall be synonymous with 'physical therapy' pursuant to this chapter. The practice of physical therapy means: (A) Examining, evaluating, and testing patients and clients with mechanical, physiological, and developmental impairments, activity limitations, participation restrictions, and disabilities or other movement related conditions in order to determine a physical therapy diagnosis, prognosis, and plan of intervention and to assess the ongoing effects of intervention; (B) Alleviating impairments of body structure or function by designing, implementing, and modifying interventions to improve activity limitations or 2254 JOURNAL OF THE SENATE participation restrictions for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain; (C) Reducing the risk of injury, impairment, activity limitations, participation restrictions, and disability, including the promotion and maintenance of health, fitness, and wellness in populations of all ages; (D) Planning, administering, evaluating, and modifying intervention and instruction, including the use of physical measures, activities, and devices, including but not limited to dry needling for preventative and therapeutic purposes; and (E) Engaging in administration, consultation, education, teaching, research, telehealth, and the provision of instructional, consultative, educational, and other advisory services. the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes, including but not limited to dry needling; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. (8) 'Physical therapy aide' means a person who only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter. (9) 'Trainee' means an individual who is approved for a traineeship. (10) 'Traineeship' means a period of activity during which a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one year prior to assuming the supervisory role. (11) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon." SECTION 2. Said chapter is further amended by revising Code Section 43-33-7, relating to conduct of business by telephone, as follows: "43-33-7. With the exception of hearings in contested cases, the board may conduct business in conference by telephone or other digital means, provided that members of the board shall not receive compensation for business conducted in conference by telephone or other digital means." FRIDAY, MARCH 27, 2015 2255 SECTION 3. Said chapter is further amended by revising Code Section 43-33-11, relating to license required for physical therapists or physical therapy assistants, use of titles, and limitation on scope of Code section, as follows: "43-33-11. A physical therapist shall display either the title 'physical therapist' or the abbreviation 'P.T.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapist assistant shall display either the title 'physical therapist assistant' or the abbreviation 'P.T.A.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapy aide shall be required to display the title 'physical therapy aide' on a name tag or other similar form of identification during times when such person is assisting a licensee. No person shall practice as a physical therapist or as a physical therapist assistant nor hold himself or herself out as being able to practice as a physical therapist or as a physical therapist assistant or as providing physical therapy or use the initials P.T. or P.T.A. in conjunction therewith or use any word or title to induce the belief that he or she is engaged in the practice of physical therapy unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. (a) A physical therapist shall clearly inform the public of his or her professional credential as a physical therapist. A physical therapist shall use the appropriate regulatory designator as identified by the board. (b) A physical therapist assistant shall use the letters 'PTA' immediately following his or her name to designate licensure under this chapter. A person shall not use the title 'physical therapist assistant,' the letters 'PTA,' or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. (c) A person or business entity and its employees, agents, or representatives shall not use in connection with that person's name or the name or activity of the business entity the words 'physical therapy,' 'physical therapist,' 'physiotherapist,' or 'doctor of physical therapy,' the letters 'PT,' 'CPT,' 'DPT,' 'LPT,' 'RPT,' or 'MPT,' or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or business entity shall not advertise or otherwise promote another person as being a physical therapist or physiotherapist unless the individual so advertised or promoted is licensed as a physical therapist under this chapter. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as physical therapy unless the individual directing and supervising those services is a person licensed under this chapter. (d) Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of: 2256 JOURNAL OF THE SENATE (1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws; (2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter; (4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; (5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter; or (6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said such treatment in this state not to exceed a total of 60 days during any 12 month period; or (7) A person currently licensed in another state who is present in this state providing physical therapy services during a declared local, jurisdictional, or national disaster or emergency, such services not to exceed a total of 60 days during any 12 month period." SECTION 4. Said chapter is further amended by revising Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "43-33-12. A license to practice physical therapy shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language FRIDAY, MARCH 27, 2015 2257 and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) or (c) of Code Section 43-1-19." SECTION 5. Said chapter is further amended by revising Code Section 43-33-13, relating to requirements for license to practice as physical therapy assistant, as follows: "43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) (b) or (c) of Code Section 43-1-19." SECTION 6. Said chapter is further amended by revising Code Section 43-33-18, relating to refusal to grant or restore licenses, discipline of licensees, suspension, revocation, or restriction of licenses, and immunity for violation reporters, as follows: "43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist licensed under this chapter upon a finding by the board that the licensee or applicant has: (1) Identified himself or herself as a doctor without also clearly informing the public of his or her professional credential as a physical therapist; (2) Performed physical therapy care and services without examination and evaluation of patients or clients in order to determine a physical therapy diagnosis, prognosis, and plan of intervention, which, in the case of patients who have self-referred, means the physical therapist has: (A) Failed to refer the patient to an individual licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43 if at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment beyond the scope of practice of the physical therapist or, regardless of the patient's condition, if after 21 days or eight visits from the initiation of a physical therapy plan of intervention, the physical therapist has not 2258 JOURNAL OF THE SENATE received a referral from the patient's provider who is licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43. The day and visit limitations contained in this subparagraph shall not apply: (i) In the case of services provided for health promotion, wellness, fitness, or maintenance purposes, in which case the physical therapist shall refer a client seen for health promotion, wellness, fitness, or maintenance purposes to an appropriate individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43 if the client exhibits or develops signs and symptoms beyond the scope of practice of the physical therapist; (ii) In the case of a patient diagnosed within the previous nine months with a neuromuscular or developmental condition when the evaluation, treatment, or services are being provided for problems or symptoms associated with that previously diagnosed condition; or (iii) In the case of a patient diagnosed within the previous 90 days with a chronic musculoskeletal condition and noted by a current relevant document from an appropriate licensed health care provider; (B) Ordered radiology, performed surgery, ordered laboratory or body fluid testing, diagnosed disease, or practiced medicine; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice or practiced medicines; (C) Failed to provide each self-referred patient with a written disclosure that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging and that such services might not be covered by the patient's health plan or insurer; (D) Not satisfied the additional requirements for seeing a patient who has selfreferred, which shall include: (i) A doctorate in physical therapy or equivalent degree from an accredited institution plus two years of clinical practice experience; (ii) A doctorate in physical therapy or equivalent and: (I) Post graduate certification; (II) American Board of Physical Therapy Specialties Board Certification; or (III) Residency or fellowship training; or (iii) Five years of clinical practice experience; or (E) Performed dry needling treatment interventions without consulting an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; or (3) Acted in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to a patient occurs, or failed to provide the expected minimal standard of patient or client management, which shall include that: (A) A physical therapist is fully responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide: (i) The initial evaluation, determination of physical therapy diagnosis, prognosis, FRIDAY, MARCH 27, 2015 2259 and plan of intervention and documentation of the initial evaluation; (ii) Periodic reevaluation and documentation of findings for each patient; and (iii) The documented episode of care for each patient, including the patient's response to the plan of intervention at the time of completion of the episode of care; (B) A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction and supervision; (C) For each patient on each date of service, a physical therapist shall provide all of the intervention that requires the education, skills, knowledge, and abilities of a physical therapist; (D) A physical therapist shall determine the use of physical therapist assistants and physical therapy aides to ensure the delivery of care that is safe, effective, and efficient. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the supervision of a physical therapist; (E) A physical therapist shall communicate the overall plan of care with the patient or the patient's legally authorized representative; (F) A physical therapist's responsibility shall include accurate documentation and billing of the services provided; (G) A physical therapist shall adhere to the recognized standards for professional conduct and code of ethics of the physical therapy profession as established by rule; and (H) A physical therapist shall ensure that he or she has liability coverage either independently or provided by the entity by which he or she is employed. (b) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant licensed under this chapter upon a finding by the board that the licensee or applicant has: (1) Worked outside the supervision of a physical therapist; (2) Failed to provide accurate documentation or billing of services provided; (3) Failed to adhere to the recognized standards of ethical conduct and code of ethics as established by rule; or (4) Acted in a manner inconsistent with generally accepted standards of the physical therapist assistant's scope of work, regardless of whether actual injury to the patient occurs. (a)(c) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (1)(A) Implemented or continued a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts; except that a physical therapist may implement a program of physical therapy treatment without consultation with an appropriately licensed practitioner of the healing arts when: (i) Services are provided for the purpose of fitness, wellness, or prevention that is 2260 JOURNAL OF THE SENATE not related to the treatment of an injury or ailment; or (ii)(I) The patient was previously diagnosed and received treatment or services for that diagnosis and the patient returns to physical therapy within 60 days of discharge from physical therapy for problems and symptoms that are related to the initial referral to the physical therapist. In such a situation the physical therapist shall notify the original referral source of the return to physical therapy within five business days; and (II) The physical therapist holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States Department of Education and approved by the Georgia State Board of Physical Therapy or the physical therapist has completed at least two years of practical experience as a licensed physical therapist. If after 90 days of initiating physical therapy services the physical therapist determines that no substantial progress has been made with respect to the primary complaints of the patient, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts. If at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of the physical therapist, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2)(1) Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts licensed health care provider designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant FRIDAY, MARCH 27, 2015 2261 who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (3)(2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, or the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4)(3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant; or made a false or deceptive biennial registration with the board; (5)(4) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6)(5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or 2262 JOURNAL OF THE SENATE practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board; (7)(6) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or (8)(7) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b)(d)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a), (b), or (c) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c)(e) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (d)(f) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a), (b), or (c) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a), (b), or (c) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying." FRIDAY, MARCH 27, 2015 2263 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Hufstetler of the 52nd offered the following amendment #1: Amend LC 372011 to HB 505 by Line 219 delete "or practiced medicines" Senator Hufstetler of the 52nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hufstetler amendment #1 to the committee substitute was withdrawn. Senators Watson of the 1st and Burke of the 11th offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 505 (LC 37 2011S) by deleting line 198 and inserting in lieu thereof the following: condition, if after 14 days or six visits from the initiation of a physical therapy plan On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 13, nays 30, and the Watson, Burke amendment #2 to the committee substitute was lost. Senators Unterman of the 45th, Miller of the 49th and Hufstetler of the 52nd offered the following amendment #3: Amend the Senate Health and Human Services Committee substitute to HB 505 (LC 37 2011S) by deleting lines 217 through 219 and by inserting in lieu thereof the following: diagnosed disease, or practiced medicine; By deleting line 403 and inserting in lieu thereof the following: criminal liability for so testifying. (g) The provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within his or her scope of practice." On the adoption of the amendment, there were no objections, and the Unterman, et al. amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. 2264 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin N Harbison Y Harper E Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James E Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 6. HB 505, having received the requisite constitutional majority, was passed by substitute. HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, MARCH 27, 2015 2265 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 51, nays 0. HB 57, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 57. Had I been present, I would have voted yes. /s/ Hunter Hill District 6 Senator Harper of the 7th was excused for business outside the Senate Chamber. HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. 2266 JOURNAL OF THE SENATE The Senate Committee on Judiciary offered the following substitute to HB 153: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to authorize certain activities involving real estate transactions; to provide for a civil action for damages; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, is amended by adding two new Code sections to read as follows: "15-19-59. (a) As used in this Code section, the terms 'associate broker,' 'broker,' and 'salesperson' shall have the same meanings as set forth in Code Section 43-40-1. (b) A broker, associate broker, or salesperson licensed pursuant to Chapter 40 of Title 43, a seller of real property, or an employee of a property management company engaged in the leasing or management of commercial or multifamily properties may: (1) Provide information and advice to their principals, clients, and customers in matters involving the listing, management, sale, purchase, exchange, renting, lease, option, or other conveyance of any real estate or the improvements thereon; (2) Prepare special stipulations to forms that were prepared by an attorney in connection with the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; (3) Provide legal forms prepared by an attorney to their principals, clients, and customers; and (4) Complete legal instruments prepared by an attorney for their principals, clients, and customers. (c) This Code section shall not authorize a broker, associate broker, or salesperson to close a real estate transaction or to express, render, or issue a legal opinion as to the status of the title to real or personal property. No person or voluntary association, other than an active member in good standing of the State Bar of Georgia, shall close a real estate transaction or express, render, or issue a legal opinion as to the status of the title to real or personal property. (d) This Code section shall not prevent the activities authorized by Code Section 1519-52, 15-19-53, 15-19-54, or 43-40-25.1. FRIDAY, MARCH 27, 2015 2267 15-19-60. Any consumer who is a party to a one-to-four family residential real estate transaction or a consumer debtor or a trustee of a consumer debtor in a bankruptcy case that involves a one-to-four family residential real property who is damaged by a violation of this article or a violation of the Supreme Court's rules or opinions governing the unlicensed practice of law shall be entitled to maintain a civil action to recover damages, treble damages, reasonable attorney's fees, and expenses of litigation. A claim for a violation of this Code section shall be asserted in an individual action only and shall not be the subject of a class action under Code Section 9-11-23. This Code section shall not prevent the activities authorized by Code Section 15-19-52, 15-19-53, 15-19-54, 15-19-59, or 43-40-25.1." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Stone of the 23rd offered the following amendment #1: Amend Committee Sub to HB 153 (LC 29 6631S) On line 14 after "real property" insert: "or the employee of a seller of real property" On the adoption of the amendment, there were no objections, and the Stone 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C 2268 JOURNAL OF THE SENATE Ginn Y Gooch Y Harbin Y Harbison E Harper E Heath Y Henson Y Hill, H Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 153, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 153. Had I been present, I would have voted yes. /s/ David E. Lucas, Sr. District 26 HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The Senate Committee on Education and Youth offered the following substitute to HB 131: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to include acts of bullying through the use of electronic communication; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 27, 2015 2269 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "The End to Cyberbullying Act." SECTION 2. Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term 'bullying' means an act, including an act through the use of electronic communication, which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or (3) Any intentional written, verbal, or physical act which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that: (A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1; (B) Has the effect of substantially interfering with a student's education; (C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (D) Has the effect of substantially disrupting the orderly operation of the school. The term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. For purposes of this Code section, electronic communication includes but is not limited to telephones, cellular telephones, wireless communication devices, pagers, computers, e-mail, instant messaging, text messaging, through websites, or any similar means of communication, whether or not such electronic act originated on school property or with school equipment." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 2270 JOURNAL OF THE SENATE Senator McKoon of the 29th offered the following amendment #1: Amend LC 33 6192S to HB 131 by striking from line 33 "For purposes of this Code Section,"; striking lines 34 - 37; inserting after "system." on line 33 the following: "For purposes of this Code Section, electronic communication includes any transfer of signs, signals, writings, image, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio electromagnetic, photo electronic or photographical system." Senators Albers of the 56th and Kennedy of the 18th offered the following amendment #1a: Amend LC 33 6192S to HB 131 by inserting on line 6 after for purpose of this Code Section 1 electronic communication includes "but not limited to" . . . On the adoption of amendment #1a, there were no objections, and the Albers, Kennedy amendment #1a to the McKoon amendment #1 to the committee substitute was adopted. On the adoption of the McKoon amendment #1 as amended, the President asked unanimous consent. Senator Henson of the 41st objected. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy Y Kirk Y Orrock N Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins FRIDAY, MARCH 27, 2015 2271 Gooch Y Harbin N Harbison E Harper E Heath N Henson Y Hill, H Y Ligon Lucas Y Martin Y McKoon Y Millar N Miller Y Mullis Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M Y Williams, T On the adoption of the amendment, the yeas were 42, nays 9, and the McKoon amendment #1 to the committee substitute was adopted as amended. Senator McKoon of the 29th offered the following amendment #2: Amend Committee Sub to HB 131 (LC 33 6192S) by striking from line 27 "an intimidating or" and inserting in its place "A" Senator McKoon of the 29th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the McKoon amendment #2 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson 2272 JOURNAL OF THE SENATE E Harper E Heath Y Henson Y Hill, H Y McKoon Y Millar Y Miller Y Mullis Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 49, nays 1. HB 131, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 632. By Representatives Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd, Jones of the 53rd, Reeves of the 34th and others: A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes. HB 640. By Representatives Chandler of the 105th, Efstration of the 104th, Kendrick of the 93rd, Clark of the 101st, Clark of the 98th and others: A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 646. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others: A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, FRIDAY, MARCH 27, 2015 2273 HB 647. HB 648. HB 650. HB 658. particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), so as to increase the county supplement to the state salary of said judges; to repeal conflicting laws; and for other purposes. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4136), so as to change the salary of the chief magistrate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Stovall of the 74th and others: A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4656), so as to change the provisions relating to the compensation of the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Waites of the 60th, Bruce of the 61st, Gardner of the 57th, Brooks of the 55th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Mitchell of the 88th, Williams of the 87th, Drenner of the 85th, Kendrick of the 93rd, Anderson of the 92nd and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes. 2274 JOURNAL OF THE SENATE HB 661. HB 662. HB 663. HB 664. HB 668. By Representatives Drenner of the 85th, Henson of the 86th, Jacobs of the 80th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), 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 Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide for a referendum and contingent effective dates; 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 governing authority of the City of Griffin 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 Ramsey of the 72nd and Fludd of the 64th: A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 27, 2015 2275 HB 674. By Representatives Weldon of the 3rd and Tarvin of the 2nd: A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 675. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th and others: 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the armed forces of the United States; to provide for definitions; to provide a short title; to provide for related matters; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort 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 Jones, H Y Kennedy Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C 2276 JOURNAL OF THE SENATE Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E Heath Y Henson Y Hill, H Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 51, nays 1. HB 443, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Ginn of the 47th Tate of the 38th HB 259. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th 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 an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; to provide for 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: Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert N Crane Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone FRIDAY, MARCH 27, 2015 2277 Y Davenport Y Dugan Y Fort E Ginn Y Gooch Y Harbin Y Harbison Y Harper E Heath Y Henson Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis E Tate Y Thompson, B E Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 2. HB 259, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 259. Had I been present, I would have voted No. /s/ Hunter Hill District 6 HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. The Senate Committee on Regulated Industries and Utilities offered the following substitute to HB 253: 2278 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; 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 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by revising subsection (e) of Code Section 43-39A-14.1, relating to requirements for the establishment and maintenance of a real estate appraisal management company, as follows: "(e) An appraisal management company shall not pay any fees to an appraiser performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the rules and regulations adopted by the board to regulate such transactions in accordance with 15 U.S.C. Section 1601, et seq., and the regulations promulgated thereunder and the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken, including, but not limited to, compensation to appraisers that is customary and reasonable for appraisals being performed for one- to four-family residential units in the market area of the property being appraised. An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services." 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. FRIDAY, MARCH 27, 2015 2279 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. HB 253, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 27th was excused for business outside the Senate Chamber. HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others: A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Health and Human Services offered the following substitute to HB 342: 2280 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, is amended by adding new subsections to read as follows: "(i) No violation of any regulation promulgated pursuant to the federal Nursing Home Reform Act, 42 U.S.C. Sections 1396r and 1395i-3, or any regulation included in Ga. Comp. R. & Regs. 111-8-50 or 111-8-56 or the success of such regulations as they existed on the effective date of this subsection, shall constitute negligence per se; provided, however, that the court in any civil action shall take judicial notice of these regulations and admit them into evidence if found to be relevant to the harm alleged in the complaint. Nothing in this subsection shall abrogate any express cause of action authorized under law or be construed to amend or repeal any provision of the 'Bill of Rights for Residents of Long-term Care Facilities' in Article 5 of Chapter 8 of Title 31. (j)(1) The results or findings of a federal or state survey or inspection of a nursing home facility, including any statement of deficiencies or reports, shall not be used or referenced in an advertisement or solicitation by any person or any entity, unless the advertisement or solicitation includes all of the following: (A) The date the survey was conducted; (B) A statement that the Department of Community Health conducts a survey of all nursing home facilities at least once every 15 months; (C) If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date that the finding or deficiency was substantially corrected; (D) The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey and a disclosure of the severity level for each finding and deficiency; (E) The average number of findings and deficiencies cited in statements of deficiencies on the basis of surveys conducted by the department during the same calendar year as the survey used in the advertisement; FRIDAY, MARCH 27, 2015 2281 (F) A disclosure of whether each finding or deficiency caused actual bodily harm to any residents and the number of residents harmed thereby; and (G) A statement that the advertisement is neither authorized nor endorsed by any government agency. (2) In addition to any other remedies and damages allowed by law, a party found to have violated paragraph (1) of this subsection shall be liable for attorney fees and expenses of litigation incurred in an action to restrain or enjoin such violation; provided, however, that damages, attorney fees, and expenses of litigation shall not be recoverable against any newspaper, news outlet, or broadcaster publishing an advertisement or solicitation submitted by a third party for a fee." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of actions arising on and after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Cowsert of the 46th and Bethel of the 54th offered the following amendment #1: Amend LC 37 2012S, Senate Health and Humans Services Committee Substitute to HB 342 by correcting a typographical error on line 15 by striking the word "success" and replacing it with "successor" On the adoption of the amendment, there were no objections, and the Cowsert, Bethel 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Orrock N Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims 2282 JOURNAL OF THE SENATE Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E Heath Y Henson Y Hill, H Y Jones, B Y Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 4. HB 342, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Hufstetler of the 52nd Martin of the 9th HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. The Senate Committee on Judiciary Non-Civil offered the following substitute to HB 328: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-945, Chapter 1 of Title 43, and Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for FRIDAY, MARCH 27, 2015 2283 professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid, respectively, so as to enact reforms recommended by the Georgia Council on Criminal Justice Reform involving adult offenders; to provide greater employment opportunities for individuals who have had interaction with the criminal justice system; to provide protection to consumers relating to consumer reports in connection with employment and licensing; to provide for definitions; to change provisions relating to certain inmates' parole eligibility; to provide for probationary licenses under certain conditions; to change provisions relating to the misdemeanor and felony threshold in certain fraud cases; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the Council of Accountability Court Judges of Georgia; to provide for membership, duties, and responsibilities; to change responsibilities of drug court divisions, mental health court divisions, and veterans court divisions from the Judicial Council of Georgia to the Council of Accountability Court Judges of Georgia; to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for payment and disposition of fines and forfeitures, so as to provide for the collection of moneys owed to a court; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to change the name of the Georgia Public Defender Standards Council; to remove all references to standards within the chapter; to remove mandatory provisions and make them discretionary; to change provisions relating to the qualifications of the director; to revise the director's powers and authority; to require fewer council and legislative oversight meetings; to limit disclosure of information only upon request; to repeal provisions requiring the council to approve programs for the representation of indigent persons; to change provisions relating to appeals in alternative delivery systems; to amend Title 15 and Code Sections 35-6A-3 and 36-32-1 of the Official Code of Georgia Annotated, relating to courts, membership on the Criminal Justice Coordinating Council, and establishment of municipal courts, respectively, so as to correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as follows: "10-1-393.14. (a) As used in this Code section, the term: (1) 'Adverse effect' means: (A) A denial of employment; (B) Any other decision for employment purposes that negatively affects any current or prospective employee; or 2284 JOURNAL OF THE SENATE (C) A denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of any license. (2) 'Consumer report' means any written, oral, or other communication of any information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for purposes of credit, insurance, or employment. (3) 'Consumer reporting agency' means any person or entity which, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (4) 'Employment purposes' means used for the purpose of evaluating a consumer for employment, promotion, reassignment, retention as an employee, or licensing. (b) A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall: (1) At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or (2) Maintain strict procedures designed to ensure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, and convictions shall be considered up to date if the current public record status of the item at the time of the report is reported. (c) A consumer reporting agency shall be considered to be conducting business in this state if it provides information to any individual, partnership, corporation, association, or any other group however organized that is domiciled within this state or whose principal place of business is within this state. (d) A consumer reporting agency that provides a consumer report for employment purposes that is in compliance with the federal Fair Credit Reporting Act in existence on March 11, 2015, shall be deemed to have complied with this Code section." PART II SECTION 2-1. Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, is amended by revising subsection (c) as follows: "(c) Except as otherwise provided in subsection (b) or (b.1) of this Code section and FRIDAY, MARCH 27, 2015 2285 subsection (b) of Code Section 42-9-45, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served." SECTION 2-2. Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to the State Board of Pardons and Paroles general rule-making authority, is amended by revising subsection (b) as follows: "(b)(1) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. (2) Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years. (3) When an inmate was sentenced pursuant to subsection (d) of Code Section 16-1330 and subsection (c) of Code Section 17-10-7 to a term of at least 12 years and up to a life sentence, he or she may become eligible for consideration for parole if he or she: (A) Has never been convicted of: (i) A serious violent felony as such term is defined in Code Section 17-10-6.1; (ii) An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006; (iii) A violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; (iv) A violation of Code Section 16-11-106; and (v) A violation of Code Section 16-11-131; (B) Has completed at least 12 years of his or her sentence; (C) Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections; (D) Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections; (E) Has completed all criminogenic programming requirements as determined by a 2286 JOURNAL OF THE SENATE validated risk assessment instrument approved by the Department of Corrections; (F) In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and (G) Has a high school diploma or general educational development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program." PART III SECTION 3-1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for professions and businesses, is amended by adding a new subsection to Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, to read as follows: "(p)(1) Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division program, as set forth in Code Section 15-1-15, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board. (2) Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a drug court division program." PART IV SECTION 4-1. Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by revising subsection (a) as follows: "(a) Any person who by means of a false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly or intentionally aids or abets such person in the obtaining or attempting to obtain: (1) Any grant or payment of public assistance, food stamps, or medical assistance (Medicaid) to which he or she is not entitled; (2) A larger amount of public assistance, food stamp allotment, or medical assistance (Medicaid) than that to which he or she is entitled; or (3) Payment of any forfeited grant of public assistance; or any person who, with intent to defraud the department, aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance shall be guilty of a misdemeanor unless the total amount of the value of public assistance, food FRIDAY, MARCH 27, 2015 2287 stamps, and medical assistance (Medicaid) so obtained exceeds $500.00 $1,500.00, in which event such person 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. In determining the amount of value of public assistance, food stamps, and medical assistance (Medicaid) obtained by false statement, failure to disclose information, or impersonation, or other fraudulent device, the total amount obtained during any uninterrupted period of time shall be treated as one continuing offense." PART V SECTION 5-1. Title 15 of the Official Code of Georgia Annotated is amended by revising Code Section 15-1-15, relating to drug court divisions, by revising paragraphs (4) and (10) of subsection (a) as follows: "(4)(A) The On or before January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall establish standards and practices for drug court divisions taking into consideration guidelines and principles based on current research and findings published by the National Drug Court Institute and the Substance Abuse and Mental Health Services Administration, relating to practices shown to reduce recidivism of offenders with drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the drug court field. Each drug court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. (B) The On and after January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall provide technical assistance to drug court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in drug court divisions. (C) The On or before July 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure drug court divisions are adhering to the Judicial Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for drug court divisions to seek an exception to the Judicial Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any drug court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Accountability Court Judges of Georgia, shall receive a waiver from the Judicial Council of Accountability Court Judges of Georgia. 2288 JOURNAL OF THE SENATE (D) On and after July 1, 2013, the award of any state funds for a drug court division shall be conditioned upon a drug court division attaining certification or a waiver by the Judicial Council of Accountability Court Judges of Georgia. On or before September 1, the Judicial Council of Accountability Court Judges of Georgia shall publish an annual report listing certified drug court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all drug court divisions. The Judicial Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a drug court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the drug court divisions for the purpose of improving drug court division policies and practices and the certification and recertification process." "(10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior." SECTION 5-2. Said title is further amended by revising paragraphs (4) and (10) of subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows: "(4)(A) The On or before January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall establish standards and practices for mental health court divisions taking into consideration guidelines and principles based on current research and findings published by expert organizations, including, but not limited to, the United States Substance Abuse and Mental Health Services Administration, the Council of State Governments Consensus Project, and the National GAINS Center, relating to practices shown to reduce recidivism of offenders with mental illness or developmental disabilities. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the mental health court field. Each mental health court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. FRIDAY, MARCH 27, 2015 2289 (B) The On and after January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall provide technical assistance to mental health court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in mental health court divisions. (C) The On or before July 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure mental health court divisions are adhering to the Judicial Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for mental health court divisions to seek an exception to the Judicial Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any mental health court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Accountability Court Judges of Georgia, shall receive a waiver from the Judicial Council of Accountability Court Judges of Georgia. (D) On and after July 1, 2013, the award of any state funds for a mental health court division shall be conditioned upon a mental health court division attaining certification or a waiver by the Judicial Council of Accountability Court Judges of Georgia. On or before September 1, the Judicial Council of Accountability Court Judges of Georgia shall publish an annual report listing of certified mental health court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The Judicial Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a mental health court division, drug testing results, drug testing failures, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the mental health court divisions for the purpose of improving mental health court division policy and practices and the certification and recertification process." "(10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior." 2290 JOURNAL OF THE SENATE SECTION 5-3. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 15-1-17, relating to veterans court divisions, as follows: "(4) The Judicial Council of Accountability Court Judges of Georgia shall adopt standards and practices for veterans court divisions, taking into consideration guidelines and principles based on available current research and findings published by experts on veterans' health needs and treatment options, including, but not limited to, the VA and the Georgia Department of Veterans Service. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the veterans court field if any such research, findings, or developments are created. Each veterans court division shall adopt policies and practices that will be consistent with any standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. Such standards and practices shall serve as a flexible framework for developing effective veterans court divisions and provide a structure for conducting research and evaluation for accountability. Such standards and practices are not intended to be a certification or regulatory checklist." SECTION 5-4. Said title is further amended by adding a new Code section to read as follows: "15-1-18. (a) As used in this Code section, the term: (1) 'Accountability court' means a drug court division, mental health court division, or veterans court division. (2) 'Council' means the Council of Accountability Court Judges of Georgia. (b) There is created an accountability court judges' council to be known as the 'Council of Accountability Court Judges of Georgia.' Such council shall be composed of the judges, senior judges, and judges emeriti of the accountability courts of this state. (c) The council shall be authorized to organize itself and to develop a constitution and bylaws. The council shall promulgate rules and regulations as it deems necessary. The council shall annually elect a chairperson from among its membership. The council may appoint such committees as it considers necessary to carry out its duties and responsibilities. (d) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of accountability courts, the quality and expertise of the judges thereof, and the administration of justice. (e) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for such purpose, or from other appropriate sources. The council shall be authorized to accept and use gifts, grants, and donations for the purposes of carrying out this Code section. The council shall be authorized to accept and use property, both real and personal, and services for the purposes of carrying out this Code section. FRIDAY, MARCH 27, 2015 2291 (f) The Criminal Justice Coordinating Council shall provide technical services to the council and shall assist the council in complying with all its legal requirements." PART VI SECTION 6-1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for payment and disposition of fines and forfeitures, is amended by revising Code Section 15-21-12, which was previously reserved, as follows: "15-21-12. Reserved. For the purpose of collecting any moneys owed to a court pursuant to a judgment and with the recommendation of such court, a local governing authority may contract with any person doing business within or outside this state for the collection of moneys owed to such court; provided, however, that a local governing authority shall not enter into such contract for the collection of moneys owed as a result of a court order sentencing a defendant to a probationary sentence or placing a defendant under probationary supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed." PART VII SECTION 7-1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising subsection (b) of Code Section 17-12-1, relating to the Georgia Public Defender Standards Council, as follows: "(b) The Georgia Public Defender Standards Council shall be an independent agency within the executive branch of state government." SECTION 7-2. Said chapter is further amended by revising paragraphs (4), (5), and (7) of Code Section 17-12-2, relating to definitions, as follows: "(4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Director' means the director of the Georgia Public Defender Standards Council." "(7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council." SECTION 7-3. Said chapter is further amended by revising subsections (a) and (e) of Code Section 1712-3, relating to the creation of the council, as follows: "(a) There is created the Georgia Public Defender Standards Council to be composed of nine members. Other than county commission members, members of the council shall be individuals with significant experience working in the criminal justice system 2292 JOURNAL OF THE SENATE or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants." "(e) In making the appointments of members of the council who are not county commissioners, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall may solicit suggestions from the State Bar of Georgia, local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the public and other interested organizations and individuals within this state. The appointing authorities may solicit recommendations for county commissioners from the Association County Commissioners of Georgia. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia to serve on the council." SECTION 7-4. Said chapter is further amended by revising Code Section 17-12-5, relating to the director, qualifications, selection, salary, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years' experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the Governor. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to FRIDAY, MARCH 27, 2015 2293 perform any indigent defense services or otherwise necessary to perform any duties, responsibilities, or functions which the director is authorized by law to perform and to exercise any power or authority which the council is authorized under subsection (a) of Code Section 17-12-4 to exercise; and (2) The power and authority to enforce or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services; to carry into effect the minimum standards and policies promulgated by the council; and to perform any duties, responsibilities, or functions which the council is authorized under subsection (a) of Code Section 17-12-4 to perform or to exercise; and (3)(2) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, procedures, and regulations as the director determines may be necessary to carry out the provisions of this chapter and submit these to the council for approval and comply with all applicable laws, standards, and regulations; (3) Administer and coordinate the operations of the council and supervise compliance with policies and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; (10) Hire or remove a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire or remove the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and (12) Evaluate each circuit public defender's job performance. (e) The director shall not: 2294 JOURNAL OF THE SENATE (1) Provide direct legal representation to any person entitled to services pursuant to this chapter; and (2) Engage in the private practice of law for profit." SECTION 7-5. Said chapter is further amended by revising Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "17-12-6. (a) The council shall may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include: (1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) May Shall collect, maintain, review, and publish in print or electronically records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 7-6. Said chapter is further amended by revising subsection (e) of Code Section 17-12-7, relating to councilmembers and meetings, as follows: "(e) The council shall meet at least quarterly semiannually and at such other times and places as it deems necessary or convenient for the performance of its duties." SECTION 7-7. Said chapter is further amended by revising Code Section 17-12-8, relating to the approval by the council of programs for representation of indigent persons, as follows: "17-12-8. Reserved. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, policies, and standards as may be necessary to fulfill the purposes and provisions of this chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. (c) All policies and standards that are promulgated by the council shall be publicly FRIDAY, MARCH 27, 2015 2295 available for review and shall be posted on the council's website. Each policy and standard shall identify the date upon which such policy and standard took effect." SECTION 7-8. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) Upon request, the The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) Upon request, the The council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) Upon request, the The director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized." SECTION 7-9. Said chapter is further amended by revising Code Section 17-12-10.1, relating to the creation of the legislative oversight committee, as follows: "17-12-10.1. (a) There is created the Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of such committee to serve as chairperson, and the Speaker of the 2296 JOURNAL OF THE SENATE House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least three times once each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g)(f) The members of such committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h)(g) The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted." SECTION 7-10. Said chapter is further amended by revising subsection (d) of Code Section 17-12-20, relating to the public defender selection panel, as follows: "(d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least annually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The director and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the annual review process, FRIDAY, MARCH 27, 2015 2297 but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the director on a form provided to the panel by the director. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of its findings and remonstrative action by the director. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the director within 15 days of the adoption of the resolution. The director shall initiate action on the circuit public defender supervisory panel's resolution within 30 days of receiving the resolution. The director shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection." SECTION 7-11. Said chapter is further amended by revising Code Section 17-12-36, relating to alternative delivery systems, as follows: "17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if: (1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003; (2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its policies and standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time; provided, however, that if such judicial circuit's request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuit's 2298 JOURNAL OF THE SENATE request. (c) The council shall make a determination with regard to continuation of an alternative delivery system not later than December 1, 2005, and if the council determines that such judicial circuit's alternative delivery system does not meet the standards requirements as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards requirements as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the standards requirements as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council. (g) In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the Supreme Court of Georgia council under such rules and procedures as shall be prescribed by the Supreme Court council. (h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 7-12. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to repayment of attorney's fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment FRIDAY, MARCH 27, 2015 2299 through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury." SECTION 7-13. Said chapter is further amended by revising subsection (b) of Code Section 17-12-80, relating to the requirement for verification of indigence, as follows: "(b) The council shall establish policies and standards to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system." PART VIII SECTION 8-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-6-30, relating to expenses for attendance at educational programs, as follows: "(a) The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his judicial circuit other than the court in the county of the residence of the judge or when the judge is required to be in any county in his circuit other than the county of his residence in the discharge of any judicial duty or function, required by law, pertaining to the superior court of such county. Judges and senior judges of the superior courts shall also be entitled to receive reimbursement under this Code section of travel expenses incurred when any such judge is designated to preside in the place of an absent Justice of the Supreme Court or attends a meeting of a judicial administrative district, The Council of Superior Court Judges of Georgia, the Judicial Council of Georgia, the Council of Accountability Court Judges of Georgia, the Advisory Council for Probation, the Judicial Qualifications Commission, or any committee or subcommittee of any such body, or when any such judge attends a meeting with the personnel of any state department or other state agency when such meeting is held to carry out a public purpose; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reimbursement under Code Section 15-6-32." SECTION 8-2. Said title is further amended by revising subsections (e) and (g) of Code Section 15-676.1, relating to investing or depositing funds, as follows: "(e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the 2300 JOURNAL OF THE SENATE interest generated by said funds directly to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersede bonds for criminal appeal, other supercede bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief." "(g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior Court Clerks' Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council." SECTION 8-3. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust account, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council." SECTION 8-4. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds, as follows: "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council." SECTION 8-5. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds, as follows: "15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the FRIDAY, MARCH 27, 2015 2301 Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council." SECTION 8-6. Said title is further amended by revising subsection (b) of Code Section 15-16-27, relating to deposit of cash bonds and reserves of professional bonds persons in interestbearing accounts, as follows: "(b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance." SECTION 8-7. Said title is further amended by revising subsection (c) of Code Section 15-21A-7, relating to rules, regulations, reporting, and accounting, as follows: "(c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the Legislative Oversight Committee for the Georgia Public Defender Standards Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter." SECTION 8-8. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to the membership on the Criminal Justice Coordinating Council, is amended by revising subsections (a) and (c) as follows: "(a) The Criminal Justice Coordinating Council shall consist of 24 25 members and shall be composed as follows: (1) The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Council of Accountability Court Judges of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of 2302 JOURNAL OF THE SENATE their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment." "(c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The chairperson of the Georgia Public Defender Standards Council shall become a member on December 31, 2003. The chairperson of the Council of Accountability Court Judges of Georgia shall become a member on July 1, 2015." SECTION 8-9. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal court, is amended by revising subsections (f) and (g) as follows: "(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state." FRIDAY, MARCH 27, 2015 2303 PART IX SECTION 9-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Part II of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part II of this Act. SECTION 9-2. All laws and parts of laws in conflict with this Act are repealed. Senators Miller of the 49th, Kennedy of the 18th and Dugan of the 30th offered the following amendment #1: Amend the Senate Judiciary, Non-civil Committee substitute to HB 328 (LC 29 6604ECS) by replacing line 207 with the following: (E) The Accountability Court Judges of Georgia and the Georgia Council on Criminal Justice Reform Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall By replacing line 309 with the following: appoint such committees as it considers necessary to carry out its duties and responsibilities, including appointing judges serving in other courts to serve in an advisory capacity to the council. By deleting the quotation mark at the end of line 320 and inserting between lines 320 and 321 the following: (g) The Administrative Office of the Courts shall provide the council with office space and administrative support, including staff for record keeping, reporting, and related administrative and clerical functions." Senator Miller of the 49th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Miller, et al. amendment #1 to the committee substitute was withdrawn. Senators McKoon of the 29th and Crane 28th offered the following amendment #2: Amend the Senate Committee on Judiciary, Non-civil substitute to HB 328 (LC 29 6604ECS) by replacing lines 12 through 17 with the following: misdemeanor and felony threshold in certain fraud cases; to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, 2304 JOURNAL OF THE SENATE By deleting lines 172 through 322 and lines 643 through 662. By redesignating Parts VII through IX as Parts VI through VIII, respectively. By redesignating Sections 7-1 through 7-13 as Sections 6-1 through 6-13, respectively, Sections 8-2 through 8-9 as Sections 7-1 through 7-8, respectively, and Sections 9-1 and 9-2 as Sections 8-1 and 8-2, respectively. By replacing lines 739 and 740 with the following: director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of By replacing lines 765 and 766 with the following: a member on December 31, 2003." On the adoption of the amendment, the President asked unanimous consent. Senator Miller of the 49th objected. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel Black N Burke N Butler N Cowsert Y Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin N Harbison N Harper E Heath N Henson N Hill, H N Hill, Jack Y Hill, Judson E Hufstetler N Jackson, B N Jackson, L N James N Jeffares N Jones, B N Jones, E N Jones, H N Kennedy N Kirk N Ligon N Lucas E Martin Y McKoon N Millar N Miller N Mullis N Orrock N Parent Ramsey N Rhett N Seay N Shafer N Sims N Stone E Tate N Thompson, B E Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson E Williams, M N Williams, T On the adoption of the amendment, the yeas were 5, nays 43, and the McKoon, Crane amendment #2 to the committee substitute was lost. FRIDAY, MARCH 27, 2015 2305 Senators Miller of the 49th, Kennedy of the 18th and Dugan of the 30th offered the following amendment #3: Amend the Senate Judiciary, Non-civil Committee substitute to HB 328 (LC 29 6604ECS) by replacing line 207 with the following: (E) The Council of Accountability Court Judges of Georgia and the Georgia Council on Criminal Justice Reform Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall By replacing line 309 with the following: appoint such committees as it considers necessary to carry out its duties and responsibilities, including appointing judges serving in other courts to serve in an advisory capacity to the council. By deleting the quotation mark at the end of line 320 and inserting between lines 320 and 321 the following: (g) The Administrative Office of the Courts shall provide the council with office space and administrative support, including staff for record keeping, reporting, and related administrative and clerical functions. (h) Appropriations to the Administrative Office of the Courts for functions transferred to the Criminal Justice Coordinating Council pursuant to this Code section shall be transferred as provided in Code Section 45-12-90. Personnel previously employed by the Administrative Office of the Courts and equipment and facilities of the Administrative Office of the Courts shall likewise be transferred to the Criminal Justice Coordinating Council. Such transfers shall be as determined by the director of the Administrative Office of the Courts." On the adoption of the amendment, there were no objections, and the Miller, et al. amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Orrock Y Parent Y Ramsey Y Rhett Y Seay 2306 JOURNAL OF THE SENATE Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Ginn Y Gooch N Harbin Y Harbison Y Harper E Heath Y Henson Y Hill, H Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar Miller Y Mullis Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 3. HB 328, having received the requisite constitutional majority, was passed by substitute. Senator Parent of the 42nd asked unanimous consent that the following resolution be withdrawn from the Senate Committee on State and Local Governmental Operations (General) and committed to the Senate Committee on Rules: SR 609. By Senator Parent of the 42nd: A RESOLUTION creating the Senate Annexation, Deannexation, and Incorporation Study Committee; and for other purposes. The consent was granted, and SR 609 was committed to the Senate Committee on Rules. The following House legislation was read the first time and referred to committee: HB 632. By Representatives Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd, Jones of the 53rd, Reeves of the 34th and others: A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. FRIDAY, MARCH 27, 2015 2307 HB 640. By Representatives Chandler of the 105th, Efstration of the 104th, Kendrick of the 93rd, Clark of the 101st, Clark of the 98th and others: A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 646. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others: A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), so as to increase the county supplement to the state salary of said judges; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 647. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4136), so as to change the salary of the chief magistrate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 648. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Stovall of the 74th and others: A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved 2308 JOURNAL OF THE SENATE May 5, 2006 (Ga. L. 2006, p. 4656), so as to change the provisions relating to the compensation of the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 650. By Representatives Waites of the 60th, Bruce of the 61st, Gardner of the 57th, Brooks of the 55th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 658. By Representatives Mitchell of the 88th, Williams of the 87th, Drenner of the 85th, Kendrick of the 93rd, Anderson of the 92nd and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 661. By Representatives Drenner of the 85th, Henson of the 86th, Jacobs of the 80th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 662. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), as FRIDAY, MARCH 27, 2015 2309 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 Committee on State and Local Governmental Operations. HB 663. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 664. By Representatives 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 Griffin 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 Committee on State and Local Governmental Operations. HB 668. By Representatives Ramsey of the 72nd and Fludd of the 64th: A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. HB 674. By Representatives Weldon of the 3rd and Tarvin of the 2nd: A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. 2310 JOURNAL OF THE SENATE HB 675. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others: A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; 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 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 27, 2015 2311 SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Gooch of the 51st Henson of the 41st The Calendar was resumed. HB 310. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. 2312 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Albers Y Beach Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn E Gooch Harbin Y Harbison Y Harper E Heath E Henson Hill, H Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Shafer Y Sims Y Stone E Tate Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Watson Y Wilkinson N Williams, M Williams, T On the passage of the bill, the yeas were 33, nays 3. HB 310, having received the requisite constitutional majority, was passed. The following members indicated in writing that they were off the floor of the Senate when the roll was called on HB 310 and had they been present, they would have voted YEA: Senators: Albers of the 56th Watson of the 1st Hill of the 4th Williams of the 19th Seay of the 34th The following members indicated in writing that they were off the floor of the Senate when the roll was called on HB 310 and had they been present, they would have voted NO: Senators: Harbin of the 16th Hill of the 6th Thompson of the 14th FRIDAY, MARCH 27, 2015 2313 HB 314. By Representatives Tankersley of the 160th and Rynders of the 152nd: 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 combine the State Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 314, having received the requisite constitutional majority, was passed. HB 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th: A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for 2314 JOURNAL OF THE SENATE certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Dugan of the 30th. The Senate Committee on Education and Youth offered the following substitute to HB 313: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, is amended by adding a new Code section to read as follows: "45-20-32. Each full-time, nontemporary employee of the State of Georgia or of any branch, department, board, bureau, or commission thereof shall be entitled to apply for up to eight hours of paid leave per calendar year for the purpose of promoting education in this state. The State Personnel Board shall submit to the Governor for approval rules and regulations which shall effectuate the purpose and govern the administration of this Code section. Such rules and regulations shall require that paid leave only be authorized for activities directly related to student achievement and academic support and shall prohibit the use of such leave for political purposes or agendas." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Miller of the 49th and Black of the 8th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 313 (LC 33 6190S) by deleting lines 1 and 2 and inserting in lieu thereof the following: To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to authorize the application FRIDAY, MARCH 27, 2015 2315 By inserting between lines 3 and 4 the following: per diem expenses for certain boards; to provide for By deleting lines 7 and 8 and inserting in lieu thereof the following: Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in Code Section 45-7-21, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, by revising subsection (b) and adding a new subsection to read as follows: "(b) Whenever With the exception of any elected board listed in subsection (a) of this Code section, whenever this Code section or any other law of this state provides that members of any board, commission, or other body shall receive the same daily expense allowance as members of the General Assembly, whether by specific reference to this Code section or any other law or by a more general reference, the members of such board, commission, or other body shall receive a daily expense allowance of $105.00. Such $105.00 amount shall apply for members of such boards, commissions, and other bodies, regardless of whether the amount actually received by members of the General Assembly under Code Section 28-1-8 is more or less than $105.00. The provisions of this subsection shall control over any conflicting provisions of any other earlier enacted law. (c) The daily expense allowance provided for in subsection (a) of this Code section for members elected to a board shall be fixed by the Office of Planning and Budget in an amount which reasonably corresponds to the housing and meal expenses typically incurred by members in the performance of their duties." SECTION 2. Said title is further amended in Article 2 of Chapter 20, relating to leaves of absence for certain public employees, by adding a new Code section By replacing "2" with "3" on line 19. Senator Miller of the 49th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Miller, Black amendment #1 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 2316 JOURNAL OF THE SENATE Y Albers Y Beach Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Harbison Y Harper E Heath Y Henson Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 2. HB 313, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 313. Had I been present, I would have voted yes. /s/ Butch Miller District 49 The following Senators were excused for business outside the Senate Chamber: Harper of the 7th Williams of the 27th HB 278. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others: A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical FRIDAY, MARCH 27, 2015 2317 Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide for related matters; 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: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison E Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 278, having received the requisite constitutional majority, was passed. HB 277. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, 2318 JOURNAL OF THE SENATE collection, and assessment of state sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 14th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 February 27, 2015 Honorable Jay Powell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 277 (LC 34 4453) Dear Chairman Powell: This bill would change the definition of fair market value applicable to non-carpet flooring samples, sample display racks, and related items for purposes of sales tax assessment from the estimated retail price to 21.9 percent of the cost of raw materials used to construct the sample of related item. Samples and related items used exclusively for commercial sales would be taxed based on 1 percent of their raw material cost. The revenue loss of this bill, according to analysis by the Georgia State University Fiscal Research Center, is estimated to be between $150 thousand and $500 thousand per year beginning in FY 2016. No effective date was given in the bill, so July 1, 2015 has been assumed. Details of the analysis by the Fiscal Research Center are included in the Appendix to this fiscal note. FRIDAY, MARCH 27, 2015 2319 Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Enclosure: Appendix Details of Analysis by Fiscal Research Center Under this bill, the types of floor covering samples that would have their fair market value taxed differently include but are not limited to hardwood, engineered hardwood, laminate, stone, tile, and all types of resilient flooring (e.g. vinyl, linoleum, and cork). These types of flooring represent a wide range of per square foot final retail prices and are used in Georgia at different rates. Using the market share of installed floors by product type obtained from Statista and average per foot retail prices obtained from the Improvenet.com webpage, the weighted average per foot retail material cost of $5.22 was calculated for Georgia across the affected flooring types. Based on Economic Census data on the raw materials costs of resilient flooring, wood flooring, ceramic tile, and other flooring types, the share of the retail price that is comprised of raw material costs is assumed to be about 50 percent. The estimated tax on flooring samples, at 21.9 percent of the raw material cost component, is estimated to be about 1.83 cents per square foot. For commercial use samples, the estimated tax at 1 percent of raw material costs is about 0.08 cents per square foot. These figures represent State revenue losses of about 19 cents and 21 cents per square foot, respectively, from estimated current levels. No data are available from which to estimate the number of samples distributed to dealers per year, but assuming an average of 20 cents per square foot of revenue loss, it would take 500,000 square feet of samples (2 million samples if the average sample size is 6" by 6") to reach a $100,000 State revenue loss. In addition, sample display racks, boards, binders, and other sample-related equipment are to be taxed on the same basis as the samples themselves under this bill. No data are available isolating these specific display purchases or their raw material input costs. However, according to 2012 Economic Census data, there are an estimated 1,451 establishments in Georgia that sell and/or install flooring, and would likely possess these display materials. If these firms, on average, acquired $1,000 worth (at current law fair market value) of new display racks, sample boards and binders, and related items every year, the tax under current law would be about $58,000. If half of the retail value is raw material costs, the taxable amount would be reduced under the proposed law from $1.45 2320 JOURNAL OF THE SENATE million to about $159,000 (at 21.9 percent) and potentially as little as $7,300 (at 1 percent), resulting in a State revenue loss of $52,000 to $58,000 per year. With insufficient data available on the volume of samples and sample display items acquired by Georgia taxpayers each year, no precise estimate can be made. However, combining the hypothetical losses from samples and sample display items as described above, it is believed that the State revenue loss under this bill is likely between $150 thousand and $500 thousand per fiscal year. Senator Jackson of the 24th asked unanimous consent that he be excused from voting on HB 277 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jackson was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 1. HB 277, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 27, 2015 2321 HB 237. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Davenport Dugan N Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 3. HB 237, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: March 27, 2015 2322 JOURNAL OF THE SENATE Due to business outside the Senate Chamber, I missed the vote on HB 237. Had I been present, I would have voted yes. /s/ Curt Thompson District 5 Senator Steve Gooch District 51 421-F State Capitol Atlanta, GA 30334 Committees: Transportation Appropriations Finance Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 Majority Whip March 27, 2015 David Cook Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear David: During today's vote on HB 237 I was absent from the Chamber. Please correct the record to reflect my vote as a yes in the journal. Thank you. Sincerely, /s/ Steve Senator Steve Gooch HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 14th. FRIDAY, MARCH 27, 2015 2323 The Senate Committee on Finance offered the following substitute to HB 202: A BILL TO BE ENTITLED AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to modify certain provisions relating to tax executions; to provide a definition; to change the timing of the sale of tax executions; to change certain provisions regarding the publication of ad valorem tax rates; to change certain provisions relating to interest on unpaid ad valorem taxes; to change certain provisions regarding penalties for certain incomplete or improper tax digests; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to change certain provisions relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal; to repeal certain provisions regarding unreturned property in counties having a population of 600,000 or more; to change certain provisions relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner; to change certain provisions relating to the annual notice of current assessment; to provide a cause of action for failure to provide requested information; to revise substantially certain provisions relating to county boards of equalization and ad valorem tax appeals; to provide for an appeal administrator and to specify powers, duties, and functions; to repeal and reenact certain provisions regarding arbitration appeals and court appeals of ad valorem taxes; to change certain provisions relating to examination of county tax digests by the state revenue commissioner and provide that certain assessments and penalties shall not apply during a specified period of time; to change certain provisions relating to the levy and collection of tax by municipalities for independent school systems; to change certain provisions relating to the issuance of mobile home location permits; to provide for increased criminal penalties for failure to attach and display certain mobile home decals; to change certain provisions relating to mobile home tax returns and decal application and issuance; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for related matters; to provide for 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 subsection (e) of Code Section 48-3-3, relating to issuance of tax executions, as follows: 2324 JOURNAL OF THE SENATE "(e)(1)(A) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of tax assessors. The bills or notices shall be mailed to the address of record as found in the county board of tax assessors' records. (B)(i) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving tax bills or subsequent delinquent notices via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail such tax bill or subsequent delinquent notice to the address of record as found in the county board of tax assessors' records. (ii) The commissioner shall develop and make available to tax commissioners a suitable form for use by taxpayers in exercising the option to receive tax bills or subsequent delinquent notices via electronic transmission. (2) A new purchaser of property owner shall not be required to pay the interest specified in Code Section 48-2-40, or the penalty specified in Code Section 48-2-44, until 60 days after the tax collector or tax commissioner has forwarded a tax bill to the new purchaser owner in accordance with paragraph (1) of this subsection. This paragraph shall apply only to the tax bill applicable to the year in which the property was purchased." SECTION 2. Said title is further amended in Code Section 48-5-32, relating to publication of ad valorem tax rates, by revising subsection (b) as follows: "(b)(1) Each levying authority and each recommending authority shall cause a report to be published in a newspaper of general circulation throughout the county and posted on such authority's website, if available: (1)(A) At least two weeks one week prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and (2)(B) At least two weeks one week prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar year. (2) Such reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements, and such reports shall be posted in a prominent location on such authority's website, if available. The size and location of the advertisements shall not be grounds for contesting the validity of the levy." FRIDAY, MARCH 27, 2015 2325 SECTION 2A. Said title is further amended in Code Section 48-5-32.1, relating to the certification of assessed taxable value of property and method of computation, by revising paragraphs (1) and (2) of subsection (c) as follows: "(c)(1) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not may exceed the roll-back rate but does not increase the millage rate above the current rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32. (2) In those instances in which the recommending authority or levying authority proposes to establish a general maintenance and operation millage rate which would require increases beyond the roll-back rate that result in a millage rate increase above the current rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the recommending or levying authority, which shall read as follows: 'NOTICE OF PROPERTY TAX INCREASE The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). Times and places of additional public hearings on this tax increase are at (place of meeting) on (date and time). This tentative increase will result in a millage rate of (proposed millage rate) mills, an increase of (millage rate increase above the roll-back rate) mills. Without this tentative tax increase, the millage rate will be no more than (roll-back millage rate) mills. The proposed tax increase for a home with a fair market value of (average home value from previous year's digest rounded to the nearest $25,000.00) is approximately $(increase) and the proposed tax increase for nonhomestead property with a fair market value of (average nonhomestead property value from previous year's digest rounded to nearest $25,000.00) is approximately $(increase).' Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media." SECTION 3. Said title is further amended in Code Section 48-5-148, relating to interest on unpaid ad valorem taxes, by revising paragraph (3) of subsection (a) as follows: "(3) In the discretion of the tax commissioner, a taxpayer shall have the option of 2326 JOURNAL OF THE SENATE receiving notices of taxes due via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail a bill to the address of record as found in the county board of tax assessors' records. After notices of taxes due are mailed out, each Each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Code section. The time period for payment provided for by this This paragraph shall not apply in those counties in which a lesser time has been provided by law." SECTION 4. Said title is further amended in Code Section 48-5-205, relating to penalties for certain incomplete or improper tax digests, by revising subsection (a) as follows: "(a) If a tax receiver or tax commissioner fails to have his or her digest completed and deposited by August September 1 in each year, unless excused by provisions of law or by the commissioner, he such tax receiver or tax commissioner shall forfeit one-tenth of his or her commissions for each week's delay. If the delay extends beyond 30 days, such tax receiver or tax commissioner he shall forfeit one-half of his or her commissions. If the delay extends beyond the time when the Governor and commissioner fix the rate percentage, he such tax receiver or tax commissioner shall forfeit all his such tax receiver's or tax commissioner's commissions." SECTION 5. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows: "48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated FRIDAY, MARCH 27, 2015 2327 members of property appraisal staff following consultation with the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement. (b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c)(1) Any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable." SECTION 6. Said title is further amended in Code Section 48-5-299, relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal, by revising subsections (b) and (c) as follows: "(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2)(A) The provisions of paragraph (1) of this subsection to the contrary 2328 JOURNAL OF THE SENATE notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B)(2) In all cases in which unreturned personal property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year. (c) Real property, When the value of which was real property is reduced or is unchanged from the value on the initial annual notice of assessment and such valuation is established by an appeal as the result of either an appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, that has not been returned by the taxpayer at a different value during the next two successive years, the valuation so established by appeal decision or agreement may not be changed increased by the board of tax assessors during such the next two successive years, subject to the following exceptions: for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period. (1) This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value; (2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years; (3) If the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the parties during the appeal process; and (4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, and the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property." FRIDAY, MARCH 27, 2015 2329 SECTION 7. Said title is further amended by revising Code Section 48-5-302, relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner, as follows: "48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 1 15 of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments, such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval." SECTION 8. Said title is further amended in Code Section 48-5-306, relating to annual notice of current assessment, by revising division (b)(2)(A)(iii), subparagraph (b)(2)(B), and subsection (d) as follows: "(iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million $750,000.00, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $750,000.00, to a hearing officer with appeal to the superior court." "(B) The notice shall also contain the following statement statements in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'" "(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of real property: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, a description of the methodology used by the board of tax assessors in setting the property's fair market value, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information; and (3)(A) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against the board of tax assessors to enforce compliance with the provisions of this subsection. Such actions may be brought by any person, firm, corporation, or other entity. 2330 JOURNAL OF THE SENATE (B) In any action brought to enforce the provisions of this subsection in which the court determines that either party acted without substantial justification either in not complying with this subsection or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought." SECTION 9. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by revising subsections (a) through (e) and (h) through (o) and by adding new subsections to read as follows: "(a) Establishment Definition. As used in this Code section, the term 'appeal administrator' means the clerk of the superior court. (a.1) Appeal administrator. (1) The appeal administrator is vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards. (2) It shall be the duty of the appeal administrator to receive any complaint filed with respect to the official actions of any member of a county board of equalization regarding technical competency, compliance with state law and regulations, or rude or unprofessional conduct or behavior toward any member of the public and to forward such complaint to the grand jury for investigation. Following an investigation, the grand jury shall issue a written report of its findings, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The findings of the report may be grounds for removal of a member of the board of equalization by the grand jury for failure to perform the duties required under this Code section. (a.2) Establishment of boards of equalization. (1) Except as otherwise provided in this subsection, there is established in each county of the this state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (1.1) The grand jury shall be authorized to conduct a hearing following its receipt of the report of the appeal administrator under paragraph (2) of subsection (a.1) of this Code section and to remove one or more members of the board of equalization for failure to perform the duties required under this Code section. (2) Notwithstanding any part of this subsection to the contrary, at any time the FRIDAY, MARCH 27, 2015 2331 governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county members of each board of equalization may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. The appeal administrator shall have administrative authority in all matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards and scheduling of appeals. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties, and shall specify which clerk of the superior court appeal administrator shall have oversight over and supervision of such regional board, and shall provide for funding from each participating county for the operations of the appeal administrator as required by subparagraph (d)(4)(C.1) of this Code section. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications of board of equalization members. (1) Each person who is, in the judgment of the appointing grand jury, qualified and 2332 JOURNAL OF THE SENATE competent to serve as a grand juror, who is the owner of real property located in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property located in any county in the region where such person is appointed to serve, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2)(A) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of his or her appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The Council of Superior Court Clerks of Georgia created under Code Section 15-6-50.2 shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment. (B)(i) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) On or after January 1, 2016, following the completion of each term of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 20 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members. (iii) No person shall be eligible to hear an appeal as a member of a board of equalization unless, prior to hearing such appeal, such person shall satisfactorily complete the 20 hours of instruction in appraisal and equalization processes and procedures required under the applicable provisions of division (i) or (ii) of this subparagraph. (iv) The failure of any member to fulfill the requirements of the applicable provisions of division (i) or (ii) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B)(C)(i) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such a board of equalization shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by FRIDAY, MARCH 27, 2015 2333 the commissioner pursuant to Code Section 48-5-13. (ii) The failure of any member to fulfill the requirements of division (i) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment of board of equalization members. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver cause such appointees to appear before the clerk of the superior court for the purpose of taking and executing in writing the oath of office. The clerk of the superior court may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the 2334 JOURNAL OF THE SENATE date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and execute in writing before the clerk of the superior court the following oath: 'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or chief judge of the superior court or his or her designee the appeal administrator shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers of board of equalization members. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) of this Code section for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board, and a copy of the procedures shall be made available to any individual upon request. (4)(A) The clerk of the superior court appeal administrator shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of FRIDAY, MARCH 27, 2015 2335 equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and maintaining the uniform application forms and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. (B) The county governing authority shall provide any resources to the clerk of superior court appeal administrator that are required to be provided by paragraph (7) of subsection (e) of this Code section. (C) The county governing authority shall provide to the clerk of superior court appeal administrator facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section. (C.1) The operations of the appeal administrator under this Code section shall, for budgeting purposes, constitute a distinct budget unit within the county budget that is separate from the operations of the clerk of the superior court. The appeal administrator budget unit shall contain a separate line item for the compensation of the appeal administrator for the performance of duties required under this Code section as well as separate lines items for resources, facilities, and personnel as specified under subparagraphs (B) and (C) of this paragraph. (D) The clerk of superior court appeal administrator shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and from the hearings before the board of equalization and before hearing officers until for 12 months after the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court appeal administrator is authorized to properly destroy any records from the hearings before the county board of equalization or 2336 JOURNAL OF THE SENATE hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. If an appeal to the superior court is filed, the clerk of superior court appeal administrator shall file such appeal and records in the civil action that is considered open by the clerk of superior court for such appeal, and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either: (i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section; or (iv) A hearing officer as to matters of values or uniformity of assessment of one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of this Code section. (A.1) The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. Such uniform appeal form shall require the initial assertion of a valuation of the property by the taxpayer. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization, or to a hearing officer, or to arbitration as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (B.1) The taxpayer or his or her agent or representative may submit in support of his or her appeal an appraisal given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board which was performed not later than nine months prior to the date of assessment. The board of tax assessors shall consider the appraisal upon FRIDAY, MARCH 27, 2015 2337 request. Within 45 days of the receipt of the taxpayer's appraisal, the board of tax assessors shall notify the taxpayer or his or her agent or representative of acceptance of the appraisal or shall notify the taxpayer or his or her agent or representative of the reasons for rejection. (B.2) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board of tax assessors shall consider such sales ratio study upon request of the taxpayer or his or her agent or representative. (B.3) Any assertion of value by the taxpayer on the uniform appeal form made to the board of tax assessors shall be subject to later amendment or revision by the taxpayer by submission of written evidence to the board of tax assessors. (B.4) If more than one property of a taxpayer is under appeal, the board of equalization, arbitrator, or hearing officer, as the case may be, shall, upon request of the taxpayer, consolidate all such appeals in one hearing and shall announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated hearing to the superior court as provided in subsection (g) of this Code section shall constitute a single civil action and, unless the taxpayer specifically so indicates in the taxpayer's notice of appeal, shall apply to all such parcels or items of property. (B.5) Within ten days of a final determination of value under this Code section and the expiration of the 30 day appeal period provided by subsection (g) of this Code section, or, as otherwise provided by law, with no further option to appeal, the county board of tax assessors shall forward such final determination of value to the tax commissioner. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer and the county board of tax assessors. The clerk of the superior court appeal administrator shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown, or by agreement of the parties. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. The commissioner shall publish and update annually a manual for use by county boards of equalization, arbitrators, and hearing officers. 2338 JOURNAL OF THE SENATE (2)(A) Appeal to board of equalization. An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to, or by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer, to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent, and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The commissioner shall develop and make available to county boards of tax assessors a suitable form which shall be used in such notification to the taxpayer. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an notify the county board of tax assessors to continue the taxpayer's appeal to the county board of tax assessors equalization by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county FRIDAY, MARCH 27, 2015 2339 board of tax assessors a written notice of appeal continuance. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization. (3)(A) In any each year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination review the appeal and notify the taxpayer of any corrections or changes within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or the sum of the current assessed value of the parcels under appeal is equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. The county board of tax assessors shall notify each affected taxpayer of the additional 180 day review period provided in this subparagraph by mail or electronic communication, including posting notice on the website of the county board of tax assessors if such a website is available. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to review the appeal and notify the taxpayer of any corrections or changes not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors if such a website is available. If the county board 2340 JOURNAL OF THE SENATE of tax assessors fails to make its review and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on the taxpayer's notice of appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to require additional training or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent by first-class mail to the taxpayer and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail or intergovernmental mail. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party, which shall be provided to the requesting party not less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witness, documents, or other written evidence. A taxpayer may appear before the board of equalization concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board of equalization the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, FRIDAY, MARCH 27, 2015 2341 and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D)(i) The board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and 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 tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on 2342 JOURNAL OF THE SENATE valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial 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) For the purposes of this Code section, any final value that causes a reduction 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 with interest, as provided in subsection (m) of this Code section. (III) 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 provided in subsection (m) of this Code section. (7) The clerk of the superior court appeal administrator shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the superior court appeal administrator shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (9)(8) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. FRIDAY, MARCH 27, 2015 2343 (e.1) Appeals to hearing officer. (1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection. (B)(i) As used in this subparagraph, the term 'wireless property' means tangible personal property or equipment used directly for the provision of wireless services by a provider of wireless services which is attached to or is located underneath a wireless cell tower or at a network data center location but which is not permanently affixed to such tower or data center so as to constitute a fixture. (ii) For any dispute involving the values or uniformity of one or more account numbers of wireless property as defined in this subparagraph with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board for real property appeals or are designated appraisers by a nationally recognized appraiser's organization for wireless property appeals shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The clerk of the superior court appeal administrator shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property or wireless property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property or wireless property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board 2344 JOURNAL OF THE SENATE of tax assessors, the board shall notify the taxpayer in writing of such changes. If within Within 30 days of the county board of tax assessors' mailing of such notice, the taxpayer notifies may notify the county board of tax assessors in writing that such the changes or corrections made by the county board of tax assessors are not acceptable, in which case, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver the notice of appeal and all necessary papers to the clerk of the superior court appeal administrator and mail a copy to the taxpayer or, alternatively, forward the appeal to the board of equalization if so elected by the taxpayer and such election is included in the taxpayer's notification that the changes are not acceptable. If, after review, the county board of tax assessors determines that no changes or corrections are warranted, the county board of tax assessors shall notify the taxpayer of such decision. The taxpayer may elect to forward the appeal to the board of equalization by notifying the county board of tax assessors within 30 days of the mailing of the county board of tax assessor's notice of no changes or corrections. Upon the expiration of 30 days following the mailing of the county board of tax assessors' notice of no changes or corrections, the county board of tax assessors shall certify the notice of appeal and send or deliver all necessary papers to the appeal administrator for the appeal to the hearing officer, or board of equalization if elected by the taxpayer, and mail a copy to the taxpayer. (6)(A) The clerk of superior court appeal administrator shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. The appeal administrator shall notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the appeal administrator, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the appeal administrator shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section and the county board of tax assessors of the transmittal of such appeal. FRIDAY, MARCH 27, 2015 2345 (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property or wireless property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall either send the taxpayer both parties the decision in writing or deliver the decision by hand to each party, with written receipt. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised,: the appeal shall terminate as of the date of such signed agreement; and the fair market value as set forth in such agreement shall become final; and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (9.1) The provisions contained in this subsection may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties with the consent of the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of the superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; an annual continuing education requirement of at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the commissioner; and any other matters necessary to the proper administration of this subsection. The failure of any hearing 2346 JOURNAL OF THE SENATE officer to fulfill the requirements of this paragraph shall render such officer ineligible to serve. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (12) If the county's tax bills are issued before the hearing officer has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (13) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section." "(h) Recording of interviews or hearings. (1) In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to: make recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (A) Have an interview with any officer or employee of the board of tax assessors relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, and the taxpayer may record the interview at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee of the board of tax assessors may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview; and (B) Record, at the taxpayer's expense and with equipment provided by the taxpayer, all proceedings before the board of equalization or any hearing officer. (2) The interview referenced in subparagraph (A) of this paragraph shall be granted to the taxpayer within 20 business days from the taxpayer's written request for the interview, and the interview shall be conducted in the office of the board of assessors. The time and date for the interview, within such 20 business day period, shall be mutually agreed upon between the taxpayer and the taxing authority. (3) The superior courts of this state shall have jurisdiction to enforce the provisions of this subsection directly and without the issue being first brought to any administrative procedure or hearing. The taxpayer shall be awarded damages in the amount of $500.00 per occurrence where the taxpayer requested the interview, in compliance with this subsection, and the board of assessors failed to timely comply; and, the taxpayer shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred in any action brought to compel such interview. (i) Alternate members of boards of equalization. (1) Alternate members of the county board of equalization in the order in which selected shall serve: FRIDAY, MARCH 27, 2015 2347 (1)(A) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; or (2)(B) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or for which an alternate member is selected for service by the appeal administrator. (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (2) A hearing panel shall consist of no more than three members at any time, one of whom shall serve as the presiding member for the purpose of the hearing. (j) Disqualification. (1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(1)(D) of this Code section. Answers of the county board of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation of board of equalization members. (1) Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection paragraph shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals or attending approved 2348 JOURNAL OF THE SENATE appraisal courses. (2) Each member of the county board of equalization who participates in online training provided by the department shall be compensated by the county at the rate of $25.00 per day for each eight hours of completed training. A member shall certify under oath and file an affidavit with the appeal administrator stating the number of hours required to complete such training and the number of hours which were actually completed. The appeal administrator shall review the affidavit and, following approval thereof, shall notify the county governing authority. The Council of Superior Court Clerks of Georgia shall develop and make available an appropriate form for such purpose. Compensation pursuant to this paragraph shall be paid from the county treasury following approval of the appeal administrator of the affidavit filed under this paragraph. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in paragraph (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period, any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Interest. (1) For the purposes of this Code section, any final value that causes a deduction reduction 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 482-35 which shall accrue from November 15 the due date of the taxable year in question or the date the final installment was due or was paid, whichever is later, through the date on which the refund is paid or 60 days from the date of the final determination of value was made, whichever is earlier. In no event shall the amount of such interest exceed $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. (2) 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 FRIDAY, MARCH 27, 2015 2349 interest shall accrue from November 15 of the taxable year in question or the final installment of the tax was due through the date on which 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 from the original billing due date as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the annual notice of current assessment under Code Section 48-5-306 to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. (o) When a taxpayer authorizes an agent, representative, or attorney in writing to act on the taxpayer's behalf, and a copy of such written authorization is provided to the county board of tax assessors, all notices required to be provided to the taxpayer under this Code section, including those regarding hearing times, dates, certifications, notice of changes or corrections, or other official actions, shall instead be provided to such the taxpayer and the authorized agent, representative, or attorney. Upon agreement by the county board of tax assessors and the taxpayer's agent, representative, or attorney, notices required by this Code section to be sent to the taxpayer or the taxpayer's agent, representative, or attorney may be sent by e-mail. The failure to comply with this subsection with respect to a notice required under this Code section shall result in the tolling of any deadline imposed on the taxpayer under this Code section with respect to that notice." SECTION 9A. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by repealing and reenacting subsections (f) and (g) and by adding a new subsection to read as follows: 2350 JOURNAL OF THE SENATE "(f) Nonbinding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to nonbinding arbitration in accordance with this subsection. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal and a notice that the taxpayer shall, within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, provide to the county board of tax assessors for consideration a copy of a certified appraisal. Failure of the taxpayer to provide such certified appraisal within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of the acknowledgment of the receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the county board of tax assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the county board of tax assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, in which case the county board of tax assessors shall certify within 45 days the appeal to the appeal administrator of the county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within 45 days after the receipt of the certified appraisal, then the certified appraisal shall become the final value. All papers and information certified to the appeal administrator shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, if any, or employee with a FRIDAY, MARCH 27, 2015 2351 copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal, if any. Within 15 days of filing the certification to the appeal administrator, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (C) The arbitration shall be conducted pursuant to the following procedure: (i) The county board of tax assessors shall, at the time the appeal is certified to the appeal administrator under subparagraph (A) of this paragraph, provide to the taxpayer a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer and the county board of tax assessors. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator may be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer and the county board of tax assessors. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to 2352 JOURNAL OF THE SENATE proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the fair market value of the property subject to nonbinding arbitration; (viii) In order to determine the fair market value, the arbitrator may consider the final value for the property submitted by the county board of tax assessors at the hearing and the final value submitted by the taxpayer at the hearing. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) The arbitrator shall consider the final value submitted by the county board of tax assessors, the final value submitted by the taxpayer, and evidence supporting the values submitted by the county board of tax assessors and the taxpayer. The arbitrator shall determine the fair market value of the property under appeal. The arbitrator shall notify both parties of the decision verbally and shall either send both parties the decision in writing or deliver the decision by hand to each party, with written receipt; (x) If the taxpayer's value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the fees and costs of such arbitrator. If the value of the board of tax assessors is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (4) If the county's tax bills are issued before an arbitrator has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (5) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization, hearing officer, or arbitrator, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county FRIDAY, MARCH 27, 2015 2353 board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization, arbitrator, or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's notice of appeal and before certification of the appeal to the superior court, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee, if any, required by the clerk of the superior court. The taxpayer may exercise a one-time option to reschedule the settlement conference to a different date and time acceptable to the taxpayer, but in no event later than 30 days from the date of the notice. If at the end of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the appeal is settled in superior court. If at the conclusion of the settlement conference the parties reach an agreement, the settlement value shall be entered in the records of the county board of tax assessors as the fair market value for the tax year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement conference the parties cannot agree on a fair market value, then written notice shall be provided to the taxpayer that the filing fees must be paid by the taxpayer to the clerk of the superior court within ten days of the date of the conference, with a copy of the check delivered to the county board of tax assessors. Notwithstanding any other provision of law to 2354 JOURNAL OF THE SENATE the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. An appeal under this subsection shall not be subject to any other fees or additional costs otherwise required under any provision of Title 15 or under any other provision of law. Immediately following payment of such $25.00 filing fee by the taxpayer to the clerk of the superior court, the clerk shall remit the proceeds thereof to the governing authority of the county which shall deposit the proceeds into the general fund of the county. Within 30 days of receipt of proof of payment to the clerk of the superior court, the county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the board of tax assessors is unreasonable and authorize the determination of the final value of the property. (4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court. (B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county. (ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as FRIDAY, MARCH 27, 2015 2355 to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (g.1) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation, unless otherwise waived in writing by both parties, as to: (1) The valuation established or announced by any county board of equalization, arbitrator, hearing officer, or superior court; and (2) Any written agreement or settlement of valuation reached by the county board of tax assessors and the taxpayer as permitted by this Code section." SECTION 10. Said title is further amended in Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratio, by revising paragraph (1) of subsection (a) and by adding a new subsection to read as follows: "(a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, including the number, overall value and percentage of total real property parcels of appeals in each county to the boards of equalization, arbitration, hearing officer, and superior court, and the number of taxpayers' failure to appear at any hearing, for the prior tax year, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. All statistics and certifications regarding real property appeals provided to the commissioner under this paragraph shall be made publicly available on the Department of Revenue website." "(c) Beginning with tax digests on or after the effective date of this subsection, no county shall be subject to the assessment authorized by subparagraph (b) of this Code section." SECTION 11. Said title is further amended by revising subsection (a) of Code Section 48-5-405, relating to the levy and collection of tax by municipalities for independent school systems, as follows: "(a) Each municipality authorized by law to maintain an independent school system may support and maintain the public common schools within the independent school system by levy of ad valorem taxes at the rate fixed by law upon all taxable property 2356 JOURNAL OF THE SENATE within the limits of the municipality independent school system. The board of education of the municipality or other authority charged with the duty of operating the independent school system shall annually recommend to the governing authority of the municipality the rate of the tax levy, within the limitations fixed by law, to be made upon all taxable property within the limits of the municipality independent school system. Taxes levied and collected for support and maintenance of the independent school system by the municipal governing authority shall be appropriated, when collected, by the governing authority to the board of education or other authority charged with the duty of operating the independent school system. Funds appropriated to an independent school system shall be expended by the board of education or other authority charged with the duty of operating the independent school system only for educational purposes including, but not limited to, school lunch purposes. The term 'school lunch purposes' shall include payment of costs and expenses incurred in the purchase of school lunchroom supplies; the purchase, replacement, or maintenance of school lunchroom equipment; the transportation, storage, and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of the independent school system. 'School lunch purposes' shall not include the purchase of foods." SECTION 12. Said title is further amended by revising Code Section 48-5-492, relating to issuance of mobile home location permits, as follows: "48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner." SECTION 13. Said title is further amended in Code Section 48-5-493, relating to penalties for failure to attach and display certain decals, by revising paragraph (2) of subsection (a) as follows: FRIDAY, MARCH 27, 2015 2357 "(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 $100.00 nor more than $200.00 $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00 $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00." SECTION 14. Said title is further amended by revising Code Section 48-5-494, relating to mobile home tax returns and decal application and issuance, as follows: "48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May April 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation." SECTION 15. Said title is further amended in Code Section 48-6-2, relating to real estate transfer tax exemptions, by revising subsection (b) as follows: "(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown for real and personal property conveyed shall be shown on the form prescribed in subsection (c) of Code Section 48-6-4." SECTION 16. Said title is further amended in Code Section 48-6-4, relating to real estate transfer tax payment as certain filing prerequisites, by revising subsections (a), (b), and (c) as follows: "(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the actual consideration of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the actual consideration of real 2358 JOURNAL OF THE SENATE and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the actual consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the actual consideration shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded." SECTION 17. (a) Section 9A, Section 11, this section, and Section 18 of this Act shall become effective on July 1, 2015. (b) Section 10 of this Act shall become effective on January 1, 2017. (c) The remaining sections of this Act shall become effective on January 1, 2016, and Sections 6 and 9 of this Act shall be applicable to all appeals filed on or after such date. SECTION 18. 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 Honorable Jack Hill, Chairman Senate Appropriations Committee 234 State Capitol Atlanta, Georgia 30334 April 2, 2015 FRIDAY, MARCH 27, 2015 2359 SUBJECT: Fiscal Note House Bill 202 Substitute (LC 34 4688ER-ECS) Dear Chairman Hill: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: The bill would allow the manufacturing headquarters of a vehicle manufacturer located in the state to acquire manufacturer dealer plates for a period of up to 24 months for a single vehicle. This provision would mean that no TAVT would be paid on these vehicles during this period. The manufacturer would pay an application fee of $62 for each vehicle and a fee of $12 for each plate. The estimate for this provision assumes that the manufacturer's headquarters has 1,000 employees that could seek access to these vehicles. It is further assumed that approximately 60% of these employees would gain access to such vehicle for a period of24 months. and that these vehicles are placed with employees at regular intervals so that the 600 total vehicles are spread equally over a two year period. It is assumed that the manufacturer's retail price of these vehicles is $60,000 representing the taxable value of the vehicle. Given the TAVT rate of 7%, the total TAVT revenue loss associated with 300 similar vehicles would be $1,260,000. In FY 2016, the state share of this revenue loss would be $683,550 while the local revenue loss would be $576,450. This split would shift over time as the state and local TAVT revenue shares change. In FY 2017, the state revenue loss would be $614,250 while the local revenue loss would be $645,750. In FY 2018, state revenue loss would be $529,200 while the local revenue loss would be $730,800. There would be a slight offset from these losses due to the application fee and plate fee. These fees would be expected to generate $22,200 per year based on the assumptions used to estimate the TAVT revenue loss from this provision. In addition, this bill would create an exemption from sales taxes for purchases made by Truett McConnell College for the period July 1, 2015, to June 30, 2016. The exemption would be capped at $350,000 per year. Form 990 data filed for tax year 2012 by the institution was used to estimate the revenue loss from this proposed exemption. The College had total expenses of $14.5 million including personnel costs. The expenditures on items likely to be subject to sales tax and affected by this exemption totaled $3.8 million. Thus, the expected state revenue loss based on this data would be $152,000 in FY 2016. The exemption would then sunset so there would be no state revenue loss in subsequent fiscal years. 2360 JOURNAL OF THE SENATE The cap would ensure that the revenue loss would not exceed $350,000. Based on the combined local sales tax rates imposed in White County, the expected local revenue loss would be $114,000 in FY 2016. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane Y Davenport Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 202, having received the requisite constitutional majority, was passed by substitute. FRIDAY, MARCH 27, 2015 2361 The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 202. Had I been present, I would have voted YES. /s/ Bill Cowsert District 46 Senator Harper of the 7th was excused for business outside the Senate Chamber. HB 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Insurance and Labor offered the following substitute to HB 439: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to seed-capital funds, so as to establish the Invest Georgia Tax Credit; to provide a short title, to provide definitions; to authorized the board to sell tax credits; to set limits for sell of tax credits; to provide for certain allocations of tax 2362 JOURNAL OF THE SENATE credits; to provide for reporting of present value; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows: "33-1-24. (a) This Code section shall be known and may be cited as the 'Georgia New Markets Jobs Act.' (b) As used in this Code section, the term: (1) 'Affiliate' means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the entity specified. (2) 'Applicable percentage' means 0 percent for the first two credit allowance dates and 11 percent for the next five credit allowance dates. (3) 'Credit allowance date' means with respect to any qualified equity investment: (A) The date on which such investment is initially made; and (B) Each of the six anniversary dates of such date thereafter. (4) 'Department' means the Department of Community Affairs. (5) 'Invest Georgia Fund' means the fund created under the provisions of Article 2 of Chapter 10 of Title 10. (6) 'Letter ruling' means a written interpretation of law to a specific set of facts provided by the applicant requesting a letter ruling. (7) 'Long-term debt security' means any debt instrument issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least seven years from the date of its issuance, with no acceleration of repayment, amortization, or prepayment features prior to its original maturity date. The qualified community development entity that issues the debt instrument may not make cash interest payments on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as defined by regulations adopted under Section 45D of the Internal Revenue Code of 1986, as amended, of the qualified community development entity for that period prior to giving effect to the expense of such cash interest payments. The foregoing shall in no way limit the holder's ability to accelerate payments on the debt instrument in situations where the qualified community development entity has defaulted on covenants designed to ensure compliance with this Code section or Section 45D of the Internal Revenue Code of 1986, as amended. (8) 'Purchase price' means the amount paid to the qualified community development FRIDAY, MARCH 27, 2015 2363 entity that issues the qualified equity investment for such qualified equity investment. (9) 'Qualified active low-income community business' shall have the same meaning given such term in Section 45D of the Internal Revenue Code of 1986, as amended, and 26 C.F.R. Section 1.45D-1 but is limited to those businesses, including affiliates of such businesses, that have fewer than 250 employees and not more than $10 million in net income in the previous year at the time the qualified low-income community investment is made, provided that the employees and net income of affiliates of the business shall not be aggregated for purposes of satisfying this requirement if the affiliate business is classified under a different North American Industry Classification system code. A business shall be considered a qualified active low-income community business for the duration of the qualified community development entity's investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the size and net income standards, throughout the entire period of the investment or loan. Such term excludes any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business: (A) does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate and (B) is the primary tenant of the real estate leased from the first business. (10) 'Qualified community development entity' shall have the same meaning given such term in Section 45D of the Internal Revenue Code of 1986, as amended, provided that such entity has entered into, for the current year or any prior year, an allocation agreement with the Community Development Financial Institutions Fund of the United States Treasury Department with respect to credits authorized by Section 45D of the Internal Revenue Code of 1986, as amended, which includes the State of Georgia within the service area set forth in such allocation agreement. Such term shall include subsidiary community development entities of any such qualified community development entity. (11) 'Qualified equity investment' means any equity investment in, or long-term debt security issued by, a qualified community development entity that: (A) Is acquired after the effective date of this Code section at its original issuance solely in exchange for cash; (B) Has at least 85 percent of its cash purchase price used by the qualified community development entity to make qualified low-income community investments in qualified active low-income community businesses located in this state by the first anniversary of the initial credit allowance date; and (C) Is designated by the qualified community development entity as a qualified equity investment under this paragraph and is certified by the department as not exceeding the limitation contained in subsection (g) of this Code section. Such term shall include any qualified equity investment that does not meet the provisions of subparagraph (A) of this paragraph if such investment was a qualified 2364 JOURNAL OF THE SENATE equity investment in the hands of a prior holder. (12) 'Qualified low-income community investment' means any capital or equity investment in, or loan to, any qualified active low-income community business; but, with respect to any one qualified active low-income community business, the maximum amount of qualified low-income community investments made in such business, on a collective basis with all of the businesses' affiliates, with the proceeds of qualified equity investments certified pursuant to subsection (f) of this Code section is $4 million, exclusive of qualified low-income community investments made with repaid or redeemed qualified low-income community investments or interest or profits realized thereon. (13) 'State tax liability' means any liability incurred by any entity under Code Sections 33-3-26, 33-8-4, 48-7-27, and 48-7-31, or, if the tax liability under Code Sections 33-3-26 and 33-8-4 is eliminated or reduced, the term shall also mean any tax liability imposed on an insurance company or other person that had premium tax liability under the laws of this state. (c) Any entity that makes a qualified equity investment earns a vested right to credit against the entity's state tax liability. (d) Any entity that makes a qualified equity investment earns a vested right to credit against the entity's state tax liability on a tax report filed under this Code section and may utilize such credit as follows: (1) On each credit allowance date of such qualified equity investment, the entity, or subsequent holder of the qualified equity investment, shall be entitled to utilize a portion of such credit during the taxable year, including such credit allowance date; (2) The credit amount shall be equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the qualified community development entity; and (3) The amount of the credit claimed by an entity shall not exceed the amount of such entity's state premium tax liability for the tax year for which the credit is claimed. Any amount of tax credit that the entity is prohibited from claiming in a taxable year as a result of this Code section may be carried forward for use in any subsequent taxable year. (e) No tax credit claimed by an entity that makes a qualified equity investment under this Code section shall be refundable or saleable on the open market. Tax credits earned by or allocated to a partnership, limited liability company, or S-corporation may be allocated to the partners, members, or shareholders of such entity for their use in accordance with the provisions of any agreement among such partners, members, or shareholders. Such allocation shall be not considered a sale for purposes of this Code section. (f)(1) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment that is eligible for tax credits under this Code section shall apply to the department. The department shall begin accepting applications on August 1, 2015. The qualified community development entity shall include the following: FRIDAY, MARCH 27, 2015 2365 (A) Evidence of the applicant's certification as a qualified community development entity, including evidence of the service area of the entity that includes this state; (B) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (C) A certificate executed by an executive officer of the applicant: (i) attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund and (ii) stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund and by other state or states under their New Markets programs; (D) A description of the proposed amount, structure, and purchaser of the qualified equity investment; (E) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program. Applicants are not required to identify qualified active low-income community businesses in which they will invest when submitting an application; (F) A nonrefundable application fee of $5,000.00. This fee shall be paid to the department and shall be required of each application submitted; (G) The refundable performance fee required by paragraph (1) of subsection (j) of this Code section; and (H) The amount of qualified equity investment authority the applicant agrees to designate as a federal qualified equity investment under Section 45D, Internal Revenue Code, including a copy of the screen from the Community Development Financial Institutions Funds' Allocation Tracking System of the applicant's remaining federal qualified equity investment authority or a copy of the Notice of Allocation setting forth the amount of federal qualified equity investment authority from the Community Development Financial Institution Fund in the event the allocation agreement governing such allocation has not been finalized. (2) A qualified community development entity, on an aggregate basis with all of its subsidiary qualified community development entities, may not apply to have equity investments or long-term debt instruments designated as qualified equity investments under this subsection in excess of the total amount of allocations awarded to such applicant and its subsidiary qualified community development entities by the Community Development Financial Institutions Fund under Section 45D of the Internal Revenue Code of 1986, as amended, and by any other state or states under their New Markets programs. (3) Within 30 days after receipt of a completed application containing the information set forth in paragraph (1) of this subsection, including the payment of the application fee and the refundable performance fee, the department shall grant or deny the application in full or in part. If the department denies any part of the application, it shall inform the qualified community development entity of the grounds for the denial. If the qualified community development entity provides any additional 2366 JOURNAL OF THE SENATE information required by the department or otherwise completes its application within 15 business days of the notice of denial, the application shall be considered completed as of the original date of submission. If the qualified community development entity fails to provide the information or complete its application within the 15 business day period, the application shall remain denied and must be resubmitted in full with a new submission date. (4) If the application is complete, the department shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for tax credits under this Code section, subject to the limitations contained in paragraph (5) of this subsection. The department shall provide written notice of the certification to the qualified community development entity. The notice shall include the names of those entities who will earn the credits which may be further allocated pursuant to subsection (e) of this Code section and their respective credit amounts. If the names of the entities that are eligible to utilize the credits change due to a transfer of a qualified equity investment authority under paragraph (6) of this subsection or an allocation pursuant to subsection (e) of this Code section, the qualified community development entity shall notify the department of such change. (5) The department shall certify qualified equity investments in the order applications are received by the department. Applications received on the same day shall be deemed to have been received simultaneously. For applications that are complete and received on the same day, the department shall certify, consistent with remaining qualified equity investment capacity, qualified equity investments for applicants as follows: (A) First, the department shall certify applications by applicants that agree to designate qualified equity investments as federal qualified equity investments in accordance with subparagraph (H) of paragraph (1) of this subsection in proportionate percentages based upon the ratio of the amount of qualified equity investments requested in an application to be designated as federal qualified equity investments to the total amount of qualified equity investments to be designated as federal qualified equity investments requested in all applications received on the same day. (B) After complying with subparagraph (A) of this paragraph, the department shall certify the qualified equity investments of all other applicants, including the remaining qualified equity investment authority requested by applicants not designated as federal qualified equity investments in accordance with subparagraph (A) of this paragraph, in proportionate percentages based upon the ratio of the amount of qualified equity investments requested in the applications to the total amount of qualified equity investments requested in all applications received on the same day. A partial certification shall not decrease the amount of the refundable performance fee required by paragraph (1) of subsection (j) of this Code section. (6) An approved applicant may transfer all or a portion of its certified qualified equity investment authority to its controlling entity or any subsidiary qualified FRIDAY, MARCH 27, 2015 2367 community development entity of the controlling entity, provided that the applicant provides the information required in the application with respect to such transferee and the applicant notifies the department of such transfer within 30 days of the transfer. The department shall acknowledge such transfer if requested by the approved applicant. (7) Within 30 days of the applicant receiving notice of certification, the qualified community development entity or any transferee under paragraph (6) of this subsection shall issue the qualified equity investment, receive cash in the certified amount, and, if applicable, designate the required amount of qualified investment authority as a federal qualified equity investment. The qualified community development entity or transferee under paragraph (6) of this subsection must provide the department with evidence of the receipt of the cash investment within ten business days after receipt. If the qualified community development entity or any transferee under paragraph (6) of this subsection does not receive the cash investment, does not issue the qualified equity investment within 30 days following receipt of the certification notice, or, if applicable, does not designate the required amount of qualified investment authority as a federal qualified equity investment, the certification shall lapse and the entity may not issue the qualified equity investment without reapplying to the department for certification. Lapsed certifications revert back to the department and shall be reissued; first, pro rata to applicants whose qualified equity investment allocations were reduced under subparagraph (A) of paragraph (5) of this subsection; second, pro rata to other applicants whose qualified equity investment allocations were reduced under paragraph (5) of this subsection; and, thereafter, in accordance with application process. (8) A qualified community development entity that issues qualified equity investments must notify the department of the names of the entities that are eligible to utilize tax credits pursuant to subsection (e) of this Code section. (g) Notwithstanding anything to the contrary in this Code section, a total of $100 million in qualified equity investments shall be certified. If a pending request made pursuant to subsection (f) of this Code section cannot be fully certified due to this limit, the department shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification. (h)(1) The department shall recapture from the entity that claimed the credit on a return the tax credit allowed under this Code section if: (A) Any amount of a federal tax credit available with respect to a qualified equity investment that is eligible for a credit under this Code section is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended. In such case, the department's recapture shall be proportionate to the federal recapture with respect to such qualified equity investment; (B) The qualified community development entity redeems or makes principal repayment with respect to a qualified equity investment prior to the seventh anniversary of the issuance of such qualified equity investment. In such case, the 2368 JOURNAL OF THE SENATE department's recapture shall be proportionate to the amount of the redemption or repayment with respect to such qualified equity investment; (C) The qualified community development entity fails to invest an amount equal to 85 percent of the purchase price of the qualified equity investment in qualified lowincome community investments in Georgia within 12 months of the issuance of the qualified equity investment and maintain at least 85 percent of such level of investment in qualified low-income community investments in Georgia until the last credit allowance date for the qualified equity investment. For purposes of this Code section, an investment shall be considered held by a qualified community development entity even if the investment has been sold or repaid if the qualified community development entity reinvests an amount equal to the capital returned to or recovered by the qualified community development entity from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months of the receipt of such capital. Periodic amounts received as repayment of principal pursuant to regularly scheduled amortization payments on a loan that is a qualified low-income community investment shall be treated as continuously invested in a qualified low-income community investment if the amounts are reinvested in one or more qualified lowincome community investments by the end of the following calendar year. A qualified community development entity shall not be required to reinvest capital returned from qualified low-income community investments after the sixth anniversary of the issuance of the qualified equity investment, the proceeds of which were used to make the qualified low-income community investment, and the qualified low-income investment community shall be considered held by the qualified community development entity through the seventh anniversary of the qualified equity investment's issuance; (D) Any distribution or debt payment in violation of paragraph (1) of subsection (m) of this Code section; or (E) Any violation of subsection (n), (o), or (p) of this Code section. (2) Recaptured or returned tax credits and the related qualified equity investment authority revert back to the department and shall be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced under paragraph (5) of subsection (f) of this Code section and, thereafter, in accordance with the application process. (i) Enforcement of each of the recapture provisions in subsection (h) of this Code section shall be subject to a six-month cure period. No recapture shall occur until the qualified community development entity shall have been given notice of noncompliance and afforded six months from the date of such notice to cure the noncompliance. (j)(1) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this subsection shall pay a fee in the amount one-half of 1 percent of the amount of the equity investment or long-term debt security requested FRIDAY, MARCH 27, 2015 2369 to be designated as a qualified equity investment to the department for deposit in the New Markets Performance Guarantee Account, which is hereby established. The entity shall forfeit the fee in its entirety without the benefit of subsection (i) of this Code section if: (A) The qualified community development entity and its subsidiary qualified community development entities fail to issue the total amount of qualified equity investments certified by the administrator and receive cash in the total amount certified under paragraph (5) of subsection (f) of this Code section; or (B) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subsection fails to make qualified low-income community investments in qualified active low-income community businesses in this state equal to at least 85 percent of the purchase price of the qualified equity investment in compliance with subsection (p) of this Code section by the second credit allowance date of such qualified equity investment. (2) The fee required under paragraph (1) of this subsection shall be paid to the department and held in the New Markets Performance Guarantee Account until such time as compliance with the provisions of this subsection shall have been established. The qualified community development entity may request a refund of the fee from the department no sooner than 30 days after the qualified community development entity and all transferees under paragraph (6) of subsection (f) of this Code section having invested 85 percent of the purchase price of qualified equity investments issued by the qualified community development entity and such transferees by the second credit allowance date in compliance with subsection (p) of this Code section. The state treasurer shall have 30 days to comply with such request or give notice of noncompliance. (k)(1) The department shall issue letter rulings regarding the tax credit program authorized under this Code section, subject to the terms and conditions set forth in this Code section. (2) The department shall respond to a request for a letter ruling within 60 days of receipt of such request. The applicant may provide a draft letter ruling for the department's consideration. The applicant may withdraw the request for a letter ruling, in writing, prior to the issuance of the letter ruling. The department may refuse to issue a letter ruling for good cause but must list the specific reasons for refusing to issue the letter ruling. Good cause includes, but is not limited to: (A) The applicant requests the department to determine whether a statute is constitutional or a regulation is lawful; (B) The request involves a hypothetical situation or alternative plans; (C) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (D) The issue is currently being considered in a rule-making procedure, contested case, or other agency or judicial proceeding that may resolve the issue. (3) Letter rulings shall bind the department and the department's agents and their 2370 JOURNAL OF THE SENATE successors until such time as the entity or its shareholders, members, or partners, as applicable, claim all of such credits on a Georgia tax return or report, subject to the terms and conditions set forth in properly published regulations. The letter ruling shall apply only to the applicant. (4) In rendering letter rulings and making other determinations under this Code section, to the extent applicable, the department, the Department of Revenue, and the Commissioner shall look for guidance to Section 45D of the Internal Revenue Code of 1986, as amended, and the rules and regulations issued thereunder. (l)(1) An entity claiming a credit under this Code section is not required to pay any additional retaliatory tax levied under Code Section 33-3-26 as a result of claiming that credit. (2) In addition to the exclusion in paragraph (1) of this subsection, an entity claiming a credit under this Code section shall not be required to pay any additional tax that may arise as a result of claiming that credit. (m)(1) Once certified under paragraph (4) of subsection (f) of this Code section, a qualified equity investment shall not be decertified unless all of the requirements of paragraph (2) of this subsection have been met. Until all qualified equity investments issued by a qualified community development entity are decertified under this subsection, the qualified community development entity shall not be entitled to distribute to its equity holders or make cash payments on long-term debt securities that have been designated as qualified equity investments in an amount that exceeds the sum of: (i) the cumulative operating income, as defined by regulations adopted under Section 45D of the Internal Revenue Code of 1986, as amended, earned by the qualified community development entity since issuance of the qualified equity investment, prior to giving effect to any expense from the payment of interest on long-term debt securities designated as qualified equity investments, and (ii) 50 percent of the purchase price of the qualified equity investments issued by the qualified community development entity. (2) To be decertified, a qualified equity investment shall: (A) Be beyond its seventh credit allowance date; (B) Have been in compliance with subsection (h) of this Code section up through its seventh credit allowance date, including any cures under subsection (i) of this Code section; and (C) Have had its proceeds invested in qualified low-income community investments such that the total qualified low-income community investments made, cumulatively including reinvestments, exceeds 150 percent of its qualified equity investment. (3) A community development entity that seeks to have a qualified equity investment decertified under this subsection shall send notice to the department of its request for decertification along with evidence supporting the request. The provisions of subparagraph (B) of paragraph (2) of this subsection shall be deemed to be met if no recapture action has been commenced by the department as of the seventh credit allowance date. Such request shall not be unreasonably denied and shall be responded FRIDAY, MARCH 27, 2015 2371 to within 30 days of receiving the request. If the request is denied for any reason, the burden of proof shall be on the department in any administrative or legal proceeding that follows. (n) No qualified community development entity shall be entitled to pay to any affiliate of such qualified community development entity any fees in connection with any activity under this subsection prior to the decertification under subsection (m) of this Code section of all qualified equity investments issued by such qualified community development entity and all transferees under paragraph (6) of subsection (f) of this Code section. The foregoing shall not prohibit a qualified community development entity from allocating or distributing income earned by it to such affiliates or from paying reasonable interest on amounts loaned to the qualified community development entity by such affiliates. (o) A qualified active low-income community business that receives a qualified lowincome community investment from a qualified community development entity that issues qualified equity investments pursuant to this chapter, or any affiliates of such a qualified active low-income community business, may not directly or indirectly: (1) Own or have the right to acquire an ownership interest in a qualified community development entity or member or affiliate of a qualified community development entity, including, but not limited to, a holder of a qualified equity investment issued by the qualified community development entity; or (2) Lend to or invest in a qualified community development entity or member or affiliate of a qualified community development entity, including, but not limited to, a holder of a qualified equity investment issued by a qualified community development entity where the proceeds of the loan or investment are directly or indirectly used to fund or refinance the purchase of a qualified equity investment hereunder. For purposes of this subsection, a qualified community development entity is not considered an affiliate of a qualified active low-income community business solely as a result of its qualified low-income community investment in the business. (p) For purposes of satisfying subparagraph (h)(1)(C) of this Code section, a qualified community development entity, together with all transferees under paragraph (6) of subsection (f) of this Code section, shall: (1) Invest an amount equal to at least 25 percent of the purchase price of all qualified equity investments issued by the qualified community development entity and such transferees in qualified active low-income community businesses located in nonmetropolitan counties in this state as identified by the Community Development Financial Institutions Fund in connection with Section 45D of the Internal Revenue Code of 1986, as amended; and (2) Maintain such level of investment set forth in paragraph (1) of this subsection in accordance with subparagraph (h)(1)(C) of this Code section. (q)(1) Qualified community development entities issuing qualified equity investments shall submit a report to the department within the first five business days after the first anniversary of the initial credit allowance date that provides documentation as to the investment of 85 percent of the purchase price in qualified 2372 JOURNAL OF THE SENATE low-income community investments in qualified active low-income community businesses located in this state. The report shall include: (A) A bank statement of the qualified community development entity evidencing each qualified low-income community investment; (B) Evidence that the business was a qualified active low-income community business at the time of the qualified low-income community investment; and (C) Evidence of the qualified community development entity's compliance with subsection (h) of this Code section. (2) After submitting the annual report required pursuant to subparagraph (A) of paragraph (1) of this subsection, the qualified community development entity shall submit an annual report to the department within 60 days of the beginning of the calendar year during the compliance period. An annual report is not due before the first anniversary of the initial credit allowance date and is not due with respect to a qualified active low-income community business that has redeemed or repaid all outstanding qualified low-income community investments. The department shall publish the report on the department's website in a publicly available format. The report published on the website shall not include any proprietary or confidential information. The report shall include, but not be limited to, the following: (A) With respect to each qualified active low-income community business: (i) Its name and address; (ii) The amount of qualified low-income community investments received; and (iii) The cumulative amount of qualified low-income community investments, exclusive of qualified low-income community investments made with repaid or redeemed qualified low-income community investments or interest profits realized thereon; and (B) Average annual salary of positions described in subparagraph (A) of this paragraph." SECTION 2. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to seed-capital fund, is amended by adding a new Code section to read as follows: "10-10-21. (a) This Code section shall be known and may be cited as the 'Invest Georgia Tax Credit.' (b) As used in this Code section, the term: (1) 'Allocation amount' means the total amount of tax credits purchased by a qualified taxpayer. (2) 'Applicable percentage' means 0 percent for the first two credit allowance dates and 20 percent for the next five credit allowance dates. (3) 'Board' means the Invest Georgia Board created under Code Section 10-10-12. (4) 'Contributed capital' shall have the same meaning as provided in Code Section 1010-11; provided, however, that all contributed capital obtained by the fund pursuant to this Code section shall be considered a private contribution authorized pursuant to FRIDAY, MARCH 27, 2015 2373 Code Section 10-10-15 and shall be paid to the fund for tax credits allocated pursuant to this Code section. (5) 'Credit allowance date' means the date on which a qualified taxpayer purchases tax credits authorized under this Code section and each of the six anniversary dates of such date thereafter. (6) 'Fund' means the Invest Georgia Fund created under Code Section 10-10-10. (7) 'Program' means the Invest Georgia Tax Credit Program. (8) 'Qualified taxpayer' means any of the following that has insurance premiums tax liability and contributes capital to purchase premiums tax credits under this Code section: (A) An insurance company authorized to do business in this state; and (B) A holding company that has at least one insurance company subsidiary authorized to do business in this state. (9) 'State premium tax liability' means any liability incurred by any entity under Code Sections 33-3-26 and 33-8-4, or, if the tax liability under Code Sections 33-3-26 and 33-8-4 is eliminated or reduced, the term shall also mean any tax liability imposed on an insurance company or other person that had premium tax liability under the laws of this state. (10) 'Tax credit' means a credit against an entity's state premium tax liability offered to or held by a qualified taxpayer under this Code section. (c) The fund is hereby allocated and authorized to sell up to $55,000,000.00 of tax credits to qualified taxpayers. (d) The board is authorized to sell the tax credits authorized under this Code section or contract with an independent third party to conduct such sale, including without limitation by a bidding process among qualified taxpayers to purchase the tax credits. In raising capital for the program, the board shall have the discretion to distribute tax credits using a market-driven approach or any approach it reasonably determines will serve to maximize the yield to the fund for the program. (e) A qualified taxpayer that purchases tax credits from the fund owns a vested right to credit against the taxpayer's state premium tax liability on a premium tax report filed under this Code section that may be utilized as follows: (1) On each credit allowance date of such qualified equity investment, the taxpayer, or subsequent holder of the tax credit, shall be entitled to utilize a portion of such credit during the taxable year, including such credit allowance date; (2) The credit amount shall be equal to the applicable percentage for such credit allowance date multiplied by the amount of tax credits purchased; and (3) The amount of the credit claimed by a taxpayer shall not exceed the amount of such taxpayer's state premium tax liability for the tax year for which the credit is claimed. Any amount of tax credit that the taxpayer is prohibited from claiming in a taxable year as a result of this Code section may be carried forward for use in any subsequent taxable year, provided that the credit may not be carried over to any taxable year that begins after December 31, 2028. (f) No tax credit claimed under this Code section shall be refundable, and a qualified 2374 JOURNAL OF THE SENATE taxpayer may not carry back a tax credit. (g) Tax credits obtained under this Code section may be transferred or sold without restriction to any entity that is a qualified taxpayer and that agrees to assume all of the transferor's obligations with respect to the initial purchase of the tax credit, provided that written notice is provided to the fund at least 30 days prior to completing the transfer or sale. (h) Tax credits obtained by or allocated to a partnership, limited liability company, or S-corporation may be allocated to the partners, members, or shareholders of such entity for their direct use in accordance with the provisions of any agreement among such partners, members, or shareholders. (i) The board shall maintain records of the owners of tax credits purchased from the fund or subsequently transferred or sold and shall require all qualified taxpayers to transmit information about the holders of the tax credits that may be required by the Commissioner of Insurance or Department of Revenue as a condition of purchase, transfer, or sale. (j) Contributed capital committed by a qualified taxpayer for the purchase of a tax credit shall be paid to the fund. A qualified taxpayer that commits contributed capital to the fund shall certify to the board that the qualified taxpayer has no interest in the fund or expectation of return, equity interest, or any other residual value for its contribution beyond that of the tax credits received. Nothing under this Code section shall prohibit the board from establishing an installment payment schedule for payments of contributed capital to be made by the qualified taxpayer. (k) The use by a qualified taxpayer of a tax credit purchased from the fund or from another qualified taxpayer that initially purchased a tax credit from the fund constitutes a form of payment of tax and not a credit earned for any other act by the qualified taxpayer. (l) An entity claiming a credit under this Code section is not required to pay any additional retaliatory tax levied under Code Section 33-3-26 as a result of claiming that credit. (m) An entity claiming a credit under this Code section shall not be required to pay any additional tax that may arise as a result of claiming that credit. (n) The Commissioner of Insurance shall permit qualified taxpayers to report the present value of tax credits purchased as an admissible asset for statutory reporting purposes. (o) On receipt of payment or payments of capital, the board shall notify the Commissioner of Insurance and the Department of Revenue of the amounts of fully vested tax credits that each qualified taxpayer has purchased. (p) The fund shall not execute the sale of tax credits for cumulative cash payments of less than 75 percent of the amount of tax credits sold to each qualified taxpayer. (q) The fund may use contributed capital paid by a qualified taxpayer for any purpose authorized under Article 2 of this chapter. (r) The board shall be authorized to promulgate any rules and regulations necessary to implement and administer this Code section." FRIDAY, MARCH 27, 2015 2375 SECTION 3. This Act shall become effective on July 1, 2015, and shall be applicable to all taxable years beginning on or after January 1, 2016. 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: Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Davenport Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper E Heath Y 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 N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 9. HB 439, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: The Georgia Senate 421-D State Capitol Atlanta, Georgia 30334 2376 JOURNAL OF THE SENATE From the desk of: Mr. Secretary Senator Judson Hill March 27, 2015 I was briefly off the floor and intended to vote "NO" on HB 439. Please so note in the Journal. /s/ Judson Hill, 32 Senator David Shafer, President Pro Tempore, assumed the Chair. Senator Bethel of the 54th was excused for business outside the Senate Chamber. HB 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; 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 Committee on Finance offered the following substitute to HB 457: A BILL TO BE ENTITLED AN ACT To amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, is amended by revising Code Section 48-5504.40, relating to watercraft held in inventory for resale exempt from taxation for limited period of time, as follows: FRIDAY, MARCH 27, 2015 2377 "48-5-504.40. (a) As used in this Code section, the term: (1) 'Dealer' means any person who is engaged in the business of selling watercraft at retail. (2) 'Watercraft' means any vehicle which is self-propelled or which is capable of selfpropelled water transportation, or both. (b) Watercraft which is owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft do not apply to watercraft which is owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2009 2016, and concluding December 31, 2013 2019, such watercraft which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, and shall not be taxed, and no taxes shall be collected on such watercraft until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all tax years beginning on and after January 1, 2016, and ending on December 31, 2019. 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 Beach E Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Orrock N Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone E Tate 2378 JOURNAL OF THE SENATE Y Dugan N Fort Y Ginn Y Gooch Y Harbin Harbison E Harper E Heath N Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 43, nays 5. HB 457, having received the requisite constitutional majority, was passed by substitute. HB 255. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Burke of the 11th. Senator Jackson of the 2nd offered the following amendment #1: Amend HB 255 by Strike lines 28 - 35 and replace with the following: ( C ) replace with: To avoid the ongoing debate between forest certification programs, the state shall not seek not seek credit for certifiable wood as part of a green building certification. As certified in other code sections, the state will give preference to timber grown in Georgia regardless of the type of building standard a project may use On the adoption of the amendment, the yeas were 16, nays 27, and the Jackson of the 2nd amendment #1 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 27, 2015 2379 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach E Bethel Y Black Y Burke N Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Jones, E N Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent Y Ramsey N Rhett Y Seay Shafer (PRS) Y Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 7. HB 255, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2380 JOURNAL OF THE SENATE SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; 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 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. Senators Hufstetler of the 52nd, Unterman of the 45th, Jeffares of the 17th, Millar of the 40th, Kirk of the 13th and Orrock of the 36th offered the following amendment #1: Amend HB 362 (LC 33 6032S) by inserting after "prescriptions;" on line 11 the following: 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 authority to prescribe hydrocodone compound products under certain conditions; to require additional continuing education; By inserting between lines 86 and 87 the following: SECTION 2A. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, is amended by revising paragraph (1) and by adding a new paragraph to subsection (e.1) to read as follows: "(e.1)(1)(A) In addition to and without limiting the authority granted by Code Section 43-34-23, a physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any device as defined in Code Section 26-4-5 or to issue any dangerous drug as FRIDAY, MARCH 27, 2015 2381 defined in Code Section 16-13-71, any hydrocodone compound product in accordance with subparagraph (B) of this paragraph, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician assistant performing such delegated acts and shall adequately supervise the physician assistant. If an existing job description for a physician assistant does not contain such authority to order a prescription drug or device order as provided by this subsection, that physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance, with the exception of hydrocodone compound products. (B)(i) A physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any hydrocodone compound product in accordance with any requirements and limitations established by the board. (ii) A physician shall not delegate to a physician assistant the authority to issue a prescription drug order or orders for any hydrocodone compound product which is not within the scope of practice of such physician." "(11.1) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug order for a hydrocodone compound product shall be required to complete three hours of continuing education biennially in the appropriate ordering and use of hydrocodone compound products." On the adoption of the amendment, there were no objections, and the Hufstetler, 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 Beach Y Bethel Y Black Burke Y Butler Y Cowsert N Crane Y Davenport 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 Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone E Tate 2382 JOURNAL OF THE SENATE E Dugan Y Fort Y Ginn Y Gooch Harbin Y Harbison Y Harper E Heath Y Henson N Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B E Thompson, C Y Tippins Tolleson Y Unterman N Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 44, nays 3. HB 362, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has failed to pass by the requisite constitutional majority the following Bill of the Senate: SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 551. By Representative Brockway of the 102nd: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through payroll deductions FRIDAY, MARCH 27, 2015 2383 to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. Senator Millar of the 40th asked unanimous consent that he be excused from voting on HB 551 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Millar was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis N Orrock N Parent N Ramsey Y Rhett Y Seay Shafer (PRS) N Sims Y Stone E Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 44, nays 6. HB 551, having received the requisite constitutional majority, was passed. 2384 JOURNAL OF THE SENATE HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Watson 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 Beach Y Bethel Y Black Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 394, having received the requisite constitutional majority, was passed. FRIDAY, MARCH 27, 2015 2385 Senator Harper of the 7th was excused for business outside the Senate Chamber. HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 432: A BILL TO BE ENTITLED AN ACT To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for effective date of municipal annexations under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, is amended by revising Code Section 36-36-4, relating to creation of unincorporated islands prohibited and authorization to provide services or functions, by adding a new subsection to read as follows: "(c) The prohibition contained in subsection (a) of this Code section shall not apply to a local Act providing for deannexation of territory from a municipality that would create an unincorporated island where another local Act annexing the same territory into another municipality takes effect on the same date as the local Act providing for deannexation of such territory." 2386 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by revising Code Section 36-36-21, relating to annexation upon application of all land owners, filing of identification of annexed property with Department of Community Affairs and county governing authority, and effect of annexation, as follows: "36-36-21. Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. Such ordinance shall be effective, except for ad valorem tax purposes as provided by general law, and such land shall be annexed on the effective date stated in such ordinance, notwithstanding the pendency of any annexation referendum to be conducted pursuant to a local Act of the General Assembly relating to all or any part of the land annexed by such ordinance, unless otherwise provided by such local Act, and such local Act shall be deemed amended by its terms to exclude such land. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 shall apply to any annexation application under Code Section 36-36-21 submitted on or after July 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 27, 2015 2387 Senators Parent of the 42nd, Millar of the 40th, Bethel of the 54th, Unterman of the 45th and Henson of the 41st offered the following amendment #1: Amend the Senate Committee on State and Local Governmental Operations substitute to HB 432 (LC 28 7661ERS) by striking "to provide for effective date of municipal annexations under certain circumstances;" on lines 5 and 6; by striking "and applicability" on lines 6 through 7; by striking lines 19 through 49; by redesignating Sections 3 and 4 as Sections 2 and 3, respectively; and by striking lines 52 through 53 and inserting in lieu thereof "without such approval.". On the adoption of the amendment, the President asked unanimous consent. Senator McKoon of the 29th objected. On the adoption of the amendment, the yeas were 28, nays 8, and the Parent, 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort Y Ginn Gooch Y Harbin Y Harbison E Harper E Heath Y Henson Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T 2388 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. HB 432, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 432. Had I been present, I would have voted yes. /s/ Butch Miller District 49 Senator Jones of the 25th was excused for business outside the Senate Chamber. HB 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; 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 repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Health and Human Services offered the following substitute to HB 504: A BILL TO BE ENTITLED AN ACT To amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; 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 FRIDAY, MARCH 27, 2015 2389 vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, is amended by revising subsection (b) as follows: "(b) In accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, newly admitted students Students who are 18 years of age or older residing in campus housing as defined by the postsecondary educational institution or residing in sorority or fraternity houses shall be required to sign a document provided by the postsecondary educational institution stating that he or she has received a vaccination against meningococcal disease not more than five years prior to such admittance or reviewed the information provided as required by subsection (a) of this Code section. If a student is a minor, only a parent or guardian may sign such document." SECTION 2. 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. 2390 JOURNAL OF THE SENATE (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 influenza, pneumococcal disease, shingles, or meningitis. 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 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 FRIDAY, MARCH 27, 2015 2391 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; and the pharmacist completes a training program recognized by the Centers for Disease Control and Prevention in the basics of immunology which focuses on practice implementation and legal and regulatory issues, composed of: (1) at least 12 hours of self-study and an assessment exam; (2) at least eight hours of live seminar with a final exam; and (3) a hands-on assessment of intramuscular and subcutaneous injection technique. 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 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 take a complete case history and determine whether the patient has had a physical examination within the past year and shall not administer a vaccine to a patient with any condition for which such vaccine is contraindicated; 2392 JOURNAL OF THE SENATE (3)(4) 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; (5) Require the pharmacist or nurse to provide written information to the vaccine recipient to be developed by the Department of Public Health on the importance of having and periodically seeing a primary care physician; (6) Require the pharmacist or nurse to provide each new vaccine recipient with a personal immunization card on card stock paper containing the vaccine recipient's name, the pharmacist's or nurse's name and phone number, the name and dosage of the vaccine, the location of injection on the vaccine recipient, and the date of the administration of the vaccine in legible writing or printed type in a format made available by the Department of Public Health. The patient shall produce such card when he or she has subsequent vaccines and the pharmacist or nurse shall update such card, unless the patient does not have such card, in which case, a new card shall be provided. The written information required pursuant to paragraph (5) of this subsection may be included on the card provided pursuant to this paragraph; (4)(7) 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 authorizes the pharmacy or nurse to notify the vaccine recipient's primary care provider of the vaccine administered to the vaccine recipient; and (F) Any adverse events or complications that occur; (8) Require the pharmacist or nurse to make documented reasonable efforts to obtain the name of the vaccine recipient's primary care provider and to notify such primary care provider of the vaccine administered by the pharmacist or nurse within 72 hours of administration; (9) Require the pharmacist or nurse to administer the vaccine to a patient in a private room, area with a privacy screen, or other interior area in which the patient's privacy can be maintained. In no event shall a pharmacist or nurse administer a vaccine to a patient in a manner that is designed so that the patient can be served while remaining in his or her personal vehicle. This paragraph shall not apply to mass immunizations in the event of a public health emergency or for purposes of training in which vaccinations are administered to large groups of people at one or more locations in a short interval of time; (5)(10) Require the pharmacist or nurse to enter the patient's influenza vaccine FRIDAY, MARCH 27, 2015 2393 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 Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; (6)(11) 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)(12) 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)(13) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza a vaccine is limited; and (14) Require the pharmacist or nurse to maintain individual liability insurance coverage or be individually covered by his or her employer's liability insurance coverage in an amount not less than $250,000.00 to cover claims arising from administration of vaccines by the pharmacist or nurse pursuant to a vaccine protocol agreement and to provide proof of such coverage to the physician for submission to the board with the vaccine protocol agreement. The pharmacist or nurse shall also retain a copy of the proof of insurance coverage, including the name of the insurer and policy number, onsite at his or her primary location for inspection by the Georgia Drugs and Narcotics Agency, upon request; (15) Require the pharmacist or nurse to post proof of the vaccine protocol agreement, including a list of the vaccines authorized by such protocol, in a conspicuous location within the pharmacy, local health department, or other setting in which the vaccine is being administered; (16) Require the pharmacist or nurse to submit a signed and notarized affidavit to the physician attesting to the following: (A) Compliance with paragraph (14) of this subsection regarding maintenance of liability insurance; (B) Verification that the pharmacist or nurse holds current certification in Basic Cardiac Life Support as required by subsections (b) and (c) of this Code section and, for pharmacists, verification of completion of immunology training as required by subsection (b) of this Code section; (C) The pharmacist or nurse has a copy of the vaccine protocol agreement and agrees to comply with its requirements; and (D) Identification of the pharmacist's or nurse's location or locations in which he or she will be administering vaccinations pursuant to the vaccine protocol agreement. The pharmacist or nurse shall keep a copy of the affidavit onsite at his or her primary location for inspection by the Georgia Drugs and Narcotics Agency, upon request. 2394 JOURNAL OF THE SENATE The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; and (9)(17) 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. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to FRIDAY, MARCH 27, 2015 2395 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, along with the affidavit by the pharmacist or nurse submitted pursuant to paragraph (16) of subsection (d) of this Code section and the proof of insurance required pursuant to paragraph (14) of subsection (d) of this Code section, 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, physician's office, nursing home, or other health care facility designated by the department or conducted 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,; (2) A pneumococcal disease vaccine to any child under the age of 18 without an 2396 JOURNAL OF THE SENATE individual prescription from a physician; (3) Any vaccines containing a live attenuated virus to a child under the age of 13; or (4) A meningitis vaccine to any child under the age of 18. 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. (r)(1) A pharmacist or nurse who knowingly does not comply with paragraph (14) of subsection (d) of this Code section may be assessed a fine of up to $2,500.00 by the board. (2) A pharmacist or nurse who knowingly administers a vaccine without a vaccine protocol agreement as required by this Code section may be assessed a fine of up to $2,500.00 and may be prohibited from administering vaccines pursuant to this Code section for up to one year as determined by the board. (3) A pharmacist or nurse who knowingly does not comply with paragraph (6) of subsection (d) of this Code section may be subject to the following sanctions by the board: (A) Upon the first violation, the issuance of a warning: (B) Upon the second violation, a fine of up $500.00; and (C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to one year. (4) A pharmacist or nurse who knowingly does not comply with paragraph (15) of subsection (d) of this Code section may be subject to the following sanctions by the board: (A) Upon the first or second violation, the issuance of a warning: (B) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to six months. (5) A pharmacist or nurse who knowingly does not comply with paragraph (10) or (16) of subsection (d) of this Code section may be subject to the following sanctions by the Georgia Drugs and Narcotics Agency: (A) Upon the first violation, the issuance of a warning; (B) Upon the second violation, a fine of up to $5,000.00; and (C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section. (6) The sanctions contained in this subsection shall be supplemental to any other sanctions or penalties to which a pharmacist or nurse may otherwise be subject." 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. FRIDAY, MARCH 27, 2015 2397 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Harbin Y Harbison E Harper E Heath 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 Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 504, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 504. Had I been present, I would have voted yes. /s/ Marty Harbin District 16 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: 2398 JOURNAL OF THE SENATE SB 69. By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th: 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 restrictions regarding the rights 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. SB 79. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 63. By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others: 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 FRIDAY, MARCH 27, 2015 2399 manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and off-premises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes. The President resumed the Chair. Senator Tippins of the 37th was excused for business outside the Senate Chamber. HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones II of the 22nd. The Senate Committee on Judiciary Non-Civil offered the following substitute to HB 452: 2400 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, is amended by revising Code Section 19-13-50, relating to the short title, as follows: "19-13-50. This article shall be known and may be cited as the 'Family Violence and Stalking 'Protective Order Registry Act.'" SECTION 2. Said article is further amended by revising paragraphs (3), (5), and (7) of Code Section 19-13-51, relating to definitions, as follows: "(3) 'Foreign protective order' means any temporary protective order of protection, protective order of protection, restraining order, or injunction, pretrial release order, or sentencing order that prohibits contact, acts of family violence, or stalking or both issued by a foreign court of competent jurisdiction in another state, territory, or tribal jurisdiction in the United States." "(5) 'Modification' means any amendment, dismissal, or continuance of a protective order." "(7) 'Protective order' means any: (A) An ex parte, temporary, six-month, permanent order, or restraining, pretrial release, or sentencing order issued by a judge in this state that prohibits contact or that is pursuant to Code Sections 16-5-90 through 16-5-94 Article 7 of Chapter 5 of Title 16 or this chapter; and also where appropriate in this context includes a (B) A foreign protective order." SECTION 3. Said article is further amended by revising Code Section 19-13-52, relating to the purpose of the registry, maintenance, access to information, and linking to National Crime Information Center Network, as follows: "19-13-52. (a) The Georgia Protective Order Registry shall be created to serve as a state-wide, FRIDAY, MARCH 27, 2015 2401 centralized data base for state-wide the collection of protective orders issued pursuant to Code Sections 16-5-90 through 16-5-94 and this chapter. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims of stalking and family violence. (b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness of the registry in enhancing the safety of victims of domestic violence and stalking. (c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. (d) The registry shall be linked to the National Crime Information Center Network, and protective orders or modifications thereof entered in the registry shall be immediately transmitted to this such network." SECTION 4. Said article is further amended by revising subsections (c) and (e) of Code Section 19-1353, relating to standardized forms, timing of transmission of information and data entry, and the responsibility of sheriff's office, as follows: "(c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification thereof from the clerk of court. The inability to enter information for all data fields in the registry shall not delay the entry of available information." "(e) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order." SECTION 5. Said article is further amended by revising subsection (a) of Code Section 19-13-54, relating to foreign protective orders, as follows: "(a) A petitioner who obtains a valid foreign protective order may file that order by filing a certified copy of the foreign protective order with any clerk of court of the superior court in this state." SECTION 6. Said article is further amended by revising subsection (a) of Code Section 19-13-56, relating to liability of court or law enforcement personnel, as follows: "(a) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for any delay or failure to file a protective order or 2402 JOURNAL OF THE SENATE modification thereof, to transmit information contained in a protective orders order or modification thereof, or to enter such information in the registry." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper E Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 452, having received the requisite constitutional majority, was passed by substitute. Senator Sims of the 12th was excused for business outside the Senate Chamber. FRIDAY, MARCH 27, 2015 2403 HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn of the 47th. The Senate Committee on Public Safety offered the following substitute to HB 492: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to clarify exemptions from weapons carry laws; to provide for a renewal period; to provide for and revise definitions; to revise persons to whom no weapons carry license shall be issued; to revise procedures in the renewal of a license; to revise procedures regarding the revocation, loss, or damage to a license; to clarify criteria for the verification of a weapons carry license; to authorize employees to enter and access the parking lots of employers with ammunition in the employee's personal vehicle under certain circumstances; to revise provisions regarding preemption of local regulation and lawsuits; to amend Code Section 17-5-52.1 of the Official Code of Georgia Annotated, relating to disposal of forfeited or abandoned firearms, so as to correct a cross-reference; to amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, so as to limit the reporting of certain acts; to amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to clarify provisions regarding the carrying of firearms within 150 feet of any polling place; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes. 2404 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings, is amended by revising subparagraph (N) of paragraph (13) as follows: "(N)(i) An act which constitutes a violation of Code Section 16-11-127.1 involving a: (I) Firearm, as defined in Code Section 16-11-131; (II) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (III) Weapon, as defined in Code Section 16-11-127.1, together with an assault; or (ii) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1; or" SECTION 2. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended in Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirements, and exceptions for homes, motor vehicles, private property, and other locations and conditions, by adding a new subsection to read as follows: "(j) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130." SECTION 3. Said chapter is further amended in Code Section 16-11-127, relating to carrying weapons in unauthorized locations, by revising paragraphs (1) and (7) of subsection (b) and by adding a new subsection to read as follows: "(1) In a government building as a nonlicense holder;" "(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413." "(f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130." SECTION 4. Said chapter is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by adding a new subsection to read as follows: "(h) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130." FRIDAY, MARCH 27, 2015 2405 SECTION 5. Said chapter is further amended in Code Section 16-11-127.2, relating to weapons on premises of a nuclear power facility, by adding a new subsection to read as follows: "(d) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130." SECTION 6. Said chapter is further amended in Code Section 16-11-129, relating to weapons carry licenses, by revising subsection (a), paragraph (1) of subsection (b), subparagraph (b)(2)(A), paragraph (1) of subsection (d), subsection (e), and subsection (l) as follows: "(a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may shall, on application under oath, and on payment of a fee of $30.00, and on investigation of applicant pursuant to subsections (b) and (d) of this Code section, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant's expired or expiring weapons carry license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost." "(1) As used in this subsection, the term: (A) 'Armed forces' means active duty or a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, 2406 JOURNAL OF THE SENATE United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard. (A)(B) '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)(C) 'Convicted' means 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)(D) 'Dangerous drug' means any drug defined as such in Code Section 16-1371." "(1)(A) 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 necessary to cover the cost of the records search. (B) For requests for license renewals, the presentation of a weapons carry license issued by any probate judge in this state shall be evidence to the judge of the probate court to whom a request for license renewal is made that the fingerprints of the weapons carry license holder are on file with the judge of the probate court who issued the weapons carry license, and the judge of the probate court to whom a request for license renewal is made shall, within five business days following the receipt of the request, direct the law enforcement agency to request a nonfingerprint 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 to whom a request for license renewal is made. (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, in the same manner as provided for in subparagraph (d)(1)(B) of this subsection, 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." "(e) Revocation, loss, or damage to license. (1) If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or FRIDAY, MARCH 27, 2015 2407 an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. The judge of the probate court shall report such revocation to the Georgia Crime Information Center immediately but in no case later than ten days after such revocation. It shall be unlawful for any person to possess a license which has been revoked pursuant to this paragraph, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. (2) If a person is convicted of any crime or involved in any matter which would make the maintenance of a weapons carry license by such person unlawful pursuant to subsection (b) of this Code section, the judge of the superior court or state court hearing such case or presiding over such matter shall inquire whether such person is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the judge of the superior court or state court shall inquire of such person the county of the probate court which issued such weapons carry license, or if such person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued such person a renewal license. The judge of the superior court or state court shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by such person to be unlawful pursuant to subsection (b) of this Code section. The Council of Superior Court Judges of Georgia and The Council of State Court Judges of Georgia shall provide by rule for the procedures which judges of the superior court and the judges of the state courts, respectively, are to follow for the purposes of this paragraph. (3) Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 159-60 for such services." "(l) Verification of license. 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 of a license holder, pursuant to a subpoena or court order, or for public safety purposes, but to law enforcement agencies pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72, and for licensing to a judge of a probate court or his or her designee pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72; provided, however, that the judge of a probate court or his or her designee shall not be authorized to provide any further information regarding license holders." 2408 JOURNAL OF THE SENATE SECTION 7. Said chapter is further amended in Code Section 16-11-135, relating to public or private employer's parking lots, right of privacy in vehicles in employer's parking lot or invited guests on lot, severability, and rights of action, by revising subsection (b) as follows: "(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm or ammunition, or both, that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia weapons carry license." SECTION 8. Said chapter is further amended in Code Section 16-11-171, relating to definitions for Brady Law Regulations, by revising paragraph (2) as follows: "(2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43." SECTION 9. Said chapter is further amended in Code Section 16-11-173, relating to legislative findings and preemption of local regulation and lawsuits, by revising the introductory language of paragraph (1) of subsection (b), paragraph (1) of subsection (c), and subsection (f) as follows: "(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, or by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:" "(c)(1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law." "(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 means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays." SECTION 10. Code Section 17-5-52.1 of the Official Code of Georgia Annotated, relating to disposal of forfeited or abandoned firearms, is amended by revising subsection (d) as follows: FRIDAY, MARCH 27, 2015 2409 "(d) If an innocent owner of a firearm cannot be located or after proper notification he or she fails to pay for the return of his or her firearm, if the political subdivision is: (1) A municipal corporation, it shall dispose of its firearms as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any and all bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. Any political subdivision which disposes of firearms shall use proceeds from the sale of a firearm as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the political subdivision; or (2) Not a municipal corporation, the state custodial agency or the political subdivision shall dispose of its firearms by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. A state custodial agency shall retain only such proceeds as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the this state, provided that a state custodial agency may be reimbursed for any firearms formerly in use by the state custodial agency that are sold under this Code section." SECTION 11. Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, is amended by revising subsection (a) as follows: "(a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by Code Section 16-5-21 or 16-5-24, Chapter 6 of Title 16, and Code Section 16-11-127, 16-11-127.1, 16-11-132, or 16-13-30, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee; provided, however, that an act which is prohibited by Code Section 16-11-127.1 shall be reported only when it involves a: (1) Firearm, as defined in Code Section 16-11-131; (2) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (3) Weapon, as defined in Code Section 16-11-127.1, together with an assault." SECTION 12. Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended in Code Section 21-2-413, relating to the conduct of voters, campaigners, and others at polling places generally, by 2410 JOURNAL OF THE SENATE revising subsection (i) as follows: "(i) No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 150 feet of any polling place as provided for in subsection (b) of Code Section 16-11-127." SECTION 13. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to when public disclosure not required, by revising paragraph (40) of subsection (a) as follows: "(40) Any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms, except to the extent that such records relating to licensing and possession of firearms are sought by law enforcement agencies or a judge of the probate court as provided by law;" SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Senators Fort of the 39th, Orrock of the 36th and Henson of the 41st offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 492 (LC 41 0508S) by replacing line 11 with the following: license; to clarify criteria for the verification of a weapons carry license; to prohibit restoration of gun rights to persons who have been convicted of a forcible felony; to authorize By redesignating Sections 7 through 14 as Sections 8 through 15, respectively, and by inserting between lines 181 and 182 the following: SECTION 7. Said chapter is further amended by revising Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, as follows: "16-11-131. (a) As used in this Code section, the term: (1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. (2) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (3) 'Forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; FRIDAY, MARCH 27, 2015 2411 murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection. (b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or 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 who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years. (b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. (c) This Code section shall not apply to any person who has been pardoned for the 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 constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; provided, however, that this subsection shall not apply to any person who has been convicted of a forcible felony. (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would 2412 JOURNAL OF THE SENATE not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection; provided, however, that no such relief shall be granted to any person who has been convicted of a forcible felony. (e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection. (f)(e) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section." On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison E Harper E Heath Y Henson N Hill, H Hill, Jack Y Hill, Judson N Hufstetler N Jackson, B Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer E Sims N Stone Y Tate N Thompson, B N Thompson, C E Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T FRIDAY, MARCH 27, 2015 2413 On the adoption of the amendment, the yeas were 16, nays 33, and the Fort, et al. amendment #1 to the committee substitute was lost. Senator Ligon, Jr. of the 3rd was excused for business outside the Senate Chamber. Senators Fort of the 39th, Orrock of the 36th and Henson of the 41st offered the following amendment #2: Amend the Senate Public Safety Committee substitute to HB 492 (LC 41 0508S) by replacing line 46 with the following: unauthorized locations, by revising paragraph (7) of subsection (b) and subsection (e) and by adding By deleting line 48 and adding between lines 51 and 52 the following: "(e)(1) A license holder shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. 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 if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a license holder who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. 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. (2) Any license holder who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a license holder who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor." On the adoption of the amendment, the President asked unanimous consent. Senator Ginn of the 47th 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 Beach N Bethel N Black N Burke N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y Orrock Y Parent Y Ramsey Y Rhett Y Seay 2414 JOURNAL OF THE SENATE Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper E Heath Y Henson N Hill, H Y James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk E Ligon Y Lucas N Martin N McKoon N Millar N Miller N Mullis Y Shafer E Sims N Stone Y Tate N Thompson, B N Thompson, C E Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M Y Williams, T On the adoption of the amendment, the yeas were 18, nays 34, and the Fort, et al. amendment #2 to the committee substitute was lost. Senators Fort of the 39th, Orrock of 36th and Henson of the 41st offered the following amendment #3: Amend the Senate Public Safety Committee substitute to HB 492 (LC 41 0508S) by replacing line 13 with the following: employee's personal vehicle under certain circumstances; to allow a person to be detained by law enforcement for the purpose of investigating whether such person has a weapons carry license; to revise provisions regarding By redesignating Sections 8 through 14 as Sections 9 through 15, respectively, and by inserting between lines 192 and 193 the following: SECTION 8. Said chapter is further amended by revising Code Section 16-11-137, relating to the required possession of a weapons carry license or proof of exemption when carrying a weapon and detention for investigation of carrying a weapons carry license, as follows: "16-11-137. (a) Every license holder shall have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, he or she shall have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon, and his or her failure to do so shall be prima-facie evidence of a violation of the applicable provision of Code Sections 16-11-126 through 16-11-127.2. (b) A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license. FRIDAY, MARCH 27, 2015 2415 (c)(b) A person convicted of a violation of this Code section shall be fined not more than $10.00 if he or she produces in court his or her weapons carry license, provided that it was valid at the time of his or her arrest, or produces proof of his or her exemption." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin N Harbison N Harper E 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 Y Jones, H N Kennedy N Kirk E Ligon Y Lucas N Martin N McKoon Y Millar N Miller N Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer E Sims N Stone Y Tate N Thompson, B N Thompson, C E Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Black Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Orrock Y Parent Y Ramsey Y Rhett 2416 JOURNAL OF THE SENATE Y Burke Y Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Harbin N Harbison Y Harper E Heath Y Henson Y Hill, H N Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 6. HB 492, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 27, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 492. Had I been present, I would have voted yes. /s/ Marty Harbin District 16 The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative FRIDAY, MARCH 27, 2015 2417 attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 477. By Representative Jones of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendments, as amended by the House, to the following Bill of the House: HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; 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 Bill of the House: HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Stephens of the 165th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 2418 JOURNAL OF THE SENATE 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; 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 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change, for a limited period of time, certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for automatic repeal; 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 change provisions relating to publication of notices of unclaimed property; to provide for the retention of administrative expenses; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, is amended by revising subsection (m) and adding a new subsection to read as follows: "(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 August 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)(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. FRIDAY, MARCH 27, 2015 2419 (B) Except for the amount provided in subparagraph (A) of this paragraph, the remaining proceeds of the alternative ad valorem tax shall be allocated by county based upon the ratio of the number of apportioned vehicles attributed by the commissioner on an annual basis to each county to the number of apportioned vehicles submitted to and approved by the commissioner statewide. The proceeds so allocated shall then be distributed to each qualified tax jurisdiction within the county based upon the ratio of the most recently submitted and approved tax digest for each such qualified tax jurisdiction to the total of all tax digests of qualified tax jurisdictions located in the county. Qualified jurisdictions include only counties, municipalities, county school districts, and independent school districts which levy or cause to be levied for their benefit a property tax on real and tangible personal property. (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 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. (n)(1) The provisions of subsection (m) of this Code section shall be suspended for the 2015, 2016, 2017, 2018, and 2019 tax years, and the provisions of this subsection shall apply during such period. This subsection shall stand repealed on January 1, 2020. (2) 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. (3) Except as provided in paragraph (4) of this subsection, each year, the distributions of alternative ad valorem tax proceeds under this subsection shall be based upon the 2420 JOURNAL OF THE SENATE immediately preceding year's tax digest of each qualified tax authority submitted to and approved by the commissioner. If such 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 qualified tax jurisdiction. (4)(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 qualified tax jurisdiction of this state. Such qualified 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. The commissioner shall determine the amount of ad valorem tax on apportionable vehicles identified under subsections (a), (b), and (c) of this Code section that was received by each qualified tax jurisdiction for the 2013 tax year. Such amount shall represent the benchmark amount for such qualified tax jurisdiction: (i) For the 2015 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to such benchmark amount; (ii) For the 2016 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 80 percent of such benchmark amount; (iii) For the 2017 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 60 percent of such benchmark amount; (iv) For the 2018 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 40 percent of such benchmark amount; (v) For the 2019 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 20 percent of such benchmark amount; and (vi) For all tax years beginning on or after January 1, 2020, each qualified tax jurisdiction shall receive the amount of alternative ad valorem tax revenue determined pursuant to subsection (m) of this Code section. (C) In the event that the amount of ad valorem tax on apportionable vehicles collected in a tax year covered under this subsection is less than the benchmark amount, then the benchmark distribution of each qualified tax jurisdiction for such tax year shall be reduced proportionately to reflect the amount of such shortfall. In the event a qualified tax jurisdiction ceases to be a qualified tax jurisdiction, it shall not be entitled to receive a distribution of either the benchmark amount under this subparagraph or the remaining distribution amount under subparagraph (D) of this paragraph. (D) When a qualified tax jurisdiction has received an amount equal to the prorated FRIDAY, MARCH 27, 2015 2421 benchmark amount pursuant to subparagraph (B) of this paragraph for the applicable tax year, any funds remaining with the commissioner shall be distributed in accordance with the formula contained in subparagraph (m)(2)(B) of this Code section." 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 44-12-215, relating to publication of the "Georgia Unclaimed Property List," as follows: "44-12-215. (a) The commissioner shall cause to be published electronically publish notice of the reports filed under Code Section 44-12-214, once a year in a newspaper of general circulation on the Department of Revenue's website. (b) The published notice shall be entitled the 'Georgia Unclaimed Property List' and shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code Section 44-12-214. (c) The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner. (d) The commissioner is shall not be required to publish in such notice any item with a value of less than $50.00 unless he the commissioner deems such publication to be in the public interest." SECTION 3. Said article is further amended by revising Code Section 44-12-218, relating to disposition of funds received under article, as follows: "44-12-218. 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; provided, however, that the commissioner may deduct moneys necessary to cover the direct administrative expenses required to identify, locate, secure, and transmit abandoned property prior to depositing such funds. 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." SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall apply to all disbursements which occur after the effective date of this Act. 2422 JOURNAL OF THE SENATE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Wilkinson of the 50th moved that the Senate agree to the House substitute to SB 82. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper E Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk E Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 82. The following communication was received by the Secretary: March 27, 2015 I inadvertently voted No on SB 82. Please reflect in the Journal that my intent was to vote Yes. /s/ Burt Jones District 25 The following bill was taken up to consider House action thereto: FRIDAY, MARCH 27, 2015 2423 SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for definitions; to authorize the Opportunity School District to assume the supervision of public elementary and secondary schools that are qualifying; to provide for a superintendent for the district; to provide criteria; to provide for rating of schools; to provide for intervention models; to provide for opportunity schools seeking state charter school status; to provide for successful opportunity schools to exit state supervision; to provide for funding; to provide for applicability; to provide for support services and flexibility for schools on warning, schools on probation, and qualifying schools that are not selected; to repeal a provision relating to appropriate levels of intervention for failing schools; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, is amended by adding a new article to read as follows: "ARTICLE 3 20-14-100. As used in this article, the term: (1) 'Office' means the Office of Student Achievement. (2) 'Opportunity school' means a public elementary or secondary school under the supervision of the Opportunity School District. 2424 JOURNAL OF THE SENATE (3) 'Opportunity School District' or 'OSD' means the state-wide district established pursuant to this article. (4) 'OSD charter school' means an opportunity school authorized by the State Charter Schools Commission pursuant to Article 31A of Chapter 2 of this title. (5) 'OSD Superintendent' means the superintendent of the Opportunity School District appointed by the Governor pursuant to Code Section 20-14-102. (6) 'Qualifying school' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for a minimum of three consecutive years. (7) 'School on probation' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for two consecutive years. (8) 'School on warning' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for one year. 20-14-101. (a) The Opportunity School District is hereby created pursuant to the authority granted in Article VIII, Section V, Paragraph VIII of the Georgia Constitution. The Opportunity School District shall be authorized to assume the supervision, management, and operation of public elementary and secondary schools which have been determined to be qualifying pursuant to this article. (b) The Opportunity School District shall be established within the Office of Student Achievement. 20-14-102. (a) The Governor shall appoint a superintendent, to be confirmed by the Senate, to serve as the executive officer of the Opportunity School District. The OSD Superintendent shall serve at the pleasure of the Governor and shall have such qualifications as set forth in subsection (b) of Code Section 20-2-101 and salary as determined by the Governor. The OSD Superintendent shall be an employee of the office but shall report directly to the Governor. (b) The OSD Superintendent shall develop guidelines and procedures for the operation of the OSD. The OSD Superintendent shall annually provide a report to the General Assembly on all aspects of operation, including the selection, intervention chosen, and progress of the opportunity schools. The report shall also be published on the office website. 20-14-103. (a) The Opportunity School District shall be authorized to select up to 20 qualifying schools to add to the OSD in any single school year. The Opportunity School District shall have no more than 100 schools under its supervision at any given time. The schools selected for inclusion in the OSD should represent geographic diversity, including urban and rural schools. (b) Selection of up to 20 qualifying schools to add to the OSD in any single school year FRIDAY, MARCH 27, 2015 2425 shall be based on an analysis of performance over the most recent three-year period with emphasis on student growth and progress and other considerations, including geographic clusters of qualifying schools, feeder patterns with multiple eligible schools, current turn-around efforts, availability of qualified partners, and community engagement and support. The school selection process shall include a public hearing to allow for parent and community input and the final selection of which schools are transferred into the OSD shall be in the sole discretion of the OSD Superintendent. (c) The OSD Superintendent shall have the sole discretion in determining the timing and sequencing of transferring qualifying schools to the OSD, which may take into consideration the capacity of the OSD in successfully overseeing each school. Prior to transferring any qualifying school to the OSD, the OSD Superintendent shall conduct an evaluation of the school to determine the factors contributing to the school's performance and shall conference with the school principal, local board of education members, and the local school superintendent to share the findings of the evaluation and discuss options for remediation in a joint effort between the OSD and the local school system. The OSD Superintendent shall evaluate and identify the qualifying schools selected for intervention no later than April 1 prior to the initial school year in which the OSD intervention model will be implemented. The specific intervention model in subsection (a) of Code Section 20-14-105 most appropriate for each school based on the findings of the evaluation shall be identified by the OSD Superintendent no later than July 1 of the effective school year and published on the office website. (d) The OSD Superintendent is authorized to waive specifically identified State Board of Education rules, regulations, policies, and procedures, or provisions of Chapter 2 of this title for opportunity schools. The goal for each waiver shall be improvement of student performance. The OSD Superintendent is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or this chapter; the requirements of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; state accountability requirements, including but not limited to teacher and leader evaluation pursuant to Code Section 20-2-210; or the requirements in subsection (c) of Code Section 20-2-327. A school that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of this chapter, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133. All opportunity schools shall comply with all applicable constitutional and statutory nondiscrimination requirements. (e) In the event that a qualifying school selected to be an opportunity school pursuant to this article is an existing charter school or is currently subject to any school level requirements included in a charter system contract or a contract executed pursuant to Article 4 of Chapter 2 of this title, the authority of the OSD shall supersede any such charter or contract with respect to the qualifying school and the State Board of 2426 JOURNAL OF THE SENATE Education and affected local board of education shall take all necessary steps to modify or cancel any such charter or contract with respect to the qualifying school to effectuate this. 20-14-104. The office shall annually, for purposes of this article, determine a rating of A, B, C, D, or F for each public elementary and secondary school in this state based on student achievement, achievement gap closure, and student growth. Such ratings shall be based on the state accountability system approved by the State Board of Education. 20-14-105. (a) An opportunity school may be subject to any of the following intervention models, as determined by the OSD Superintendent: (1) Direct management of the opportunity school by the OSD; (2) Shared governance of the opportunity school by the OSD and the local board of education pursuant to a contract in which the local board of education operates the school and the OSD Superintendent has the authority to direct changes to be made at the school; (3) Reconstitution of the school as an OSD charter school in which the OSD works in collaboration with the State Charter Schools Commission to build capacity of petitioning governing boards and charter school applications to establish a charter that will be approved by the State Charter Schools Commission; or (4) Closure of an opportunity school which is not enrolled at full capacity and reassigning the students to a nonqualifying school within the local school system. School closure shall be the intervention of last resort. (b) The OSD Superintendent shall establish and implement a process for gaining community feedback and input to inform his or her decision regarding the most appropriate intervention model for a particular school. (c)(1) For opportunity schools under the intervention models in paragraphs (2) and (3) of subsection (a) of this Code section, the school principal or OSD charter school governing board shall be authorized to make decisions about school finance, human capital, and curriculum and instruction for the opportunity school; provided, however, that the OSD Superintendent may direct school principals to make certain decisions under the intervention model in paragraph (2) of subsection (a) of this Code section. For such schools, the OSD Superintendent and staff shall provide appropriate training and support to develop effective leadership in such areas. (2) For opportunity schools under the intervention model in paragraph (1) of subsection (a) of this Code section, the OSD shall be authorized to have a direct role in making decisions about school finance, human capital, and curriculum and instruction for the opportunity school while developing the leadership capacity in such schools. (3) For opportunity schools under the intervention models in paragraphs (1) and (2) of subsection (a) of this Code section, the existing local school councils may remain FRIDAY, MARCH 27, 2015 2427 in place or may be reconstituted under the guidance of the opportunity school principal so long as they still meet the requirements in Code Section 20-2-86 regarding the composition of the council. The school council shall serve as an advisory board for the principal. (4) For opportunity schools under the intervention model in paragraph (3) of subsection (a) of this Code section, parents and advisory board members shall be eligible for consideration to fill specific roles on the governing board. (d) All opportunity schools shall remain open to enrollment in the same manner with the same attendance zone as prior to becoming an opportunity school. (e) An opportunity school may purchase services from the OSD, the local board of education, or an education service provider for routine student support and operational services for an opportunity school. The opportunity school shall solicit and preferentially consider qualified local contractors and service providers. The local board of education shall be required to cooperate fully with the opportunity school, whether under the control of the OSD or the State Charter Schools Commission, to make available at a reasonable cost all appropriate services requested. Such services may include, but are not limited to, transportation, cafeteria services, custodial services, alternative education, broadband, utilities, special education services, test administration services, and student information services. The local board of education shall be required to make immediately available to the opportunity school, at no cost, the student records for all students of that school. (f) Opportunity schools shall develop and provide for positive behavioral interventions and supports, which means an evidence based data-driven framework to reduce the disciplinary incidents, increase a school's sense of safety, and support improved academic outcomes through a multitiered approach, using disciplinary data and principles of behavior analysis to develop school-wide, targeted, and individualized interventions and supports. Additionally, opportunity schools shall develop and provide for response to intervention, which means a framework of identifying and addressing the academic and behavioral needs of students through a tiered system. (g) Opportunity schools shall develop and provide for integrated student supports that target academic and nonacademic barriers to achievement and, where appropriate, shall form partnerships to implement proven or innovative strategies. (h) The OSD Superintendent or OSD charter school governing board shall select and hire the school principal for an opportunity school. Within the limits of the school budget, the school principal shall select staff members in accordance with guidance from the OSD or OSD charter school governing board. Before finalizing staffing recommendations, the principal, the OSD Superintendent, or the OSD charter school governing board shall interview all existing staff members at the qualifying school and review student growth and performance data for those staff members for whom it is available. The OSD or OSD charter school governing board shall have the authority to decide whether any leader, teacher, or staff member previously assigned to a qualifying school selected to become an opportunity school shall continue as an employee of the opportunity school. Any such employees retained shall become employees of the OSD 2428 JOURNAL OF THE SENATE or OSD charter school governing board, on the principal's recommendation, and be under their control. Any teacher subject to Code Section 20-2-942 who is not given the option to continue as an employee for the opportunity school shall remain an employee of the local board of education. The local board of education may determine whether or not to continue the employment of any teacher who is not given the option to continue as an employee for the opportunity school, subject to Code Section 20-2-942. Local boards of education may use the authority contained in Code Section 20-2-943 to reassign staff and in Code Section 20-2-948 to implement their reduction in force policy. 20-14-106. (a) For opportunity schools other than OSD charter schools, the OSD Superintendent shall set clear goals, empower and equip teachers and school leaders to meet the goals, and hold such teachers and school leaders accountable to meet the goals. The OSD Superintendent shall approve appropriate waivers for the qualifying school pursuant to subsection (d) of Code Section 20-14-103. (b) For opportunity schools that become OSD charter schools, the State Charter Schools Commission shall set such goals and hold such teachers and school leaders accountable. (c) The OSD Superintendent shall select, approve, or remove the school principal for opportunity schools and the governing board members for opportunity schools which become OSD charter schools. (d)(1) Each OSD charter school shall have a governing board that is involved in school-level governance of the school. The governing board shall be organized and operated as a nonprofit corporation under the laws of this state. The OSD charter school shall be a public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity. (2) The members of the governing board for an OSD charter school shall come from the community and shall meet the following qualifications: (A) Must be a United States citizen; (B) Must be a resident of Georgia; and (C) Must not be an employee of the opportunity school. (3) The OSD Superintendent, after soliciting and considering recommendations from the local legislative delegation, shall make the final selection of governing board members for OSD charter schools and shall ensure that the boards possess the financial, legal, and educational expertise needed to successfully run a school. (e) The OSD Superintendent shall enter into an agreement with the school principal, the OSD charter school governing board, or the local board of education regarding specific goals for each opportunity school related to higher academic outcomes for students, quality careers for graduates, safe and positive learning environments for children, parent and community engagement, and the efficient and effective use of taxpayer dollars. FRIDAY, MARCH 27, 2015 2429 20-14-107. (a) In an effort to ensure high quality charter petitions for opportunity schools seeking OSD charter school status, the OSD Superintendent shall: (1) Solicit, screen, and select or approve OSD charter school governing board members; and (2) Assist the OSD charter school governing board members in charter petition development and review; provided, however, that such assistance shall conclude upon approval by the State Charter Schools Commission of the opportunity school as an OSD charter school. (b) In an effort to provide opportunity schools seeking OSD charter school status with necessary support, the State Charter Schools Commission shall solicit, screen, and select education service providers, including independent consultants, education management organizations, charter management organizations, and other support organizations, that can partner with the OSD charter school governing boards to support or operate such OSD charter schools. (c) The State Charter Schools Commission shall establish a separate application cycle for opportunity schools seeking OSD charter school status. Such application cycle shall allow commission staff and commission members to evaluate the needs of an opportunity school, match them with an education service provider, and work with both parties to ensure the execution of a viable curricular model and educational program. (d) Upon renewing a state charter, an OSD charter school shall no longer be considered a part of the OSD but shall be subject to the terms of its charter and the provisions of Article 31A of Chapter 2 of this title. The local board of education shall be required to continue any and all facility use and service provision agreements previously in place with the OSD regarding any such OSD charter school as long as the OSD charter school continues to operate in that facility. (e) If an opportunity school is not approved or renewed by the State Charter Schools Commission as an OSD charter school, the school shall remain under or return to the supervision of the OSD, and the OSD Superintendent shall reevaluate the school's performance and determine the appropriate intervention pursuant to subsection (a) of Code Section 20-14-105 for the school. If an initial charter petition by an opportunity school to become an OSD charter school is denied by the State Charter Schools Commission, the opportunity school may submit another charter petition in a subsequent cycle. If a renewal charter petition by an opportunity school to continue as an OSD charter school is denied by the State Charter Schools Commission at the end of its initial term, the governing board of the school may not elect to seek approval from the local board of education as a local charter school. 20-14-108. (a) Facilities of qualifying schools that are transferred to the supervision of the OSD as opportunity schools shall come under the control of the OSD. The OSD Superintendent may assign the facility for use by an OSD charter school governing board to operate the opportunity school. The OSD or the OSD charter school governing board shall be 2430 JOURNAL OF THE SENATE responsible for paying the pro-rata bond indebtedness of the school. The contents of the facility, including but not limited to textbooks, technology, media resources, instructional equipment, and all other resources shall remain with the facility and be available for use by the opportunity school. In the event that the OSD Superintendent closes a qualifying school, the local board of education shall not use the facility to open a school with the same grade span or attendance zone that is substantially the same for three years. (b) The OSD or OSD charter school governing board shall be responsible for the routine maintenance and repair of the facilities and property, such that they are maintained in the same manner prior to the school's transition to the OSD. The OSD or OSD charter school governing board shall be responsible for reasonable costs for all utilities at an opportunity school as provided in subsection (d) of Code Section 20-14105. (c) The local board of education shall continue to be responsible for extensive repairs, as determined by the State Properties Commission, to buildings or facilities considered capital expenses. Any fixtures, improvements, or tangible assets added to a school building or facility by the OSD while the school is an opportunity school shall remain with the school building or facility upon its return to the control of the local board of education pursuant to Code Section 20-14-109. 20-14-109. (a) An opportunity school shall remain under the supervision of the OSD for a minimum of five consecutive years or, for an OSD charter school, for the term of the initial charter for such school; provided, however, that if an opportunity school earns, for three consecutive years, a rating above an F pursuant to Code Section 20-14-104, it shall be removed from the OSD. If an opportunity school that becomes an OSD charter school that subsequently earns a rating above an F for three consecutive years, it shall no longer be subject to the oversight of the OSD but shall remain under the authority of the State Charter Schools Commission and shall operate according to the terms of its charter. (b) An opportunity school shall remain under the supervision of the OSD for no more than ten years. Renewal of a charter for an opportunity school shall result in the exit of the school from the OSD. For other opportunity schools, the OSD Superintendent shall engage the school, the school community, and the school's local board of education in a negotiation to determine the best transition plan for the school to leave the supervision of the OSD. (c) An opportunity school that becomes an OSD charter school shall work with the State Charter Schools Commission to renew and continue an effective charter or, if ineffective as a charter school, shall return to the governance of the OSD. If a successful OSD charter school does not wish to remain under the authorization of the State Charter Schools Commission for a subsequent charter term after demonstrating effective performance, the State Charter Schools Commission and the OSD shall coordinate the development of a transition plan back to the governance of the local FRIDAY, MARCH 27, 2015 2431 board of education, which may include, but is not limited to, approval by the local board of education as a local charter school. 20-14-110. (a) The OSD shall be treated as a single local education agency; provided, however, that opportunity schools that are OSD charter schools shall be treated individually as single local education agencies in accordance with Code Section 20-2-2090. The State Charter Schools Commission shall annually provide an analysis of the performance of opportunity schools that are OSD charter schools. The commission shall work with the OSD Superintendent to determine additional assistance that may be needed to improve the performance of the school. (b) The OSD shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (1) of subsection (a) of Code Section 20-14-105. The local board of education shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (2) of subsection (a) of Code Section 20-14-105. OSD charter schools shall be subject to data reporting in accordance with Code Section 20-2-2090. For all opportunity schools, the entity responsible for data reporting shall comply with the requirements of Code Section 20-2-740. 20-14-111. (a) Funding for an opportunity school shall be an amount equal to the sum of: (1) QBE formula earnings, QBE grants, and federal grants earned by the school based on the school's enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development and shall include the portion of funds that are calculated as the local five mill share pursuant to Code Section 20-2-164; (2) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (3) An amount determined by OSD for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the school is located. (b) The OSD may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each opportunity school for use in administering the duties required pursuant to this article; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the OSD in performing the duties required by this article. For opportunity schools that are OSD charter schools, the 3 percent withheld shall be shared equally between the OSD and the State Charter Schools Commission for the initial term of the charter. (c) The total allotment of state and federal funds to the local school system in which an 2432 JOURNAL OF THE SENATE opportunity school is located shall be calculated as otherwise provided in Article 6 of Chapter 2 of this title with an ensuing reduction equivalent to the amount of funds appropriated to the opportunity schools pursuant to paragraph (3) of subsection (a) of this Code section. (d) Opportunity schools that become OSD charter schools and subsequently exit the OSD shall continue to be eligible for the same level of funding provided for in this Code section that they were eligible for while under the authority of the OSD. (e) The General Assembly may appropriate additional funds to be allocated among the opportunity schools within the OSD at the discretion of the OSD Superintendent for necessary and innovative purposes. In addition, private funds may be solicited and accepted by the OSD to support opportunity schools. 20-14-112. (a) The State Board of Education is authorized to waive specifically identified State Board of Education rules, regulations, policies, and procedures, or provisions of Chapter 2 of this title for schools on warning, schools on probation, and qualifying schools not selected as opportunity schools. The goal for each waiver shall be improvement of student performance. Notwithstanding subsection (g) of Code Section 20-2-244, the State Board of Education is authorized to waive the provisions referenced in paragraphs (1) through (4) of subsection (g) of Code Section 20-2-244 for schools on warning, schools on probation, and qualifying schools not selected as opportunity schools and is also authorized to waive any other state board rule, regulation, policy, procedure, or provision of Chapter 2 of this title for such schools pursuant to Code Section 20-2-244. Any waivers granted pursuant to this subsection may be renewable annually based on student performance. The State Board of Education shall coordinate with the OSD Superintendent in determining appropriate waivers for a qualifying school that was not selected as an opportunity school to enable school improvement services and technical assistance by the department pursuant to subsection (b) of this Code section. The State Board of Education shall communicate to the OSD Superintendent any waivers granted to a school on warning or a school on probation. Any waivers granted pursuant to this subsection shall not preclude the school from being selected in subsequent years for inclusion in the OSD. (b) The Department of Education shall provide school improvement services and technical assistance to schools on warning, schools on probation, and qualifying schools not selected for intervention by the OSD Superintendent pursuant to this article which may include, but is not limited to, appointing a Department of Education school improvement team to: (1) Conduct a comprehensive on-site evaluation of the school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (2) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student FRIDAY, MARCH 27, 2015 2433 achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (3) Assist in the development of an intensive school improvement plan focused on student achievement; and (4) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement. 20-14-113. This article shall be applicable beginning with school year 2017-2018." SECTION 2. Said chapter is further amended by repealing Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, master or management team, school improvement team, annual reports, data revision, and hearings. SECTION 3. Code Section 20-2-84 of the Official Code of Georgia Annotated, relating to the accountability, flexibility, and consequences components of contracts, is amended by revising paragraph (1) of subsection (c) as follows: "(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" SECTION 4. Code Section 20-2-186 of the Official Code of Georgia Annotated, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, is amended by revising subsection (c) as follows: "(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education or the office pursuant to their respective authority." SECTION 5. Code Section 20-2-2068 of the Official Code of Georgia Annotated, relating to termination of a charter for a charter school, is amended by revising subparagraph (a)(2)(A) as follows: 2434 JOURNAL OF THE SENATE "(A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41 any intervention prescribed by the state board pursuant to the charter;" SECTION 6. (a) This Act shall become effective on January 1, 2017, only if an amendment to the Constitution is ratified at the November, 2016, general election expressly allowing the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017. SECTION 7. 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 133. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch N Harbin N Harbison Y Harper E Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk E Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock N Parent Ramsey N Rhett N Seay Y Shafer E Sims Y Stone N Tate Y Thompson, B Thompson, C E Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 33, nays 16; the motion prevailed, and the Senate agreed to the House substitute to SB 133. The following bill was taken up to consider House action thereto: FRIDAY, MARCH 27, 2015 2435 SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend the committee substitute to SB 101 (LC 40 0835S) by replacing lines 62 through 78 with the following: (C) On or before December 31, 2015, the board shall promulgate rules and regulations that: (i) Contain criteria for the grant or denial by the director of requests for variances pursuant to this paragraph, including where an alteration within the buffer area has been authorized pursuant to a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; and (ii) Provide for variances by rule, subject to specified conditions, for certain categories of activities within the buffer that will have minimal impact on the water quality or aquatic habitat of the adjacent marsh, including where the area within the buffer is not more than 500 square feet; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. Senator Watson of the 1st moved that the Senate agree to the House amendment to SB 101. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer E Sims Y Stone 2436 JOURNAL OF THE SENATE Y Davenport Y Dugan Y Fort Y Ginn N Gooch Y Harbin Y Harbison Y Harper E Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk E Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tate Y Thompson, B Y Thompson, C E Tippins Y Tolleson Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 101. The following bill was taken up to consider House action thereto: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; 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 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for utility relocation costs associated with certain surface transportation projects; to provide for limitations on FRIDAY, MARCH 27, 2015 2437 former public employees when negotiating contracts for surface transportation projects; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the formation of a metropolitan planning process for the Atlanta Urbanized Area and Atlanta Air Quality region; 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 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, is amended by revising paragraphs (17) and (19) through (22) and adding two new paragraphs to Code Section 36-61-2, relating to definitions, as follows: "(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area or portion thereof, in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen or increase density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities or improvements, including, but not limited to, surface transportation projects; (C) Installation, construction, or reconstruction of streets, transit facilities and improvements, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan." "(19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, transit facilities, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other public facilities and improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban 2438 JOURNAL OF THE SENATE redevelopment plan. (20) 'Sponsoring local government' means the municipality or county which approves and is, directly or indirectly, providing the greatest percentage of the public funding, exclusive of federal funding, for a surface transportation project. (21) 'Surface transportation project' means a project for public improvement and any related public facilities which is planned to impact 10,000 or more acres and at least ten transit miles within the area of operation of the sponsoring local government, including any related facilities, systems, parks, trails, streets, greenspace, and any other integrated public or private development features included within any adopted infrastructure or transportation plan, urban redevelopment plan, strategic implementation plan, redevelopment plan, workable programs, or comprehensive plans. Surface transportation projects may be undertaken under this chapter in areas proximate to, but lying outside of, a designated urban redevelopment area, without regard to any requirement that the area be a blighted area, but only within the territorial limits of the sponsoring local government, provided that: (A) The majority of the applicable surface transportation project is located within one or more urban redevelopment areas; (B) The elements of such surface transportation project lying outside of one or more urban redevelopment areas are a functional component of a redevelopment plan authorized under the provisions of Chapter 44 of this title or a comprehensive development plan adopted in accordance with the rules of the Department of Community Affairs under Chapter 8 of Title 50; (C) The sponsoring local government determines that the elements of the surface transportation project lying outside of one or more urban redevelopment areas are essential to the full implementation of such project, which legislative determination shall be deemed conclusive; and (D) The location of such surface transportation project is wholly within a county or counties that have approved a referendum pursuant to Section 24 of an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (22) 'Urban redevelopment area' means a slum area which the local governing body designates as appropriate for an urban redevelopment project. (21)(23) 'Urban redevelopment plan' means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall: (A) Conform to the general plan for the municipality or county as a whole; and (B) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban redevelopment area; zoning and planning changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (22)(24) 'Urban redevelopment project' may include undertakings or activities of a FRIDAY, MARCH 27, 2015 2439 municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums and may involve slum clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, the implementation of public improvements, including, but not limited to, surface transportation projects, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such the following purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities." SECTION 2. Said chapter is further amended by revising Code Section 36-61-4, relating to the encouragement of private enterprise in urban redevelopment, as follows: "36-61-4. (a) A municipality or county, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. A municipality or county shall give consideration to this objective in exercising its powers under this chapter, including: the formulation of a workable program; the approval of urban redevelopment plans consistent with the general plan for the municipality or county; the adoption and enforcement of ordinances as provided for in Code Section 36-61-11; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements. (b) Notwithstanding anything in this chapter or other provisions of law to the contrary, and in order to give effect to the encouragement of private enterprise contemplated in this Code section, the following shall apply to contracts and agreements for surface transportation projects entered into pursuant to this chapter: (1) In addition to other methods of procurement authorized by law, the sponsoring local government, urban redevelopment agency, or other governing body shall be 2440 JOURNAL OF THE SENATE authorized to utilize the procedures of this chapter to provide for the planning, design, finance, construction, acquisition, leasing, operation, and maintenance of surface transportation projects. The provisions of this chapter shall be an alternative to such other methods to be exercised at the option of each sponsoring local government or public body; (2) One or more public bodies may participate in the consideration and implementation of a surface transportation project at the discretion of the sponsoring local government. Where more than one public body agrees to participate in the consideration or implementation of a surface transportation project, the participants may designate one or more representatives of each such participating public body, as agreed to by the sponsoring local government or the urban redevelopment agency; (3)(A) An urban redevelopment agency designated by the sponsoring local government may evaluate a project to determine the appropriate or desirable levels of public and private participation in planning, designing, financing, constructing, operating, maintaining, or facilitating, or any combination thereof, for the execution of such project. Such urban redevelopment agency may designate a public nonprofit, private corporation, body, or entity to perform this function and to otherwise perform the activities contemplated in this Code section. (B) A sponsoring local government or an urban redevelopment agency shall be authorized to issue, individually or in sequenced stages, written requests for expressions of interest, qualifications, or proposals, or any combination thereof, or other similar methods of procurement or solicitation. Such requests shall indicate the scope of the project, the proposed public and private financial participation in the project, including, but not limited to, the rights, responsibilities, obligations, revenue sharing features, any lease, license, availability or other payment rights, and any other allocations of interests and federal and state income tax benefits in respect of real and personal property relating to a project. Such requests shall include the factors to be used in evaluating responses, the relative importance of any applicable evaluation factors, and other contractual terms and conditions expected, including any unique capabilities or qualifications that will be required of respondents, as determined in the sole discretion of the designated representative of the sponsoring local government. Public notice of such requests shall be made at least 30 days prior to the date set for the release of said request by posting a legal notice on the websites and weekly in the legal organ of the sponsoring local government and the public body implementing the project, in substantially the same manner utilized by such public bodies in order to solicit requests for proposals, with a copy of such notice provided simultaneously to each affected public body. (C)(i) The public body implementing the project and the sponsoring local government, with the participation of any designated representatives of other participating public bodies as determined by the sponsoring local government, may engage in individual discussions and interviews with each respondent deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private FRIDAY, MARCH 27, 2015 2441 financial participation as called for in such request. Repetitive interviews may be conducted. Any such interviews shall be deemed to be a part of the procurement process. (ii)(I) At the conclusion of the final stage, on the basis of evaluation factors published in the request and all information developed in the selection process, the public body implementing the surface transportation project, in an open and public meeting subject to the provisions of Chapter 14 of Title 50, shall rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. (II) After ranking the proposals, the public body implementing the project shall begin negotiations with the first ranked private entity. If such public body and first ranked private entity do not reach a comprehensive agreement or interim agreement, such public body may conduct negotiations with the next ranked private entity. Such process shall continue until such public body either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. Negotiations conducted with one or more selected respondent pursuant to this Code section shall continue to be deemed an active procurement until the execution of the final, definitive agreement with the selected respondent or respondents. (iii) The public body implementing the project shall select for approval the respondent offering the most satisfactory and advantageous contract terms for the project based upon a thorough assessment of any one or more of the following: experience and reputation with similar projects; engineering and design quality; value; projected savings during, before, or after construction; and the ability of the final project's characteristics to meet the goals of the sponsoring local government, consistent with applicable plans and programs. The fair market value of any property included as a part of the procurement may be based on the consideration of the above factors, but it shall not be less than the initial cost to obtain the property. Before making such selection, the designated representative shall consult in an open and public meeting subject to the provisions of Chapter 14 of Title 50 with the representatives of any participating local governing authority, participating local authority, participating state agency, department, or authority, and affected local government. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request, the implementing public body may award contracts to more than one respondent. Should the implementing public body determine in writing that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the other respondents under consideration, a contract may be negotiated and awarded to that respondent. (iv) Upon approval of the selection by the implementing public body, a contract or contracts not exceeding 50 years in duration may be entered into by the urban redevelopment agency or any one or more of the participating public bodies and the selected respondent or respondents. The private financial data or financial 2442 JOURNAL OF THE SENATE plans which qualify as trade secrets pursuant to Code Section 10-1-761 and paragraph (34) of subsection (a) of Code Section 50-18-72 provided by the respondents shall remain exempt from Code Section 50-18-72 during and after the conclusion of the related selection process. (D) A dispute over the award of a contract under this chapter shall be resolved by the filing of a petition in the superior court of the county in which the sponsoring local government is located within 30 days of the awarding of such contract and shall be determined through the use of a special master appointed by the judge of the superior court of the county in which the sponsoring local government is located. The special master shall not be authorized to enjoin or otherwise delay or suspend the execution of the contract and any work to be performed under such contract. The decision of the special master with regard to such dispute shall be appealable for a de novo review to the superior court of the county in which the sponsoring local government is located within 30 days following the decision of the special master. (E) Nothing in this chapter shall require the designated representatives, the sponsoring local government, the implementing public body, or any participating public body to continue negotiations or discussions arising out of any request or any other procurement initiated under the provisions of this Code section. (F) Every public body shall be authorized to promulgate reasonable rules and regulations to assist in its evaluation of responses and to implement the purposes of this chapter; provided, however, that unsolicited proposals shall not be permitted; (4) No public officer, employee, or member of any participating public body, with respect to contracts of such public body, or the General Assembly shall serve as an agent, lobbyist, or board member for any private entity directly or indirectly under a contract or negotiating a contract provided for by this chapter for one year after leaving his or her position as a public officer, employee, or member of the public body or the General Assembly; (5) Contracts entered into with a private enterprise in respect to the design, construction, operation, financing, or management of the public components of a surface transportation project shall not constitute the acquisition of property for a private use, nor shall such contracts be deemed a sale, lease, or other disposition of the related interests in property under any provisions of this chapter or other provision of applicable law, and such public components of a surface transportation project shall be deemed a public use for all purposes under applicable provisions of law, including, without limitation, Code Sections 36-61-9 and 36-61-10; and (6) If a surface transportation project requires the relocation of a utility, as defined by paragraph (30) of Code Section 32-1-3, the public body implementing such project shall bear the costs to relocate the utility." SECTION 3. Said chapter is further amended by revising Code Section 36-61-6, relating to formulation of a workable program for urban redevelopment, as follows: FRIDAY, MARCH 27, 2015 2443 "36-61-6. For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of slums into areas of the municipality or county which are free from slums, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum areas or portions thereof by replanting, removing congestion, providing parks, playgrounds, and other public improvements, including without limitation surface transportation projects, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas or portions thereof." SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 36-61-10, relating to the disposal of property in a redevelopment area, as follows: "(b)(1) A municipality or county may dispose of real property in an urban redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe, or as are provided in this subsection or, solely with respect to and for the benefit of advancing surface transportation projects, as provided in Code Section 36-61-4. A municipality or county, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under this Code section, may invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban redevelopment area or any part thereof. The notice shall identify the area or portion thereof and shall state that such further information as is available may be obtained at such office as shall be designated in the notice. The municipality or county shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the municipality or county in the urban redevelopment area. The municipality or county may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter. The municipality or county may execute contracts in accordance with subsection (a) of this Code section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contracts." 2444 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended by revising Code Section 36-61-12, relating to the issuance of bonds for urban redevelopment projects, as follows: "36-61-12. (a) A municipality or county shall have power to issue bonds, in its discretion, from time to time, to finance the undertaking of any urban redevelopment project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects and shall also have power to issue refunding bonds for the payment of retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality or county derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this chapter; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban redevelopment projects of the municipality or county under this chapter, and by a mortgage of any such urban redevelopment projects or any part thereof, title to which is in the municipality or, county, or redevelopment agency. (b) Bonds issued under this Code section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (c) Bonds issued under this Code section shall be authorized by resolution or ordinance of the local governing body. They may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by the resolution of the local governing body or by the trust indenture or mortgage issued pursuant thereto. (d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality or county may determine or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the federal government or to an institution insured by an agency of the federal government at private sale at not less than par and, in the event that less than all of the authorized principal amount of such bonds is sold to the federal government or to an institution insured by an agency of the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality or county, such FRIDAY, MARCH 27, 2015 2445 cost not to exceed the interest cost to the municipality or county of the portion of the bonds sold to the federal government or to an institution insured by an agency of the federal government. All revenue bonds, but not notes or other obligations, issued under this Code section shall be issued and validated under and in accordance with the procedure set forth in Article 3 of Chapter 82 of this title. The provisions of any resolution or ordinance authorizing the issuance of bonds under this Code section shall be a contract with every holder of such bonds and enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (e) If any of the public officials of the municipality or county whose signatures appear on any bonds or coupons issued under this chapter cease to be such officials before the delivery of the bonds, such signatures, nevertheless, shall be valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality or county in connection with an urban redevelopment project, as defined in paragraph (22)(24) of Code Section 36-612, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with this chapter. (g) Any urban redevelopment agency or housing authority which a municipality or county has elected to exercise powers under Code Section 36-61-17 may also issue bonds, as provided in this Code section, in the same manner as a municipality or county, except that such bonds shall be authorized and the terms and conditions thereof shall be prescribed by the commissioners of such urban redevelopment agency or housing authority in lieu of the local governing body." SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 36-61-14, related to property exempt from taxes and from levy and sale by virtue of an execution, as follows: "(b) The property of a municipality, or county, or any other public body, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. Such tax exemption shall terminate when the municipality or county sells, leases, or otherwise disposes of property in an urban redevelopment area to a purchaser or lessee who or which is not a public body." SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 36-61-16, relating to cooperation by public bodies, as follows: 2446 JOURNAL OF THE SENATE "(a) For the purpose of aiding in the planning, undertaking, or carrying out of an urban redevelopment project located within the area in which it is authorized to act, any public body, upon such terms, with or without consideration, as it may determine, may: (1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality or county; (2) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this Code section; (3) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban redevelopment plan; (4) Lend, grant, or contribute funds to a municipality or county; (5) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or county or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban redevelopment project and other provisions allocating legal responsibility for matters arising under or in connection with transactions entered into pursuant to Code Section 36-61-4; and (6) Cause public buildings and public facilities, including parks, trails, greenspace, playgrounds, recreational, community, education, transit, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places; plan, replan, zone, or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality or county. If at any time title to or possession of any urban redevelopment project is held by any public body or governmental agency, other than the municipality or county, which is authorized by law to engage in the undertaking, carrying out, or administration of urban redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this subsection shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the terms 'municipality' and 'county' shall also include an urban redevelopment agency or a housing authority vested with all of the urban redevelopment project powers pursuant to Code Section 36-61-17." SECTION 8. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read as follows: "ARTICLE 12 50-8-280. (a) Contiguous local governments within which lie designated portions of the Atlanta Urbanized Area, as defined in 23 U.S.C. Section 101(a)(37), or air quality FRIDAY, MARCH 27, 2015 2447 nonattainment areas, as identified under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., shall participate in a metropolitan transportation planning process through a metropolitan planning organization established by one or more units of government, or through a metropolitan planning process established through their area regional commission. (b) The metropolitan transportation and air quality planning area for each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall be defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (c) Any unit of government that is participating as a limited member of a metropolitan area planning and development commission for transportation purposes and is located outside the planning area defined by paragraph (1) of subsection (f) of Code Section 508-4 shall be authorized, on or after July 1, 2015, to designate the local area regional commission to serve as the metropolitan planning organization. (d) Any unit of government that is not participating as a limited member of a metropolitan area planning and development commission for transportation purposes shall continue to perform metropolitan planning in accordance with 23 U.S.C. Section 134. (e) Regional commissions and metropolitan area planning and development commissions shall be provided funding by the appropriate state and regional entities to develop a comprehensive transportation and air quality plan for affected local governments within the Atlanta Urbanized Area as defined by the United States Census Bureau and further defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (f) Each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall establish a policy board that shall govern the transportation and air quality planning process for all affected areas, approve plans, and have equal voting representation from affected local governments. (g) In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, the laws defined in this Code section shall control and shall govern the metropolitan transportation planning area funding and planning responsibilities." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Gooch of the 51st asked unanimous consent that the Senate disagree to the House substitute to SB 4. The consent was granted, and the Senate disagreed to the House substitute to SB 4. The following message was received from the House through Mr. Reilly, the Clerk thereof: 2448 JOURNAL OF THE SENATE Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 857. By Representatives Dickson of the 6th, Broadrick of the 4th and Meadows of the 5th: A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Tuesday, March 31, 2015; the motion prevailed, and at 4:56 p.m. the President announced the Senate adjourned. TUESDAY, MARCH 31, 2015 2449 Senate Chamber, Atlanta, Georgia Tuesday, March 31, 2015 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 245. By Senators Jeffares of the 17th, Mullis of the 53rd, Millar of the 40th and Harper of the 7th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide for access to opioid analgesics with abuse-deterrent properties; to provide for definitions; to provide for coverage as a preferred drug; to provide for utilization management; to provide for legislative findings; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SB 246. By Senators Hill of the 32nd, Hill of the 6th, Thompson of the 14th and Crane of the 28th: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide for the creation of a Scrutinized Company List; to require that boards administering public retirement funds of this state identify all companies in which public funds are invested that are doing certain types of investments in Iran; to provide for related matters; to provide for legislative findings; to provide for definitions; to provide conditions for an effective date and automatic repeal; to provide for immunity; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. 2450 JOURNAL OF THE SENATE SR 610. By Senator James of the 35th: A RESOLUTION commending Rashad Richey; and for other purposes. Referred to the Committee on Rules. The following House legislation was read the first time and referred to committee: HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Stephens of the 165th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes. Referred to the Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Rules has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 609 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 514 HB 632 HB 644 HB 652 HB 656 HB 668 Do Pass by substitute Do Pass Do Pass Do Pass by substitute Do Pass Do Pass HB 596 HB 643 HB 651 HB 655 HB 664 SB 209 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman TUESDAY, MARCH 31, 2015 2451 The following legislation was read the second time: SR 609 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 Rhett of the 33rd introduced the chaplain of the day, Dr. Ralph Steed of Powder Springs, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th introduced the doctor of the day, Dr. Brunilda Nazario. The following resolutions were read and adopted: SR 611. By Senator James of the 35th: A RESOLUTION commending Zoe Hollinshead; and for other purposes. SR 612. By Senator Bethel of the 54th: A RESOLUTION commending Bill Napier for inspiring young men for more than 30 years through his service as a football coach; and for other purposes. SR 613. By Senators Bethel of the 54th, Mullis of the 53rd, Gooch of the 51st and Millar of the 40th: A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes. SR 614. By Senators Henson of the 41st, Butler of the 55th, Jones of the 10th, Jackson of the 2nd, Unterman of the 45th and others: A RESOLUTION Congratulating Dr. Douglas B. Torbush for his successful 25 years in dentistry and commending him for his outstanding performance as president of the Georgia Dental Association; and for other purposes. SR 615. By Senators Williams of the 27th, Gooch of the 51st, Albers of the 56th, Hill of the 4th and Harper of the 7th: A RESOLUTION commending Lauren McDonald for his outstanding service to Forsyth County; and for other purposes. 2452 JOURNAL OF THE SENATE SR 616. By Senator Hill of the 4th: A RESOLUTION honoring the life and memory of Edna Gertrude Quinby Morgan; and for other purposes. SR 617. By Senator Burke of the 11th: A RESOLUTION congratulating the Seminole County Boys Basketball Team for their excellent performance at the GHSA Class AA State Championship game; and for other purposes. SR 618. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Mr. F. Floyd Hunter; and for other purposes. SR 619. By Senator Williams of the 19th: A RESOLUTION recognizing May as Ehlers-Danlos Syndrome Awareness Month; and for other purposes. HR 857. By Representatives Dickson of the 6th, Broadrick of the 4th and Meadows of the 5th: A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Study Committees, was put upon its adoption: SR 447 SENATE STUDY COMMITTEES/COMMISSIONS TUESDAY, MARCH 31, 2015 THIRTY-NINTH LEGISLATIVE DAY Joint Study Committee on School Construction; create (ED&Y-8th) SR 487 Senate Preventing Youth Substance Use Disorders Study Committee; create (H&HS-45th) SR 494 Effect on Georgia of Normalization of Relations with Cuba; Senate Study Committee (ED&T-26th) SR 507 Municipal Annexations and Incorporations; create Joint Study Committee (SLGO(G)-42nd) TUESDAY, MARCH 31, 2015 2453 SR 560 Senate Women's Adequate Healthcare Study Committee; create (H&HS-45th) SR 561 Consumer and Provider Protection Act (SB 158); Senate Study Committee (Substitute)(H&HS-11th) SR 564 School Construction; create Senate Study Committee (ED&Y-8th) SR 594 Senate Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders Study Committee; create (H&HS-29th) SR 609 Senate Annexation, Deannexation, and Incorporation Study Committee; create (RULES-42nd) HR 395 Joint Georgia-Alabama Study Committee; create (Substitute) (I COOP-12th) Greene-151st The President, with consent of the Senate, removed SR 447 and SR 507 from the Consent Calendar for Study Committees. The substitute to the following resolution was put upon its adoption: *SR 561: The Senate Committee on Health and Human Services offered the following substitute to SR 561: A RESOLUTION Creating the Senate Study Committee on the Consumer and Provider Protection Act (SB 158); and for other purposes. WHEREAS, independent primary care providers' practices often represent the bedrock of communities throughout Georgia; and WHEREAS, independent primary care providers are small employers and account for almost 100,000 jobs throughout the state, according to a 2012 study by the Carl Vinson Institute; and WHEREAS, independent primary care providers account for almost $1 billion in state and local revenue for the State of Georgia, according to a 2012 study by the Carl Vinson Institute; and 2454 JOURNAL OF THE SENATE WHEREAS, the health insurance industry is an essential element in health care that is beneficial to both the patient and primary care provider; and WHEREAS, health insurers often have a greater bargaining position than independent primary care providers do when it comes to negotiating contracts; and WHEREAS, primary care providers should be made aware of any new discounts that are presented through a rental network; and WHEREAS, primary care providers should be able to freely contract with an insurer to accept the types of insurance products that would be most beneficial to their patients and their business model; and WHEREAS, primary care providers should be able to rely on a negotiated contract with a health insurer without the possibility of the health insurer changing the terms of the contract; and WHEREAS, unilateral revisions to contracts are not prohibited but the proposed revisions should be presented in a timely manner, giving the other party to the agreement the opportunity to carefully review and make a determination as to whether they can accept the newly proposed terms; and WHEREAS, insurance companies often appeal to consumers by stating that their providers are participants in their networks; and WHEREAS, it is not uncommon that providers are sometimes not participants in a network and, in some instances, have never been participants in a certain network; and WHEREAS, during the 2015 regular session of the Georgia General Assembly, SB 158 was introduced to address such issues. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE: (1) Creation of Senate study committee. There is created the Senate Study Committee on the Consumer and Provider Protection Act (SB 158). (2) Members and officers. The committee shall be composed of four members of the Senate to be appointed by the President of the Senate. The President shall also appoint an additional six nonlegislative members of the committee as follows: (A) One physician representative from the Medical Association of Georgia; (B) One practice administrator who represents at least 500 physicians; (C) One dentist representative from the Georgia Dental Association; (D) One dental office manager or dental office insurance coordinator; (E) One consumer member; and (F) One health insurance industry representative. TUESDAY, MARCH 31, 2015 2455 The President shall designate one of the Senate members of the committee as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate, which shall include, but not be limited to, a review of the following: (A) Current practices and necessity for the regulation of rental networks; (B) Current practices and necessity of all-products clauses; (C) Incidence and prevalence of unilateral revisions in contracts with health care providers; and (D) Incidence and prevalence of incorrect data related to network adequacy. (4) Meetings. The chairperson shall call all meetings of the committee. 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. (5) Allowances, expenses, and funding. (A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) The nonlegislative members of the committee shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (C) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Secretary of the Senate. (D) In the absence of an approved report, the chairperson may file with the Secretary of the Senate copies of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015. 2456 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 51, nays 3, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *HR 395: The Senate Committee on Interstate Corporation offered the following substitute to HR 395: A RESOLUTION Creating the Joint Georgia-Alabama Study Committee; and for other purposes. WHEREAS, the General Assembly desires to promote cooperative working relationships between the State of Georgia and the State of Alabama, our neighbor to the west; and WHEREAS, the General Assembly desires to foster and encourage good will between the states of Georgia and Alabama; and WHEREAS, the General Assembly desires to provide a formal means for members of the Georgia House of Representatives, members of the Georgia Senate, and their counterparts from the State of Alabama to discuss and review issues that are common to both states and to seek common solutions to common problems. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: (1) Creation of joint study committee. There is created the Joint Georgia-Alabama Study Committee. (2) Members and officers. (A) The committee shall be composed of ten members. (B) The Speaker of the House of Representatives shall appoint five members of the House of Representatives whose districts abut any part of the boundary between the State of Georgia and the State of Alabama as members of the committee and shall designate one of such members as cochairperson. (C) The President of the Senate shall appoint five members of the Senate whose districts abut any part of the boundary between the State of Georgia and the State of Alabama as members of the committee and shall designate one of such members as cochairperson. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. To the extent practical, the committee shall coordinate its efforts with its counterpart TUESDAY, MARCH 31, 2015 2457 committee from the legislature of the State of Alabama. (4) Meetings. The cochairpersons shall call all meetings of the committee. 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. (5) Allowances and funding. (A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days annually unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and Senate. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the cochairpersons shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the cochairpersons shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the cochairpersons of the committee and filed with the Clerk of the House of Representatives and the Secretary of the Senate. (D) In the absence of an approved report, the cochairpersons may file with the Clerk of the House of Representatives and the Secretary of the Senate copies of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2016. On the adoption of the substitute, the yeas were 51, nays 3, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Senate Consent Calendar for Study Committees, a roll call was taken, and the vote was as follows: Albers Y Beach Y Bethel Y Black Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Orrock Y Parent Y Ramsey Y Rhett 2458 JOURNAL OF THE SENATE Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn N Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the legislation, the yeas were 51, nays 3. The legislation on the Senate Consent Calendar for Study Committees, except SR 561 and HR 395, having received the requisite constitutional majority, was adopted. SR 561 and HR 395, having received the requisite constitutional majority, were adopted by substitute. The following legislation, favorably reported by the committees, as listed on the Consent Calendar Expressing the Will of the Senate, was put upon its adoption: CONSENT CALENDAR EXPRESSING THE WILL OF THE SENATE TUESDAY, MARCH 31, 2015 THIRTY-NINTH LEGISLATIVE DAY SR 84 U.S. Congress; urged to enact significant reforms to the nation's federally financed graduate medical education programs (H&HS-11th) SR 329 Taiwan; commend (ED&T-21st) SR 449 United States Environmental Protection Agency (EPA); encouraged to withdraw the proposed Clean Power Plan (NR&E-51st) SR 462 U.S. Congress; urged to amend the Controlled Substances Act of 1970; authorize the study of medical marijuana (H&HS-23rd) SR 590 Clinical Research; encouraging the representation of diverse populations of different racial and ethnic backgrounds (S&T-2nd) TUESDAY, MARCH 31, 2015 2459 HR 304 HR 419 Georgia's technical schools, colleges and universities; expand gerontology and dementia education and training; encourage (H ED-1st) Cooper-43rd United States Congress; extend authorization for Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; encourage (NR&E-24th) Sims-123rd The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Consent Calendar Expressing the Will of the Senate, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent N Ramsey N Rhett Y Seay Y Shafer Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the legislation, the yeas were 47, nays 4. The legislation on the Consent Calendar Expressing the Will of the Senate, having received the requisite constitutional majority, was adopted. The following communications were received by the Secretary: March 31, 2015 2460 JOURNAL OF THE SENATE Due to business outside the Senate Chamber, I missed the vote on the Will of the Senate Consent Calendar. Had I been present, I would have voted yes. /s/ Harold V. Jones II District 22 March 31, 2015 I inadvertently voted NO on the Consent Calendar Expressing the Will of the Senate. Please reflect in the Journal that my intent was to vote YES. /s/ Ronald Ramsey District 43 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 31, 2015 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 209 Jackson of the 2nd Watson of the 1st CHATHAM COUNTY A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved April 4, 2012 (Ga. L. 2012, p. 4628), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 514 James of the 35th Millar of the 40th Albers of the 56th Crane of the 28th Hill of the 6th Beach of the 21st HB 596 HB 632 TUESDAY, MARCH 31, 2015 2461 Tate of the 38th Fort of the 39th Hill of the 32nd Orrock of the 36th CITY OF SOUTH FULTON IN FULTON COUNTY A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes. SUBSTITUTE Millar of the 40th Parent of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th Jones of the 10th Davenport of the 44th Henson of the 41st DEKALB COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Rhett of the 33rd Thompson of the 14th Hill of the 6th Tate of the 38th Hill of the 32nd James of the 35th Tippins of the 37th "SOUTH COBB DEVELOPMENT AUTHORITY ACT" A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes. 2462 HB 643 HB 644 HB 651 JOURNAL OF THE SENATE Tolleson of the 20th Kennedy of the 18th Lucas of the 26th CITY OF WARNER ROBINS A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th Kennedy of the 18th Lucas of the 26th CITY OF WARNER ROBINS A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes. Dugan of the 30th Heath of the 31st PAULDING COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to repeal conflicting laws; and for other purposes. HB 652 HB 655 HB 656 TUESDAY, MARCH 31, 2015 2463 Tolleson of the 20th Kennedy of the 18th PERRY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Hill of the 6th Albers of the 56th Beach of the 21st Crane of the 28th Millar of the 40th Hill of the 32nd Shafer of the 48th James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th MAGISTRATE COURT OF FULTON COUNTY A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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. Kirk of the 13th DODGE COUNTY A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, 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 related matters; to repeal conflicting laws; and for other purposes. 2464 JOURNAL OF THE SENATE HB 664 Harbin of the 16th CITY OF GRIFFIN A BILL to be entitled an Act to authorize the governing authority of the City of Griffin 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 668 Harbin of the 16th PEACHTREE CITY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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 514, 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/ Thompson of the 14th /s/ McKoon of the 29th Date: March 31, 2015 Pursuant to Senate Rule 4-2.9(b), HB 514 was removed from the Senate Local Consent Calendar and placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 652: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 652: A BILL TO BE ENTITLED AN ACT To create the Perry Public Facilities Authority; to provide for the appointment of members of such authority; to confer powers upon the authority; to authorize the issuance TUESDAY, MARCH 31, 2015 2465 of revenue bonds by the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; 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. Short title. This Act shall be known and may be cited as the "Perry Public Facilities Authority Act." SECTION 2. Perry Public Facilities Authority. (a) There is created a public body corporate and politic to be known as the "Perry Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of seven members. The mayor and councilmembers of the City of Perry shall each appoint one member whose term on the authority shall correspond with the term of the mayor or councilmember who appointed such member. (c) The members of the authority shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice-chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall have no voting rights. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. 2466 JOURNAL OF THE SENATE SECTION 3. Definitions. As used in this Act, the term: (1) "Authority" means the Perry Public Facilities Authority created by this Act. (2) "City council" means the city council of the City of Perry, Georgia, or similar body or person managing the affairs of the city. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, rights of way, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "City" means Perry, Georgia, and its successors. (5) "Project" means: (A) All buildings, facilities, equipment, and other real and personal property necessary or beneficial for the efficient operation of the city or any department, agency, division, or commission thereof; and (B) Any undertaking of the city permitted pursuant to the Revenue Bond Law. (6) "Revenue Bond Law" means the state's Revenue Bond Law as enacted in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act and the Revenue Bond Law. (8) "Self liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (9) "State" means the State of Georgia. SECTION 4. Powers. The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its TUESDAY, MARCH 31, 2015 2467 corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority; provided, however, no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, the city, and any other political subdivision or municipality of the state are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, dispose of, and sell projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or 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; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow funds for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness and the power to enter into interest rate swaps, forward purchase agreements, repurchase agreements, and other similar agreements; 2468 JOURNAL OF THE SENATE (12) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5. Revenue bonds. The authority, or any entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds by the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. SECTION 6. Revenue bonds; form; denomination; registration; place of payment. The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of such revenue bonds. The revenue bonds may be issued in registered form, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon. SECTION 7. Revenue bonds; signatures; seal. All revenue bonds shall bear the manual or facsimile signature of the chairperson or vicechairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of TUESDAY, MARCH 31, 2015 2469 such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. SECTION 8. Revenue bonds; negotiability; exemption from taxation. All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer and the income therefrom shall be exempt from all taxation within the state. The authority shall be exempt from all taxation within the state in the same manner and to the same extent that the city is exempt from such taxes. SECTION 9. Revenue bonds; sale; price; proceeds. The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. SECTION 10. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, exchangeable for definitive revenue bonds upon the issuance of the latter. SECTION 11. Revenue bonds; replacement of lost or mutilated bonds. The authority may provide for the replacement of any revenue bonds which shall become mutilated or be destroyed or lost. SECTION 12. Revenue bonds; conditions precedent to issuance. The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self liquidating. Any resolution providing for the 2470 JOURNAL OF THE SENATE issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage. Any such resolution may be passed by a majority of the authority's members at any regular or special meeting that is duly advertised by the authority pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated. SECTION 13. Credit not pledged. Revenue bonds shall not be deemed to constitute a debt of the city nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority. SECTION 14. Trust indenture as security. In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding, and application of all monies. SECTION 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person, or any agency, bank, or trust company, who shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide. TUESDAY, MARCH 31, 2015 2471 SECTION 16. Sinking fund. The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall fall due; the principal or purchase price of such revenue bonds as the same shall fall due; any premium upon such revenue bonds as the same shall fall due; the purchase of such revenue bonds in the open market; and the necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. SECTION 17. Remedies of bondholders. Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished. SECTION 18. Validation. Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any city, municipality, school district, or other political 2472 JOURNAL OF THE SENATE subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants. SECTION 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the superior court of Houston County, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 20. Interest of bondholders protected. While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds. SECTION 21. Monies received considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 22. Purpose of the authority. Without limiting the generality of any provision of this Act, the public purpose of the authority is declared to be that of providing public buildings, facilities, equipment, and other real and personal property for the citizens in the city. TUESDAY, MARCH 31, 2015 2473 SECTION 23. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations, all or any part of the revenues. SECTION 24. Rules, regulations, service policies, and procedures for operation of projects. It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws. SECTION 25. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the city when in the performance of their public duties or work of the city. SECTION 26. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, city, or the state and any political subdivision thereof. SECTION 27. Effect on other governments. This Act shall not and does not in any way take from the city or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law. 2474 JOURNAL OF THE SENATE SECTION 28. Earnings and dissolution. The earnings of the authority shall not inure to the benefit of private persons. Upon dissolution of the authority, title to all property of the authority shall revert to the city. SECTION 29. Liberal construction of Act. This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act. SECTION 30. Severability; effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. SECTION 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 32. 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 4, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Orrock Y Parent Y Ramsey Y Rhett TUESDAY, MARCH 31, 2015 2475 Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath N Henson Y Hill, H Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the local bills, the yeas were 47, nays 4. The bills on the Local Consent Calendar, except HB 652, having received the requisite constitutional majority, were passed. HB 652, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 I inadvertently voted NAY on the Local Consent Calendar. Please reflect in the Journal that my intent was to vote YEA. /s/ Horacena Tate District 38 The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Tuesday, March 31, 2015 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 2476 JOURNAL OF THE SENATE HB 514 James of the 35th Millar of the 40th Albers of the 56th Crane of the 28th Hill of the 6th Beach of the 21st Tate of the 38th Fort of the 39th Hill of the 32nd Orrock of the 36th CITY OF SOUTH FULTON IN FULTON COUNTY A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes. SUBSTITUTE Senator McKoon of the 29th moved that HB 514 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: Albers Y Beach N Bethel Y Black Burke Y Butler N Cowsert Y Crane N Davenport N Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson N Hill, H N Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Jones, B Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas N Martin Y McKoon N Millar Y Miller Mullis Y Orrock Y Parent N Ramsey N Rhett Y Seay Y Shafer Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the motion, the yeas were 34, nays 11; the motion prevailed, and HB 514 was placed on the Table. TUESDAY, MARCH 31, 2015 2477 The following communication was received by the Secretary: March 31, 2015 I inadvertently voted yes on the motion to table HB 514. Please reflect in the Journal that my intent was to vote NO. /s/ Butch Miller District 49 The following legislation, favorably reported by the committee, as listed on the Senate Consent Calendar for Commemorative Resolutions, was put upon its adoption: SENATE CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS TUESDAY, MARCH 31, 2015 THIRTY-NINTH LEGISLATIVE DAY HR 519 Mixon, Mr. Harry; Mr. Brad Dorminy; name building in their honor; recognize (SI&P-7th) Roberts-155th The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Senate Consent Calendar for Commemorative Resolutions, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2478 JOURNAL OF THE SENATE Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the adoption of the legislation, the yeas were 53, nays 0. The legislation on the Senate Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority was adopted. Senator Cowsert of the 46th moved to engross HB 20, HB 63, HB 94, HB 221, HB 234, HB 275, HB 308, HB 312, HB 319, HB 339, HB 374, HB 408, HB 426, HB 428, and HB 464, which were on today's Senate Rules Calendar. On the motion, there was no objection; the motion prevailed, and the bills were engrossed. SENATE RULES CALENDAR TUESDAY, MARCH 31, 2015 THIRTY-NINTH LEGISLATIVE DAY HR 215 Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate (TRANS-51st) Ralston-7th HB 429 Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; provide (Substitute)(I&L-54th) Stephens-164th HB 192 Local government; counties, municipal corporations, school districts, and consolidated governments be reimbursed for expenses only through submission of expense reimbursement requests; provisions (Substitute) (SLGO(G)-53rd) Powell-32nd HB 279 Public officers and employees; annual salaries of Supreme Court Justices, Court of Appeals, superior court judges and district attorneys; repeal provisions (Substitute)(APPROP-54th) Powell-171st HB 322 Foreclosure; provide for recording of deeds under power within a certain time after sale; provisions (Substitute)(Sen fl amend 1)(JUDY-54th) Strickland-111th HB 118 Drivers' licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions (PUB SAF-7th) Tanner-9th HB 147 HB 70 HB 162 HB 428 HB 185 HB 566 HB 85 HB 552 HB 461 HB 72 HB 308 HB 412 HB 98 TUESDAY, MARCH 31, 2015 2479 Motor vehicles; initial two-year registration period for certain vehicles; provide (PUB SAF-53rd) Powell-32nd State symbols; designate gray fox as official state mammal (Substitute) (GvtO-15th) Hugley-136th Insurance; provide for insurance compliance self-evaluative privilege; provisions (Substitute)(I&L-9th) Shaw-176th Sales and use tax; materials to be used in certain construction projects of zoological institutions; extend exemption (Substitute)(FIN-53rd) Stephens-164th Insurance; Standard Valuation Law; extensively revise (Substitute) (I&L-25th) Shaw-176th State house districts; boundaries of certain districts; revise (R&R-46th) Nix-69th Alcoholic beverages; sale or furnishing to patients or inmates of Central State Hospital and sale or possession near or upon the grounds; change certain provisions (RI&U-25th) Harrell-106th Insurance; provide changes to the captive insurance company provisions; add definitions (Substitute)(I&L-9th) Williamson-115th Secondary metals recyclers; buying and selling regulated metal property; change certain provisions (Substitute)(RI&U-45th) Shaw-176th Crimes and offenses; protection of disabled adults and elder persons; expand and clarify (Substitute)(H&HS-45th) Willard-51st Income tax; revise tax credit for rehabilitation of historic structures; provisions (Substitute)(FIN-32nd) Stephens-164th Workers' compensation; change certain provisions (I&L-9th) Hamilton-24th Appellate courts; provide direct appeals and appeals requiring an application for appeals pertaining to courts-martial; provisions (JUDY-6th) Coomer-14th 2480 HB 94 HB 123 HB 99 HB 190 HB 233 HB 234 HB 502 HB 470 HB 475 HB 464 HB 3 HB 209 HR 36 HB 110 JOURNAL OF THE SENATE Ad valorem tax; certain members of armed forces from penalties for failure to timely pay tax; exempt (FIN-50th) Williams-119th Motor vehicles; use of safety chain or cable when operating a motor vehicle drawing a trailer; provide (PUB SAF-17th) Yates-73rd Property; joint tenants divorce or have marriage annulled under certain circumstances; provide tenancy in common (JUDY-19th) Lumsden-12th Insurance; provide requirements for transportation network companies and their drivers; provisions (Substitute)(I&L-54th) Golick-40th Georgia Uniform Civil Forfeiture Procedure Act; enact (JUDYNC-23rd) Atwood-179th Tax collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include (FIN-17th) Rutledge-109th Elementary and secondary education; update and clarify provisions and repeal obsolete provisions (Substitute)(ED&Y-52nd) Dudgeon-25th The Pharmacy Audit Bill of Rights; change certain provisions (Substitute) (I&L-6th) Knight-130th Game and fish; hunting of feral hogs; revise provisions (Substitute) (NR&E-19th) McCall-33rd Income tax; water conservation facilities and a shift from ground-water usage; sunset tax credit (FIN-51st) Williamson-115th Education; programs; person solicit transaction with student-athlete; provide sanctions (H ED-46th) Fleming-121st Georgia Special Needs Scholarship Act; prior school year attendance requirement to prior semester; revise (Substitute)(ED&Y-32nd) Cantrell-22nd Staff Sergeant Shaun J. Whitehead Memorial Bridge; Jackson County; dedicate (Substitute)(TRANS-19th) Benton-31st Fireworks; provide for sale of consumer fireworks; provisions (Substitute) (PUB SAF-53rd) Roberts-155th HB 339 HB 117 HB 63 HB 48 HB 511 HB 510 HB 385 HB 386 HB 372 HB 512 HB 312 HB 319 HB 197 HB 17 TUESDAY, MARCH 31, 2015 2481 Income tax credit; film, video or digital production; extend (Substitute) (FIN-54th) Burns-159th Employment security; modify definition of the term most recent employer; change certain provisions (Substitute)(I&L-29th) Hamilton-24th Georgia Employer GED Tax Credit Act of 2015; enact (Substitute) (FIN-51st) Tanner-9th Special license plates; include surviving spouse of a sibling of service member killed in action; extend eligibility (PUB SAF-30th) Coleman-97th Pharmacists and pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; authorize (Substitute)(H&HS-45th) Stephens-164th Georgia Sports Commission Fund; create; provisions (Substitute) (ED&T-33rd) Stephens-164th Health records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility (GvtO-49th) Nimmer-178th Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal (GvtO-49th) Nimmer-178th Utopian Academy for the Arts Act; enact (Substitute)(ED&Y-49th) Coomer-14th Mental health; governing and regulation; change certain terminology and provisions (H&HS-54th) Jasperse-11th Tobacco products; manufacturers and importers; remove certain bonding requirements (FIN-7th) Tankersley-160th Taxes; provide for legislative findings concerning gasoline and aviation fuel; provisions (FIN-49th) Nimmer-178th Debtor-Creditor Uniform Law Modernization Act of 2015; enact (Substitute)(JUDY-46th) Jacobs-80th Hidden Predator Act; enact (Substitute)(JUDY-45th) Spencer-180th 2482 HB 71 HB 84 HB 361 HB 436 HB 408 HB 268 HB 568 HB 20 HB 95 HB 104 HB 114 HB 152 HB 567 JOURNAL OF THE SENATE Pardons and paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions (Substitute)(JUDYNC-51st) Tanner-9th Insurance; denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to loss upon which claim is based; prohibit (I&L-54th) Cheokas-138th Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions (JUDYNC-18th) Welch-110th Georgia HIV/Syphilis Pregnancy Screening Act of 2015; enact (Substitute)(H&HS-45th) Clark-101st Excise tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities (FIN-56th) Willard-51st Child abuse; mandatory reporters; change provisions (Substitute) (JUDYNC-50th) Ballinger-23rd Paternity; testing in certain cases; revise provisions (Substitute) (JUDY-11th) Dempsey-13th State income tax; certain allocations to owners of certain entities shall be governed by Georgia law; clarify (FIN-32nd) Carson-46th Local government investment pool; trust fund managed by state treasurer; provide (SLGO(G)-56th) Tanner-9th State Properties Code; applicability of public bidding processes for certain conveyances; clarify (SI&P-17th) Dunahoo-30th Drivers' licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions (Substitute)(PUB SAF-7th) Tanner-9th Alcoholic beverages; holders of certain alcohol licenses and those who issue such licenses; impose certain requirements (Substitute)(RI&U-46th) Duncan-26th Alimony and child support; jurisdiction of courts that hear contempt proceedings; expand (JUDY-54th) Dempsey-13th HB 524 HB 474 HB 180 HB 206 HB 210 HB 217 HB 221 HB 426 HB 416 HB 401 HB 375 HB 374 HB 352 TUESDAY, MARCH 31, 2015 2483 Trade names; require registration with clerk of superior court; provisions (Substitute)(JUDY-19th) Fleming-121st Charter schools; enrollment priorities for educationally disadvantaged students and military students; provide (Substitute)(ED&Y-42nd) Kaiser-59th War Veterans' Home; residency requirements to qualify for admission; revise (VM&HS-25th) Kidd-145th Uniform rules of the road; procedure for passing sanitation vehicles; provide (Substitute)(PUB SAF-56th) Harrell-106th Drivers' licenses; provide for dissemination of certain information by the Department of Driver Services; provisions (PUB SAF-1st) Rogers-10th Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize (RET-8th) Maxwell-17th Ad valorem tax; property; change certain definitions (Substitute)(FIN-14th) Powell-171st Sales and use tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions (Substitute)(FIN-6th) Taylor-173rd Consumer Information and Awareness Act; enact (H&HS-40th) Rogers-29th Early care and learning; revise terminology relating to restrictions on persons with criminal records with regard to child, family or group-care facilities; provisions (ED&Y-50th) Efstration-104th Motor vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre (PUB SAF-7th) Powell-171st Ad valorem tax; certain farm equipment held for sale in dealer inventory; exempt (Substitute)(FIN-7th) Nix-69th Criminal procedure; change provisions relating to discovery in misdemeanor cases; provisions (JUDYNC-54th) Strickland-111th 2484 HB 266 HB 275 HB 288 HB 316 HB 341 HB 409 HB 261 HB 89 HB 232 HB 245 HB 213 JOURNAL OF THE SENATE Retirement and pensions; investment authority of local retirement systems; correct certain provisions (Substitute)(RET-8th) Battles-15th Income tax; claimant agency; revise definition (FIN-6th) Strickland-111th Behavioral Health Coordinating Council; two additional members to serve on council; provide (H&HS-45th) Dempsey-13th Professional corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide (H&HS-14th) Reeves-34th Buildings and housing; certain qualified inspectors may be certified by Building Officials' Association of Georgia; provide (Substitute) (RI&U-17th) Maxwell-17th Insurance; reimbursement for treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; provide (I&L-11th) Taylor-173rd Alcoholic beverages; sale during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; provide (RI&U-15th) Harrell-106th Drug-free commercial zones; date of incorporation of local ordinances by reference; change (JUDYNC-35th) Bruce-61st State Board of Hearing Aid Dealers and Dispensers; change certain provisions (RI&U-11th) Carter-175th Condominiums; amount permissible as a special assessment fee; change (JUDY-9th) Dollar-45th Metropolitan Atlanta Rapid Transit Authority Act of 1965; permanent suspension of restrictions on use of sales and use tax proceeds upon submission of an independent management audit to certain officials; provide (Substitute)(TRANS-21st) Jacobs-80th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee TUESDAY, MARCH 31, 2015 2485 The following legislation was read the third time and put upon its passage: HR 215. By Representative Ralston of the 7th: A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; 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. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the adoption of the resolution, the yeas were 56, nays 0. HR 215, having received the requisite constitutional majority, was adopted. HB 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others: 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 2486 JOURNAL OF THE SENATE that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Insurance and Labor offered the following substitute to HB 429: 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 that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; to provide for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to provide effective dates; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows: "33-24-59.18. (a) As used in this Code section, the term: (1) 'Health benefit plan' means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization, subscriber contract or agreement, preferred provider organization, accident and sickness insurance benefit plan, or other insurance contract under any other name. The term shall include any health insurance plan established under Article 1 of Chapter 18 of Title 45 and under Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.' (2) 'Terminal condition' means any disease, illness, or health condition that a physician has diagnosed as expected to result in death in 24 months or less. (3) 'Treatment' does not include any medication or medical procedure, regardless of where actually prescribed, dispensed, or administered, which if prescribed, dispensed, or administered in this state would constitute assisted suicide in violation of Code Section 16-5-5. (b) No health benefit plan shall restrict coverage for treatment of a terminal condition TUESDAY, MARCH 31, 2015 2487 when such treatment has been prescribed by a physician as medically appropriate and such treatment has been agreed to by an insured patient or by a person to whom the insured patient has legally delegated such authority or to whom otherwise has the legal authority to consent on behalf of the insured patient. The health benefit plan shall not refuse to pay or otherwise reimburse for the treatment diagnosed under this subsection, including any drug or device, so long as such end of life care is consistent with best practices for the treatment of the terminal condition and such treatment is supported by peer reviewed medical literature. (c) A denial or a refusal to pay for treatment prescribed under subsection (b) of this Code section shall be a violation of this Code section. (d) A violation of this Code section shall be a per se violation of Chapter 6 of this title, and the penalties, procedures, and remedies applicable to violations of Chapter 6 of this title shall be applicable to a violation of this Code section." SECTION 2A. Said chapter is further amended by revising Code Section 33-24-59.10, relating to insurance coverage for autism, as follows: "33-24-59.10. (a) As used in this Code section, the term: (1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. Accident and sickness contract, policy, or benefit plan shall not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medicalsurgical expense, or major medical insurance. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and communication skills 'Applied behavior analysis' means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. (3) 'Autism spectrum disorder' means autism spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. (4) 'Treatment of autism spectrum disorder' includes the following types of care prescribed, provided, or ordered for an individual diagnosed with an autism spectrum disorder: (A) Habilitative or rehabilitative services, including applied behavior analysis or 2488 JOURNAL OF THE SENATE other professional or counseling services necessary to develop, maintain, and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis shall be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts; (B) Counseling services provided by a licensed psychiatrist, licensed psychologist, professional counselor, or clinical social worker; and (C) Therapy services provided by a licensed or certified speech therapist, speechlanguage pathologist, occupational therapist, physical therapist, or marriage and family therapist. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder. Accident and sickness contracts, policies, or benefit plans shall provide coverage for autism spectrum disorders for an individual covered under a policy or contract who is six years of age or under in accordance with the following: (1) The policy or contract shall provide coverage for any assessments, evaluations, or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder; (2) The policy or contract shall provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this Code section at least annually; (3) The policy or contract shall not include any limits on the number of visits; (4) The policy or contract may limit coverage for applied behavior analysis to $30,000.00 per year. An insurer shall not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph; and (5) This subsection shall not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy or contract. Coverage for prescription drugs for the treatment of autism spectrum disorders shall be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the policy or contract. (c) Except as otherwise provided in this Code section, any policy or contract that provides coverage for services under this Code section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles, and exclusions to the extent that these provisions are not inconsistent with the requirements TUESDAY, MARCH 31, 2015 2489 of this Code section. (d) This Code section shall not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized family service plan, an individualized education plan as required by the federal Individuals with Disabilities Education Act, or an individualized service plan. This Code section also shall not be construed to limit benefits that are otherwise available to an individual under an accident and sickness contract, policy, or benefit plan. (e)(1) An insurer, corporation, or health maintenance organization, or a governmental entity providing coverage for such treatment pursuant to this Code section, is exempt from providing coverage for behavioral health treatment required under this Code section and not covered by the insurer, corporation, health maintenance organization, or governmental entity providing coverage for such treatment pursuant to this Code section as of December 31, 2016, if: (A) An actuary, affiliated with the insurer, corporation, or health maintenance organization, who is a member of the American Academy of Actuaries and meets the American Academy of Actuaries' professional qualification standards for rendering an actuarial opinion related to health insurance rate making, certifies in writing to the Commissioner that: (i) Based on an analysis to be completed no more frequently than one time per year by each insurer, corporation, or health maintenance organization, or such governmental entity, for the most recent experience period of at least one year's duration, the costs associated with coverage of behavioral health treatment required under this Code section, and not covered as of December 31, 2016, exceeded 1 percent of the premiums charged over the experience period by the insurer, corporation, or health maintenance organization; and (ii) Those costs solely would lead to an increase in average premiums charged of more than 1 percent for all insurance policies, subscription contracts, or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation, or health maintenance organization, or such governmental entity, employs; and (B) The Commissioner approves the certification of the actuary. (2) An exemption allowed under paragraph (1) of this subsection shall apply for a one-year coverage period following inception or next renewal date of all insurance policies, subscription contracts, or health care plans issued or renewed during the oneyear period following the date of the exemption, after which the insurer, corporation, or health maintenance organization, or such governmental entity, shall again provide coverage for behavioral health treatment required under this subsection. (3) An insurer, corporation, or health maintenance organization, or such governmental entity, may claim an exemption for a subsequent year, but only if the conditions specified in this subsection again are met. (4) Notwithstanding the exemption allowed under paragraph (1) of this subsection, an insurer, corporation, or health maintenance organization, or such governmental entity, may elect to continue to provide coverage for behavioral health treatment required 2490 JOURNAL OF THE SENATE under this subsection. (f) Beginning January 1, 2016, to the extent that this Code section requires benefits that exceed the essential health benefits required under Section 1302(b) of the federal Patient Protection and Affordable Care Act, P. L. 111-148, the specific benefits that exceed the required essential health benefits shall not be required of a 'qualified health plan' as defined in such act when the qualified health plan is offered in this state through the exchange. Nothing in this subsection shall nullify the application of this Code section to plans offered outside the state's exchange. (g) This Code section shall not apply to any accident and sickness contract, policy, or benefit plan offered by any employer with ten or fewer employees. (h) Nothing in this Code section shall be construed to limit any coverage under any accident and sickness contract policy or benefit plan, including, but not limited to, speech therapy, occupational therapy, or physical therapy otherwise available under such plan. (i) By January 15, 2017, and every January 15 thereafter, the department shall submit a report to the General Assembly regarding the implementation of the coverage required under this Code section. The report shall include, but shall not be limited to, the following: (1) The total number of insureds diagnosed with autism spectrum disorder; (2) The total cost of all claims paid out in the immediately preceding calendar year for coverage required by this Code section; (3) The cost of such coverage per insured per month; and (4) The average cost per insured for coverage of applied behavior analysis. All health carriers and health benefit plans subject to the provisions of this Code section shall provide the department with all data requested by the department for inclusion in the annual report." SECTION 2B. Said chapter is further amended by revising Code Section 33-24-59.10, relating to insurance coverage for autism, to read as follows: "33-24-59.10. (a) As used in this Code section, the term: (1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and communication skills. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations TUESDAY, MARCH 31, 2015 2491 as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder." SECTION 3. (a) This Act shall become effective on July 1, 2015, except as otherwise provided by subsection (b) of this section. (b) Section 2B of this Act shall become effective on January 1, 2017, only if the amendment to the Georgia Constitution proposed by HR 808 is ratified by the voters at the November, 2016, general state-wide election, in which event Section 2A of this Act shall stand repealed on January 1, 2017. If such constitutional amendment is not so ratified, then Section 2B of this Act shall not become effective and shall stand repealed on January 1, 2017. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2492 JOURNAL OF THE SENATE Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. HB 429, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 429. Had I been present, I would have voted yea. /s/ David E. Lucas, Sr. District 26 The following Senators were excused for business outside the Senate Chamber: Parent of the 42nd Unterman of the 45th HB 192. By Representatives Powell of the 32nd and Taylor of the 79th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 192: TUESDAY, MARCH 31, 2015 2493 A BILL TO BE ENTITLED AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide for certain powers for certain local authorities; to provide a definition; to make certain findings; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-24. (a) As used in this Code section, the term 'project' means and includes hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other health related facilities, whether public or private. (b) To the extent that the Constitution of Georgia permits the General Assembly by law to further define the powers and duties of any local government authority, as defined in Code Section 36-80-16, whose purpose includes the public purpose of developing or promoting trade, commerce, or industry, and to enlarge or restrict the same, each such local government authority is authorized and shall have the power to finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds of such a local government authority or any other funds of such local government authority, or from any contributions or loans by persons, corporations, limited or general partnerships, or other entities, all of which such a local government authority is authorized to receive, accept, and use. To the extent that any project serves a governmental function, the General Assembly finds and determines that such a project by its nature comprises both public and private components that are integrated so as to produce the desired public purpose and that therefore carrying out such a project is proper and authorized for such a local government authority under the Constitution of Georgia." 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. 2494 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 Beach N Bethel Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon N Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 45, nays 5. HB 192, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 192. Had I been present, I would have voted No. /s/ Fran Millar District 40 March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 192. Had I been present, I would have voted yes. /s/ Valencia Seay District 34th TUESDAY, MARCH 31, 2015 2495 Senator Hill of the 32nd was excused for business outside the Senate Chamber. HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Appropriations offered the following substitute to HB 279: A BILL TO BE ENTITLED AN ACT To amend Title 15, Article 2 of Chapter 12 of Title 17, and Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to courts, public defenders, and annual salaries of certain state officials, respectively, so as to provide daily expense allowances to Supreme Court Justices and Court of Appeals Judges in certain circumstances; to change provisions relating to the compensation of superior court judges, district attorneys, circuit public defenders, Supreme Court Justices, and Court of Appeals Judges; to provide for accountability court salary supplements for judicial officers serving in circuits with drug court, mental health court, and veterans court divisions; to change provisions relating to county salary supplements for superior court judges, district attorneys, and circuit public defenders; to provide for a fourth judge of the superior courts of the Western Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to provide for the selection of a chief judge; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties that comprise the Western Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to create the Judicial, District Attorney, and Circuit Public Defender Compensation Commission; to provide for the purpose, membership, terms, chairperson, other officers, committees, staffing, and funding for the commission; to 2496 JOURNAL OF THE SENATE provide for meetings and members' expenses; to provide for the duties, powers, reporting, and responsibilities of the commission; to provide for automatic repeal of the commission; to provide for related matters; to provide for a contingent effective date and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new paragraph to subsection (b) of Code Section 15-2-3, relating to oath of Justices and compensation, as follows: "(3) If a Justice resides 50 miles or more from the judicial building in Atlanta, such Justice shall also receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for not more than 30 days during each term of court. Such days shall be utilized only when official court business is being conducted. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers." SECTION 1-2. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 15-3-5, relating to oath of Judges and compensation, to read as follows: "(3) If a Judge resides 50 miles or more from the judicial building in Atlanta, such Judge shall also receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for not more than 30 days during each term of court. Such days shall be utilized only when official court business is being conducted. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers." SECTION 1-3. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-29, relating to the salary of superior court judges, as follows: "(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4 and may be as provided in Code Section 15-6-29.1. The annual salary provided by Code Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The annual salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1, 15-6-30, and 15-6-32." TUESDAY, MARCH 31, 2015 2497 SECTION 1-4. Said title is further amended by adding a new Code section to read as follows: "15-6-29.1. (a) Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay each superior court judge in such circuit an annual accountability court supplement of $6,000.00. Such supplement shall be paid from state funds by The Council of Superior Court Judges of Georgia in equal monthly installments as regular compensation. (b) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government. (c) Notwithstanding subsection (c) of Code Section 15-6-29, on and after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to a superior court judge, if such supplement is $50,000.00 or more." SECTION 1-5. Said title is further amended by revising Code Section 15-18-10, relating to compensation of district attorneys, as follows: "15-18-10. (a) Each district attorney shall receive an annual salary from state funds as prescribed by law. Such salary shall be paid as provided in Code Section Sections 15-18-10.1 and 15-18-19. (b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater. (c) All fees, fines, forfeitures, costs, and commissions formerly allowed district attorneys for their services as district attorney or as solicitor of any other court shall become the property of the county in which the services of the district attorney were rendered. The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments and remit the same to the county treasury by the fifteenth day of each month. (d) No district attorney receiving an annual salary under this Code section shall engage in the private practice of law." SECTION 1-6. Said title is further amended by adding a new Code section to read as follows: "15-18-10.1. (a) Whenever a circuit has implemented a drug court division, mental health court 2498 JOURNAL OF THE SENATE division, or veterans court division, then on and after January 1, 2016, the state shall pay the district attorney in such circuit an annual accountability court supplement of $6,000.00. Such supplement shall be paid from state funds by the Prosecuting Attorneys' Council of the State of Georgia in equal monthly installments as regular compensation. (b) Notwithstanding Code Sections 15-18-14 and 15-18-14.2, the accountability court salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant district attorneys or victim assistance coordinators that is measured as a percentage of a district attorney's salary. (c) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a district attorney's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government. (d) Notwithstanding subsection (b) of Code Section 15-18-10 and Code Section 15-1819, on or after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to the district attorney or a statepaid position appointed pursuant to this article, if such supplement is $50,000.00 or more." SECTION 1-7. Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, is amended by revising subsection (a) of Code Section 17-12-25, relating to the salary of the public defender, as follows: "(a) Each circuit public defender shall receive an annual salary of $87,593.58 $99,526.00, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees as defined by Code Section 45-20-2 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. Each circuit public defender may also be entitled to an accountability court salary supplement as set forth in Code Section 17-12-25.1." SECTION 1-8. Said article is further amended by adding a new Code section to read as follows: "17-12-25.1. (a) Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the circuit public defender in such circuit an annual accountability court TUESDAY, MARCH 31, 2015 2499 supplement of $6,000.00. Such supplement shall be paid from state funds by the Georgia Public Defender Standards Council in equal monthly installments as regular compensation. (b) Notwithstanding Code Sections 17-12-27 and 17-12-28, the accountability court salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant circuit public defenders or investigators that is measured as a percentage of a circuit public defender's salary. (c) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a circuit public defender's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government. (d) Notwithstanding subsection (b) of Code Section 17-12-25 and Code Section 17-1230, on and after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to the circuit public defender or a state-paid position appointed pursuant to this article, if such supplement is $50,000.00 or more." SECTION 1-9. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, is amended by revising paragraphs (18) through (21) of subsection (a) as follows: "(18) Each Justice of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . 175,600.00 139,418.00 (19) Each Judge of the Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . 174,500.00 138,556.00 (20) Each superior court judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126,265.00 99,862.00 Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law. (21) Each district attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120,072.00 107,905.00 Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law." 2500 JOURNAL OF THE SENATE PART II SECTION 2-2. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (42) as follows: "(42) Western Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4" SECTION 2-2. One additional judge of the superior courts is added to the Western Judicial Circuit, thereby increasing to four the number of judges of said circuit. SECTION 2-3. Said additional judge shall be appointed by the Governor for a term beginning April 1, 2016, and continuing through December 31, 2018, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2018, for a term of four years beginning on January 1, 2019, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 2-4. The additional judge of the superior courts of the Western Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Western Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Western Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Western Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 2-6. All writs and processes in the superior courts of the Western Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall TUESDAY, MARCH 31, 2015 2501 be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts. SECTION 2-7. The chief judge shall be selected by majority vote of the judges of the superior courts of the Western Judicial Circuit. In the event of a tie vote, the judge nominated for the position most senior in point of service shall be the chief judge for the ensuing term. The term of the chief judge shall be for two years, or until the person serving as chief judge resigns the position or leave the court, whichever time is shorter. The chief judge shall be eligible to succeed himself or herself for one additional term. SECTION 2-8. Upon and after qualification of the additional judge of the superior courts of the Western Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of the chief judge shall be controlling. The four judges of the superior courts of the Western Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control. SECTION 2-9. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time. 2502 JOURNAL OF THE SENATE SECTION 2-10. The four judges of the superior courts of the Western Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 2-11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Western Judicial Circuit may bear teste in the name of any judge of the Western Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof. SECTION 2-12. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Western Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 2-13. Nothing in this part shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. PART III SECTION 3-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 22, currently designated as reserved, as follows: "CHAPTER 22 15-22-1. (a) There is created the Judicial, District Attorney, and Circuit Public Defender Compensation Commission for the purpose of conducting periodic comprehensive reviews of all aspects of compensation paid to justices, judges, district attorneys, and circuit public defenders. (b) As used in this chapter, the term 'commission' means the Judicial, District Attorney, and Circuit Public Defender Compensation Commission. TUESDAY, MARCH 31, 2015 2503 15-22-2. (a) The commission shall consist of five members. The Governor shall appoint two citizen members, one of whom shall have experience in executive compensation who is not an attorney. The Chief Justice of the Supreme Court shall appoint one member who shall be currently serving or be retired from serving as a judge or justice in this state. The Lieutenant Governor and the Speaker of the House of Representatives shall each appoint one member, neither of whom shall be attorneys. The chairperson of the Senate Appropriations Committee and the chairperson of the House Committee on Appropriations shall serve as ex officio nonvoting members of the commission. (b) Each member of the commission shall be appointed to serve for a term of four years or until his or her successor is duly appointed. A member may be appointed to succeed himself or herself on the commission. If a member of the commission is an elected or appointed official, the member shall be removed from the commission if the member no longer serves as such elected or appointed official. (c) Vacancies on the commission shall be filled by appointment in the same manner as the original appointment. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) The Governor shall designate the chairperson of the commission. The commission may elect other officers as it deems necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission 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. (e) The commission shall be attached for administrative purposes only to the Criminal Justice Coordinating Commission. The Criminal Justice Coordinating Commission shall provide staff support for the commission and shall use any funds specifically appropriated to it to support the work of the commission. 15-22-3. (a) The commission 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 commission shall hold meetings at the call of the chairperson. The commission shall meet not less than twice every year. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission 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 commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as 2504 JOURNAL OF THE SENATE members of the commission 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 this subsection shall come from funds appropriated to the Senate and the House of Representatives. 15-22-4. (a) The commission shall have the following duties: (1) To review the conditions, needs, issues, and problems related to the efficient use of resources and caseload balance of the justice system in this state and the compensation paid to justices, judges, district attorneys, and circuit public defenders; issue a report on the same to the executive 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 commission deems necessary or appropriate. Nothing contained in the commission's report shall be considered to authorize or require a change in any law without action by the General Assembly. The commission shall issue its first report on or before December 15, 2015, its second report on or before December 15, 2016, and thereafter at least every two years; and (2) To evaluate and consider: (A) Whether the compensation structure of this state is adequate to ensure that the most highly qualified attorneys in this state, drawn from diverse life and professional experiences, are not deterred from serving or continuing to serve in the state judiciary, as district attorneys, and as circuit public defenders and do not become demoralized during service because of compensation levels; (B) The compensation paid as a county supplement to judges, district attorneys, circuit public defenders, and other staff associated with the courts; (C) The caseload demands of judicial officers, prosecuting attorneys, and public defenders and the allocation of such officials, including staffing resources and jurisdictional structure; (D) The skill and experience required of the particular judgeships or attorney positions at issue; (E) The time required of the particular judgeships or attorney positions at issue; (F) The value of compensable service performed by justices and judges, district attorneys, and circuit public defenders as determined by reference to compensation in other states and the federal government; (G) The value of comparable service performed in the private sector, including private judging, arbitration, and mediation, based on the responsibility and discretion required in the particular judgeship at issue and the demand for those services in the private sector; (H) The compensation of attorneys in the private sector; TUESDAY, MARCH 31, 2015 2505 (I) The Consumer Price Index and changes in such index; (J) The overall compensation presently received by other public officials and employees; and (K) Any other factors that are normally or traditionally taken into consideration in the determination of compensation. (b) The commission shall have the following powers: (1) To make findings, conclusions, and recommendations as to the proper salary and benefits for all justices and judges, district attorneys, and circuit public defenders of this state; (2) To make findings, conclusions, and recommendations as to the efficient use of resources and caseload balance of the justice system in this state; (3) To request and receive data from and review the records of appropriate state agencies, local governments, and courts to the greatest extent allowed by state and federal law; (4) To accept public or private grants, devises, and bequests; (5) To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties; (6) To establish rules and procedures for conducting the business of the commission; and (7) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission 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 commission. 15-22-5. This chapter shall be repealed effective June 30, 2020, unless continued in effect by the General Assembly prior to that date." PART IV SECTION 4-1. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly. (2) If funds are so appropriated, then Part I of this Act shall become effective on January 1, 2016. (3) If funds are not so appropriated, then Part I of this Act shall not become effective and shall stand repealed on July 1, 2015. (c)(1) For purposes of making the initial appointments of the judge to fill the superior 2506 JOURNAL OF THE SENATE court judgeship created by Part II of this Act, Part II of this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (2) For all other purposes, Part II of this Act shall become effective on April 1, 2016. SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan N Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack E Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon N Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 43, nays 9. HB 279, having received the requisite constitutional majority, was passed by substitute. HB 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd 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 foreclosure, so TUESDAY, MARCH 31, 2015 2507 as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Judiciary offered the following substitute to HB 322: 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 and clarify provisions relating to the witnessing requisites of deeds, mortgages, and bills of sale; to provide for the filing of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-5-30, relating to the requisites of deed to land, as follows: "44-5-30. Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, and attested by at least two witnesses an officer as provided in Code Section 44-2-15, and attested by one other witness. It shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it." SECTION 2. Said title is further amended by revising Code Section 44-14-33, relating to attestation or acknowledgment of mortgage, as follows: "44-14-33. In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. In the 2508 JOURNAL OF THE SENATE absence of fraud, if a mortgage is duly signed, witnessed, filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers." SECTION 3. Said title is further amended by revising Code Section 44-14-34, relating to attestation and acknowledgment or probation of mortgages executed outside of this state, as follows: "44-14-34. When executed outside this state, mortgages may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness." SECTION 4. Said title is further amended by revising Code Section 44-14-37, relating to the effect of the failure to record a mortgage, as follows: "44-14-37. The effect of a failure to record a mortgage shall be the same as the effect of a failure to record a deed of bargain and sale Reserved." SECTION 5. Said title is further amended by revising Code Section 44-14-61, relating to attestation of deeds to secure debt and bills of sale, generally, as follows: "44-14-61. In order to admit deeds to secure debt or bills of sale to secure debt to record, they shall be attested or proved in the manner prescribed by law for mortgages signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness." SECTION 6. Said title is further amended by revising Code Section 44-14-62, relating to attestation of deeds to secure debt and bills of sale executed outside of this state, as follows: "44-14-62. When executed out of outside this state, deeds to secure debt and bills of sale may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale to secure debt shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 44-14-63, relating to recording of deeds to secure debt and bills of sale to secure debt, as follows: "(a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the TUESDAY, MARCH 31, 2015 2509 maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them. The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale." SECTION 8. Said title is further amended by revising Code Section 44-14-160, relating to recording of foreclosure sales and deeds under power, as follows: "44-14-160. (a) Within 90 days of a foreclosure sale, all deeds under power shall be recorded filed by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. The clerk shall write in the margin of the page where record and cross reference the deed under power to the deed to secure debt or mortgage foreclosed upon is recorded the word 'foreclosed' and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt. The deed under power shall be indexed pursuant to standards promulgated by the Georgia Superior Court Clerks' Cooperative Authority. (b) In the event the deed under power is not filed within 30 days after the time period set forth in subsection (a) of this Code section, the holder shall be required to pay a late filing penalty of $500.00 upon filing in addition to the required filing fees provided for in subsection (f) of Code Section 15-66-77. Such late filing penalty shall be collected by the clerk of the superior court before filing. (c) The sums collected as a late filing penalty under subsection (b) of this Code section shall be remitted to the governing authority of the county. If the foreclosed property is located within a municipality, the governing authority of the county shall remit the late filing penalty for such property to the governing authority of such municipality within 30 days of its receipt of the penalty. For each late filing penalty for property located within the corporate limits of a municipality, the governing authority of the county may withhold a 5 percent administrative processing fee from the remittance to such municipality." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th offered the following amendment #1: Amend the substitute to HB 322 (LC 29 6576S) by deleting line 3 and inserting in lieu thereof the following: 2510 JOURNAL OF THE SENATE bills of sale; to provide a procedure for claiming certain United States savings bonds; to provide for the filing of deeds under power within a certain time after a By inserting between lines 18 and 19 the following: SECTION 2. Said title is further amended by inserting two new Code sections, to read as follows: "44-12-237. (a) Notwithstanding the provisions of subsection (a) of Code Section 44-12-216, United States savings bonds which are unclaimed property and subject to the provisions of Code Section 44-12-190, et seq., the 'Disposition of Unclaimed Property Act,' shall escheat to the State of Georgia three years after becoming unclaimed property and subject to the provisions of Code Section 44-12-190, et seq., and all property rights to such United States savings bonds or proceeds from such bonds shall vest solely in the State of Georgia. (b) If, within 180 days after the passage of three years pursuant to subsection (a) of this Code section, no claim has been filed in accordance with the provisions of Code Section 44-12-190, et seq., for such United States savings bonds, the commissioner shall commence a civil action in the Superior Court of Fulton County for a determination that such United States savings bonds shall escheat to the state. The commissioner may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the commissioner's custody to justify the expense of such proceedings. (c) If no person shall file a claim or appear at the hearing to substantiate a claim or if the court shall determine that a claimant is not entitled to the property claimed, then the court, if satisfied by evidence that the commissioner has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to the state. (d) The commissioner shall redeem such United States savings bonds, and the proceeds shall be deposited in the state general fund in accordance with the provisions of Code Section 44-12-218. 44-12-238. Any person making a claim for the United States savings bonds escheated to the state under Code Section 44-12-237, or for the proceeds from such bonds, may file a claim in accordance with the provisions of Code Section 44-12-190, et seq., the 'Disposition of Unclaimed Property Act.' Upon providing sufficient proof of the validity of such person's claim, the commissioner may pay such claim in accordance with the provisions of Code Section 44-12-190, et seq." By renumbering Sections 2 through 9 as Sections 3 through 10, respectively. TUESDAY, MARCH 31, 2015 2511 On the adoption of the amendment, there were no objections, and the Bethel 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 51, nays 1. HB 322, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Cowsert of the 46th James of the 35th Shafer of the 48th HB 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st: 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 amend certain 2512 JOURNAL OF THE SENATE provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. Senators McKoon of the 29th, Crane if the 28th, Williams of the 27th, Heath of the 31st and Harbin of the 16th offered the following amendment #1: Amend HB 118 (LC 39 0867) by inserting after "as" on line 2 the following: to require noncitizens to possess a legal alien status to obtain a license, permit, or card; By redesignating Sections 1 through 8 as Sections 4 through 11, respectively, and by inserting between lines 22 and 23 the following: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-1, relating to definitions, by revising paragraph (11) and the undesignated text at the end of paragraph (15) as follows: "(11) 'Legal alien status' means an alien status provided for by the federal Immigration and Nationality Act or any other provision by the United States Congress; provided, however, that legal alien status shall not include a grant of any deferred deportation action from the United States Department of Homeland Security Reserved." "provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with legal authorization from the U.S. Immigration and Naturalization Service present in the United States pursuant to a legal alien status." SECTION 2. Said chapter is further amended in Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, by repealing paragraph (5) of subsection (a) and by revising paragraphs (6) and (7) of subsection (a) and subsection (c) as follows: "(6)(5) 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 legal alien status; or (7)(6) Verification of lawful presence legal alien status as provided by Code Section 40-5-21.2" "(c) Any noncitizen applicant who possesses a legal alien status and whose Georgia driver's license or identification card has expired, or will expire within 30 days, and TUESDAY, MARCH 31, 2015 2513 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, that application may be made following the expiration of an additional valid Georgia driver's license or identification card." SECTION 3. Said chapter is further amended in Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, application, and implementation, by revising paragraph (1) of subsection (b) as follows: "(1) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States possesses a legal alien status; and" By replacing lines 24 and 25 with the following: Said chapter is further amended in Code Section 40-5-125, relating to false statements in a driver's license Senator McKoon of the 29th offered the following amendment #1a: Amend Amendment 1 to HB 118 by strike `who' at line 26 and replace with "whom" On the adoption of amendment #1a, the yeas were 15, nays 25, and the McKoon amendment #1a to the McKoon, et al. amendment #1 to the committee substitute was lost. On the adoption of amendment #1, the yeas were 16, nays 27, and the McKoon, et al. amendment #1 to the committee substitute was lost. Senator Crane of the 28th offered the following amendment #2: Amend HB 118 by striking lines 103 - 106 and renumber On the adoption of amendment #2, the yeas were 11, nays 19, and the Crane amendment #2 to the committee substitute was lost. 2514 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 Beach Y Bethel Y Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay E Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 1. HB 118, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the TUESDAY, MARCH 31, 2015 2515 board composition to reflect current practice; 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 122. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes. At 12:25 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. The Calendar was resumed. HB 147. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. 2516 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 Beach Y Bethel Y Black Y Burke Butler E Cowsert Y Crane Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Parent Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 1. HB 147, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: March 31, 2015 I inadvertently failed to vote on HB 147. Please reflect in the Journal that my intent was to vote YES. /s/ Ronald Ramsey District 43 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 TUESDAY, MARCH 31, 2015 2517 Mr. Secretary- The State Senate Atlanta, Georgia 30334 3/31/15 I inadvertently missed the vote on HB 147. Had I voted I would have voted "yea". /s/ Tyler Harper, SS7 Senator McKoon of the 29th was excused for business outside the Senate Chamber. HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd: 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 gray fox as the official state mammal; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harbison of the 15th. The Senate Committee on Government Oversight offered the following substitute to HB 70: 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 white-tailed deer as the official state mammal; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code section to read as follows: "50-3-87. The white-tailed deer (Odocoileus virginianus) is designated as the official Georgia state mammal." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 2518 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 1. HB 70, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 70. Had I been present, I would have voted yes. /s/ Jeff Mullis District 53rd TUESDAY, MARCH 31, 2015 2519 HB 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Martin of the 9th. The Senate Committee on Insurance and Labor offered the following substitute to HB 162: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for applicability; 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 for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, is amended by adding a new Code section to read as follows: "33-2-34. (a) To encourage insurance companies and persons conducting activities regulated under this title, both to conduct voluntary internal audits of their compliance programs and management systems and to assess and improve compliance with state and federal 2520 JOURNAL OF THE SENATE statutes, rules, and orders, an insurance compliance self-evaluative privilege is recognized to protect the confidentiality of communications relating to voluntary internal compliance audits. The General Assembly hereby finds and declares that protection of insurance consumers is enhanced by companies' voluntary compliance with this state's insurance and other laws and that the public will benefit from incentives to identify and remedy insurance and other compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage voluntary compliance and improve insurance market conduct quality and that the voluntary provisions of this Code section will not inhibit the exercise of the regulatory authority by those entrusted with protecting insurance consumers. (b) As used in this Code section, the term: (1) 'Insurance compliance audit' means a voluntary, internal evaluation, review, assessment, or audit not otherwise expressly required by law of an insurer or an activity regulated under this title, or other state or federal law applicable to an insurer, or of management systems related to the insurer or activity, that is designed to identify and prevent noncompliance and to improve compliance with those statutes, rules, or orders. An insurance compliance audit may be conducted by the insurer, its employees, or independent contractors. (2) 'Insurance compliance self-evaluative audit document' means any document prepared as a result of or in connection with and not prior to an insurance compliance audit. An insurance compliance self-evaluative audit document may include a written response to the findings of an insurance compliance audit. An insurance compliance self-evaluative audit document may include, but is not limited to, as applicable, field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer generated or electronically recorded information, phone records, maps, charts, graphs, and surveys, provided that this supporting information is collected or developed for the primary purpose and in the course of an insurance compliance audit. An insurance compliance self-evaluative audit document may also include any of the following: (A) An insurance compliance audit report prepared by an auditor, who may be an employee of the insurer or an independent contractor, which may include the scope of the audit, the information gained in the audit, and conclusions and recommendations, with exhibits and appendices; (B) Memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues; (C) An implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or (D) Analytic data generated in the course of conducting the insurance compliance audit. (c)(1) An insurance compliance self-evaluative audit document is privileged information and is not admissible as evidence in any legal action in any civil, criminal, or administrative proceeding, except as provided in subsections (d) and (e) of this Code section. Documents, communications, data, reports, or other information TUESDAY, MARCH 31, 2015 2521 created as a result of a claim involving personal injury or workers' compensation made against an insurance policy are not insurance compliance self-evaluative audit documents and are admissible as evidence in civil proceedings as otherwise provided by applicable rules of evidence or civil procedure, subject to any applicable statutory or common law privilege, including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion. (2) If any insurer, person, or entity performs or directs the performance of an insurance compliance audit, an officer or employee involved with the insurance compliance audit, or any consultant who is hired for the purpose of performing the insurance compliance audit, shall not be examined in any civil, criminal, or administrative proceeding as to the insurance compliance audit or any insurance compliance self-evaluative audit document, as defined in this Code section. This paragraph shall not apply if the privilege set forth in paragraph (1) of this subsection is determined under subsection (d) or (e) of this Code section not to apply. (3) An insurer may voluntarily submit, in connection with examinations conducted under this Code section, an insurance compliance self-evaluative audit document to the Commissioner, or his or her designee, as a confidential document under subsection (g) of Code Section 33-2-14 without waiving the privilege set forth in this Code section to which the insurer would otherwise be entitled. However, the provision permitting the Commissioner to provide access to the National Association of Insurance Commissioners shall not apply to the insurance compliance selfevaluative audit document so voluntarily submitted. Nothing contained in this subsection shall give the Commissioner any authority to compel an insurer to disclose involuntarily or otherwise provide an insurance compliance self-evaluative audit document. (d)(1) The privilege set forth in subsection (c) of this Code section shall not apply to the extent that it is expressly waived by the insurer that prepared or caused to be prepared the insurance compliance self-evaluative audit document. (2) In a civil or administrative proceeding, a court of record may, after an in camera review, require disclosure of material for which the privilege set forth in subsection (c) of this Code section is asserted, if the court determines that: (A) The privilege is asserted for a fraudulent purpose; (B) The material is not subject to the privilege; or (C) Even if subject to the privilege, the material shows evidence of noncompliance with state or federal statutes, rules, and orders and the insurer failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. (3) In a criminal proceeding, a court of record may, after an in camera review, require disclosure of material for which the privilege described in subsection (c) of this Code section is asserted, if the court determines that: (A) The privilege is asserted for a fraudulent purpose; (B) The material is not subject to the privilege; (C) Even if subject to the privilege, the material shows evidence of noncompliance 2522 JOURNAL OF THE SENATE with state or federal statutes, rules, and orders and the insurer failed to undertake reasonable corrective action or eliminate such noncompliance within a reasonable time; or (D) The material contains evidence relevant to the commission of a criminal offense under this title and: (i) The Commissioner has a compelling need for the information; (ii) The information is not otherwise available; and (iii) The Commissioner is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay. (e)(1) Within 30 days after the Commissioner makes a written request by certified mail for disclosure of an insurance compliance self-evaluative audit document under this subsection, the insurer that prepared or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing on whether the insurance compliance self-evaluative audit document or portions of the document are privileged under this Code section or subject to disclosure. The court has jurisdiction over a petition filed by an insurer under this subsection requesting an in camera hearing on whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. Failure by the insurer to file a petition waives the privilege. (2) An insurer asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall include in its petition for an in camera hearing all of the information set forth in paragraph (5) of this subsection. (3) Upon the filing of a petition under this subsection, the court shall issue an order scheduling, within 45 days after the filing of the petition, an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged under this Code section or subject to disclosure. (4) The court, after an in camera review, may require disclosure of material for which the privilege in subsection (c) of this Code section is asserted if the court determines, based upon its in camera review, that any one of the conditions set forth in paragraph (2) of subsection (d) of this Code section is applicable as to a civil or administrative proceeding or that any one of the conditions set forth in paragraph (3) of subsection (d) of this Code section is applicable as to a criminal proceeding. Upon making such a determination, the court may only compel the disclosure of those portions of an insurance compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. Any compelled disclosure will not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal, or administrative proceeding. A party unsuccessfully opposing disclosure may apply to the court for an appropriate order protecting the document from further disclosure. (5) An insurer asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall provide to the TUESDAY, MARCH 31, 2015 2523 Commissioner at the time of filing any objection to the disclosure: (A) The date of the insurance compliance self-evaluative audit document; (B) The identity of the entity conducting the audit; (C) The general nature of the activities covered by the insurance compliance audit; and (D) An identification of the portions of the insurance compliance self-evaluative audit document for which the privilege is being asserted. (f)(1) An insurer asserting the insurance compliance self-evaluative privilege set forth in subsection (c) of this Code section has the burden of demonstrating the applicability of the privilege. Once an insurer has established the applicability of the privilege, a party seeking disclosure under paragraph (2) or (3) of subsection (d) of this Code section has the burden of proving that the privilege is asserted for a fraudulent purpose or that the insurer failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. The Commissioner, in seeking disclosure under paragraph (3) of subsection (d) of this Code section, has the burden of proving the elements set forth in paragraph (3) of subsection (d) of this Code section. (2) The parties may at any time stipulate in proceedings under subsection (d) or (e) of this Code section to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document is or is not subject to the privilege provided under subsection (c) of this Code section. (g) The privilege set forth in subsection (c) of this Code section shall not extend to: (1) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency pursuant to this title or other federal or state law, rule, or order; (2) Information obtained by observation or monitoring by any regulatory agency; or (3) Information obtained from a source independent of the insurance compliance audit. (h) Nothing in this Code section shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion. (i) This Code section shall apply to self-evaluative audits completed before June 30, 2018, but shall not apply to any such audits completed on or after July 1, 2018, unless authorized by the General Assembly prior to that date." SECTION 2. Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, is amended as follows: "33-24-59.10. (a) As used in this Code section, the term: (1) 'Accident and sickness contract, policy, or benefit plan' shall have the same meaning as found in Code Section 33-24-59.1. Accident and sickness contract, policy, or benefit plan shall also include without limitation any health benefit plan 2524 JOURNAL OF THE SENATE established pursuant to Article 1 of Chapter 18 of Title 45. Accident and sickness contract, policy, or benefit plan shall not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medicalsurgical expense, or major medical insurance. (2) 'Autism' means a developmental neurological disorder, usually appearing in the first three years of life, which affects normal brain functions and is manifested by compulsive, ritualistic behavior and severely impaired social interaction and communication skills 'Applied behavior analysis' means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. (3) 'Autism spectrum disorder' means autism spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. (4) 'Treatment of autism spectrum disorder' includes the following types of care prescribed, provided, or ordered for an individual diagnosed with an autism spectrum disorder: (A) Habilitative or rehabilitative services, including applied behavior analysis or other professional or counseling services necessary to develop, maintain, and restore the functioning of an individual to the extent possible. To be eligible for coverage, applied behavior analysis shall be provided by a person professionally certified by a national board of behavior analysts or performed under the supervision of a person professionally certified by a national board of behavior analysts; (B) Counseling services provided by a licensed psychiatrist, licensed psychologist, professional counselor, or clinical social worker; and (C) Therapy services provided by a licensed or certified speech therapist, speechlanguage pathologist, occupational therapist, physical therapist, or marriage and family therapist. (b) An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism. The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder. Accident and sickness contracts, policies, or benefit plans shall provide coverage for autism spectrum disorders for an individual covered under a policy or contract who is six years of age or under in accordance with the following: (1) The policy or contract shall provide coverage for any assessments, evaluations, or TUESDAY, MARCH 31, 2015 2525 tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder; (2) The policy or contract shall provide coverage for the treatment of autism spectrum disorders when it is determined by a licensed physician or licensed psychologist that the treatment is medically necessary health care. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this Code section at least annually; (3) The policy or contract shall not include any limits on the number of visits; (4) The policy or contract may limit coverage for applied behavior analysis to $35,000.00 per year. An insurer shall not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph; and (5) This subsection shall not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy or contract. Coverage for prescription drugs for the treatment of autism spectrum disorders shall be determined in the same manner as coverage for prescription drugs for the treatment of any other illness or condition is determined under the policy or contract. (c) Except as otherwise provided in this Code section, any policy or contract that provides coverage for services under this Code section may contain provisions for maximum benefits and coinsurance and reasonable limitations, deductibles, and exclusions to the extent that these provisions are not inconsistent with the requirements of this Code section. (d) This Code section shall not be construed to affect any obligation to provide services to an individual with an autism spectrum disorder under an individualized family service plan, an individualized education plan as required by the federal Individuals with Disabilities Education Act, or an individualized service plan. This Code section also shall not be construed to limit benefits that are otherwise available to an individual under an accident and sickness contract, policy, or benefit plan. (e)(1) An insurer, corporation, or health maintenance organization, or a governmental entity providing coverage for such treatment pursuant to this Code section, is exempt from providing coverage for behavioral health treatment required under this Code section and not covered by the insurer, corporation, health maintenance organization, or governmental entity providing coverage for such treatment pursuant to this Code section as of December 31, 2016, if: (A) An actuary, affiliated with the insurer, corporation, or health maintenance organization, who is a member of the American Academy of Actuaries and meets the American Academy of Actuaries' professional qualification standards for rendering an actuarial opinion related to health insurance rate making, certifies in writing to the Commissioner that: (i) Based on an analysis to be completed no more frequently than one time per year by each insurer, corporation, or health maintenance organization, or such governmental entity, for the most recent experience period of at least one year's duration, the costs associated with coverage of behavioral health treatment 2526 JOURNAL OF THE SENATE required under this Code section, and not covered as of December 31, 2016, exceeded 1 percent of the premiums charged over the experience period by the insurer, corporation, or health maintenance organization; and (ii) Those costs solely would lead to an increase in average premiums charged of more than 1 percent for all insurance policies, subscription contracts, or health care plans commencing on inception or the next renewal date, based on the premium rating methodology and practices the insurer, corporation, or health maintenance organization, or such governmental entity, employs; and (B) The Commissioner approves the certification of the actuary. (2) An exemption allowed under paragraph (1) of this subsection shall apply for a one-year coverage period following inception or next renewal date of all insurance policies, subscription contracts, or health care plans issued or renewed during the oneyear period following the date of the exemption, after which the insurer, corporation, or health maintenance organization, or such governmental entity, shall again provide coverage for behavioral health treatment required under this subsection. (3) An insurer, corporation, or health maintenance organization, or such governmental entity, may claim an exemption for a subsequent year, but only if the conditions specified in this subsection again are met. (4) Notwithstanding the exemption allowed under paragraph (1) of this subsection, an insurer, corporation, or health maintenance organization, or such governmental entity, may elect to continue to provide coverage for behavioral health treatment required under this subsection. (f) Beginning January 1, 2016, to the extent that this Code section requires benefits that exceed the essential health benefits required under Section 1302(b) of the federal Patient Protection and Affordable Care Act, P. L. 111-148, the specific benefits that exceed the required essential health benefits shall not be required of a 'qualified health plan' as defined in such act when the qualified health plan is offered in this state through the exchange. Nothing in this subsection shall nullify the application of this Code section to plans offered outside the state's exchange. (g) This Code section shall not apply to any accident and sickness contract, policy, or benefit plan offered by any employer with ten or fewer employees. (h) Nothing in this Code section shall be construed to limit any coverage under any accident and sickness contract policy or benefit plan, including, but not limited to, speech therapy, occupational therapy, or physical therapy otherwise available under such plan. (i) By January 15, 2017, and every January 15 thereafter, the department shall submit a report to the General Assembly regarding the implementation of the coverage required under this Code section. The report shall include, but shall not be limited to, the following: (1) The total number of insureds diagnosed with autism spectrum disorder; (2) The total cost of all claims paid out in the immediately preceding calendar year for coverage required by this Code section; (3) The cost of such coverage per insured per month; and TUESDAY, MARCH 31, 2015 2527 (4) The average cost per insured for coverage of applied behavior analysis. All health carriers and health benefit plans subject to the provisions of this Code section shall provide the department with all data requested by the department for inclusion in the annual report." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Martin of the 9th and Bethel of the 54th offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to HB 162 (LC 37 2007S) by deleting lines 6 through 10 and inserting in lieu thereof the following: provide for the burden of proof; to provide for applicability; to provide for related matters; to repeal By deleting lines 176 through 311. On the adoption of the amendment, there were no objections, and the Martin, Bethel 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson 2528 JOURNAL OF THE SENATE Y Harper Y Heath Y Henson Y Hill, H Y McKoon Y Millar Y Miller Y Mullis Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 0. HB 162, having received the requisite constitutional majority, was passed by substitute. HB 428. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Committee on Finance offered the following substitute to HB 428: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide a state and local sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide a sales tax exemption for an expansion of a museum of natural history; to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by revising paragraphs (76), (77), and (87) as follows: "(76)(A) The sale or use of tangible personal property used for or in the renovation or expansion of an aquarium located in this state that charges for admission and that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, to the extent provided in subparagraphs (B) and (C) of this paragraph. TUESDAY, MARCH 31, 2015 2529 (B) This exemption shall apply from July 1, 2015, until January 1, 2017, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $750,000.00. A qualifying aquarium must pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph will not include interest. (C) This exemption shall apply from July 1, 2015, until January 1, 2017, to any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the aquarium facility after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the aquarium facility. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction; Notwithstanding any provision of Code Section 48-8-63 to the contrary, from June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (77) Reserved; (A) The sale or use of tangible personal property used for or in the renovation or expansion of a museum of natural history located in this state that charges for admission and that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B) This exemption shall apply from July 1, 2015, until January 1, 2017, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $300,000.00. A qualifying museum of natural history shall pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (C) This exemption shall apply from July 1, 2015, until January 1, 2017, to any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes 2530 JOURNAL OF THE SENATE authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the museum of natural history after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the museum of natural history. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction;" "(87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2013, until June 30, 2015, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) The sale or use of tangible personal property used for or in the renovation or expansion of a zoological institution to the extent provided in subparagraphs (B) and (C) of this paragraph. As used in this paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which: (i) Is open to the public, charges for admission, exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) 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. (B) This exemption shall apply from July 1, 2016, until June 30, 2018, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $350,000.00. A qualifying zoological institution shall pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (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; (i) This exemption shall apply from July 1, 2016, until June 30, 2018. A qualifying zoological institution shall pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from local sales and use tax by filing a claim for TUESDAY, MARCH 31, 2015 2531 refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (ii) For purposes of this subparagraph, local sales and use tax shall be defined as any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the zoological institution after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the zoological institution. This exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction;" SECTION 2. This Act shall become effective on July 1, 2015. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims 2532 JOURNAL OF THE SENATE N Crane Y Davenport Y Dugan Fort Y Ginn N Gooch N Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller N Mullis Y Stone N Tate Y Thompson, B Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the passage of the bill, the yeas were 40, nays 11. HB 428, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 31 March 2015 I inadvertently voted NAY on HB 428. Please reflect in the Journal that my intent was to vote YEA. /s/ Horacena Tate District 38th Senator Millar of the 40th was excused for business outside the Senate Chamber. HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones of the 25th. The Senate Committee on Insurance and Labor offered the following substitute to HB 185: TUESDAY, MARCH 31, 2015 2533 A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for definitions; to provide for reserve valuation; to provide for actuarial opinion of reserves; to provide for computation of minimum standard; to provide for computation of minimum standard for annuities; to provide for computation of minimum standard by calendar year of issue; to provide for reserve valuation method for life insurance and endowment benefits; to provide for reserve valuation method of annuity and pure endowment benefits; to provide for minimum reserves; to provide for optional reserve calculations; to provide for reserve calculation for valuation of net premium exceeding the gross premium charged; to provide for reserve calculation of indeterminate premium plans; to provide for minimum standards for accident and health insurance contracts; to provide for valuation manual for policies issued on or after the operative date of the valuation manual; to provide for requirements of a principle-based valuation; to provide for experience reporting for polices in force on or after the operative date of the valuation manual; to provide for confidentiality; to provide for single state exemption; to provide a short title; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insurance holding companies; to provide that capital stock of the reorganized stock insurer shall be issued to the mutual insurance holding company or to an intermediate stock holding company; to provide for the requirements of any reorganization plan; to provide for mergers of mutual insurers or other entities with mutual insurance holding companies; to provide that capital stock of the merged insurer shall be issued to the mutual insurance holding company or to an intermediate stock holding company; to provide for approval of the reorganization plan or merger plan by the Commissioner of Insurance; to provide for domestication of foreign mutual insurers; to provide for applicability of certain provisions and dissolution and liquidation; to provide for demutualization of mutual insurance holding companies; to provide that certain membership interests shall not be deemed securities; to provide restrictions on voting stock of reorganized stock insurers; to provide for approval of any reorganization plan or merger plan by policyholders; to provide for powers of mutual insurance holding companies and restrictions on voting stock; to provide that the formation of a mutual insurance holding company shall not increase the Georgia tax burden of the mutual insurance holding company system; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by repealing in its entirety Code Section 33-10-13, relating to the valuation of reserves, and by enacting a new Code Section 33-10-13 to read as follows: 2534 JOURNAL OF THE SENATE "33-10-13. (a) This Code section shall be known and may be cited as the 'Standard Valuation Law.' (b) For the purposes of this Code section, the following definitions shall apply on or after the operative date of the valuation manual: (1) The term 'accident and health insurance' means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the valuation manual. (2) The term 'appointed actuary' means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required in paragraph (2) of subsection (d) of this Code section. (3) The term 'company' means an entity, which (a) has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this State and has at least one such policy in force or on claim or (b) has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, or deposit-type contracts in this State. (4) The term 'deposit-type contract' means contracts that do not incorporate mortality or morbidity risks and as may be specified in the valuation manual. (5) The term 'life insurance' means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual. (6) The term 'NAIC' means the National Association of Insurance Commissioners. (7) The term 'policyholder behavior' means any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this Code section, including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract. (8) The term 'principle-based valuation' means a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is required to comply with subsection (p) of this Code section as specified in the valuation manual. (9) The term 'qualified actuary' means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual. (10) The term 'tail risk' means a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude. (11) The term 'valuation manual' means the manual of valuation instructions adopted TUESDAY, MARCH 31, 2015 2535 by the NAIC as specified in this Code section or as subsequently amended. (c)(1)(A) The Commissioner shall annually value, or cause to be valued, the reserve liabilities (hereinafter called reserves) for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state issued on or after January 1, 1966, and prior to the operative date of the valuation manual. In calculating reserves, the Commissioner may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves required of a foreign or alien company, the Commissioner may accept a valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when the valuation complies with the minimum standard provided in this Code section. (B) The provisions set forth in subsections (e) through (n) of this Code section shall apply to all policies and contracts, as appropriate, subject to this Code section issued on or after January 1, 1966, and prior to the operative date of the valuation manual and the provisions set forth in subsections (o) and (p) of this Code section shall not apply to any such policies and contracts. (C) The minimum standard for the valuation of such policies and contracts issued prior to January 1, 1966, shall be as required under the laws in effect immediately prior to January 1, 1966, or the minimum provided in subsection (e) of this Code section if less. (2)(A) The Commissioner shall annually value, or cause to be valued, the reserve liabilities (hereinafter called reserves) for all outstanding life insurance contracts, annuity and pure endowment contracts, accident and health contracts, and deposittype contracts of every company issued on or after the operative date of the valuation manual. In lieu of the valuation of the reserves required of a foreign or alien company, the Commissioner may accept a valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when the valuation complies with the minimum standard provided in this Code section. (B) The provisions set forth in subsections (o) and (p) of this Code section shall apply to all policies and contracts issued on or after the operative date of the valuation manual. (d)(1)(A) Prior to the operative date of the valuation manual, every life insurance company doing business in this state shall annually submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the Commissioner by regulation are computed appropriately, are based on assumptions that satisfy contractual provisions, are consistent with prior reported amounts, and comply with applicable laws of this state. The Commissioner shall define by regulation the specifics of this opinion and add any other items deemed to be necessary to its scope. (B)(i) Every life insurance company, except as exempted by regulation, shall also annually include in the opinion required by subparagraph (A) of this paragraph, an opinion of the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the 2536 JOURNAL OF THE SENATE Commissioner by regulation, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, make adequate provision for the company's obligations under the policies and contracts, including but not limited to the benefits under and expenses associated with the policies and contracts. (ii) The Commissioner may provide by regulation for a transition period for establishing any higher reserves that the qualified actuary may deem necessary in order to render the opinion required by this subsection. (C) Each opinion required by subparagraph (B) of this paragraph shall be governed by the following provisions: (i) A memorandum, in form and substance acceptable to the Commissioner as specified by regulation, shall be prepared to support each actuarial opinion; and (ii) If the insurance company fails to provide a supporting memorandum at the request of the Commissioner within a period specified by regulation or the Commissioner determines that the supporting memorandum provided by the insurance company fails to meet the standards prescribed by the regulations or is otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting memorandum required by the Commissioner. (D) Every opinion required by this subsection shall be governed by the following provisions: (i) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after December 31, 1994; (ii) The opinion shall apply to all business in force including individual and group health insurance plans, in form and substance acceptable to the Commissioner as specified by regulation; (iii) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board and on such additional standards as the Commissioner may by regulation prescribe; (iv) In the case of an opinion required to be submitted by a foreign or alien company, the Commissioner may accept the opinion filed by that company with the insurance supervisory official of another state if the Commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state; (v) For the purposes of this subsection, the term 'qualified actuary' means a member in good standing of the American Academy of Actuaries who meets the requirements set forth in the regulation; (vi) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurance company and the TUESDAY, MARCH 31, 2015 2537 Commissioner, for any act, error, omission, decision or conduct with respect to the actuary's opinion; (vii) Disciplinary action by the Commissioner against the company or the qualified actuary shall be defined in regulations by the Commissioner; (viii) Except as provided in divisions (xii), (xiii), and (xiv) of this subparagraph, documents, materials, or other information in the possession or control of the department that are a memorandum in support of the opinion, and any other material provided by the company to the Commissioner in connection with the memorandum, shall be confidential by law and privileged, shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner's official duties; (ix) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to division (viii) of this subparagraph; (x) In order to assist in the performance of the Commissioner's duties, the Commissioner: (I) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to division (viii) of this subparagraph with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, materials, or other information; (II) May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and (III) May enter into agreements governing sharing and use of information consistent with divisions (viii) through (x) of this subparagraph; (xi) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this subsection or as a result of sharing as authorized in division (x) of this subparagraph; 2538 JOURNAL OF THE SENATE (xii) A memorandum in support of the opinion, and any other material provided by the company to the Commissioner in connection with the memorandum, may be subject to subpoena for the purpose of defending an action seeking damages from the actuary submitting the memorandum by reason of an action required by this subsection or by regulations promulgated hereunder; (xiii) The memorandum or other material may otherwise be released by the Commissioner with the written consent of the company or to the American Academy of Actuaries upon request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum or other material; and (xiv) Once any portion of the confidential memorandum is cited by the company in its marketing or is cited before a governmental agency other than a state insurance department or is released by the company to the news media, all portions of the confidential memorandum shall be no longer confidential. (2)(A) On and after the operative date of the valuation manual, every company with outstanding life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and subject to regulation by the Commissioner shall annually submit the opinion of the appointed actuary as to whether the reserves and related actuarial items held in support of the policies and contracts are computed appropriately, are based on assumptions that satisfy contractual provisions, are consistent with prior reported amounts and comply with applicable laws of this state. The valuation manual will prescribe the specifics of this opinion including any items deemed to be necessary to its scope. (B) Every company with outstanding life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and subject to regulation by the Commissioner, except as exempted in the valuation manual, shall also annually include in the opinion required by subparagraph (A) of this paragraph, an opinion of the same appointed actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified in the valuation manual, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, make adequate provision for the company's obligations under the policies and contracts, including but not limited to the benefits under and expenses associated with the policies and contracts. (C) Each opinion required by subparagraph (B) of paragraph (2) of this subsection shall be governed by the following provisions: (i) A memorandum, in form and substance as specified in the valuation manual, and acceptable to the Commissioner, shall be prepared to support each actuarial opinion; and (ii) If the insurance company fails to provide a supporting memorandum at the request of the Commissioner within a period specified in the valuation manual or TUESDAY, MARCH 31, 2015 2539 the Commissioner determines that the supporting memorandum provided by the insurance company fails to meet the standards prescribed by the valuation manual or is otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting memorandum required by the Commissioner. (D) Every opinion required by paragraph (2) of this subsection shall be governed by the following provisions: (i) The opinion shall be in form and substance as specified in the valuation manual and acceptable to the Commissioner; (ii) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after the operative date of the valuation manual; (iii) The opinion shall apply to all policies and contracts subject to subparagraph (B) of paragraph (2) of this subsection, plus other actuarial liabilities as may be specified in the valuation manual; (iv) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board or its successor, and on such additional standards as may be prescribed in the valuation manual; (v) In the case of an opinion required to be submitted by a foreign or alien company, the Commissioner may accept the opinion filed by that company with the insurance supervisory official of another state if the Commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state; (vi) Except in cases of fraud or willful misconduct, the appointed actuary shall not be liable for damages to any person, other than the insurance company and the Commissioner, for any act, error, omission, decision or conduct with respect to the appointed actuary's opinion; and (vii) Disciplinary action by the Commissioner against the company or the appointed actuary shall be defined in regulations by the Commissioner. (e)(1) Except as otherwise provided in paragraph (2) of this subsection and subsection (f) of this Code section, the minimum standards for the valuation of all life insurance policies and annuity or pure endowment contracts issued on or after January 1, 1966, shall be the Commissioner's reserve valuation methods defined in subsections (g), (h), and (i) of this Code section and the following interest rates and tables: (A) Three and one-half percent interest or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest for such policies issued prior to July 1, 1979, 5 1/2 percent interest for single premium life insurance policies, and 4 1/2 percent interest for all other such policies issued on or after July 1, 1979; (B) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 2540 JOURNAL OF THE SENATE Commissioners 1958 Standard Ordinary Mortality Tables for such policies issued prior to the operative date of subsection (e) of Code Section 33-25-4 as amended, except that for any category of such policies issued on female risk modified net premiums and present values, referred to in subsection (g) of this Code section, may be calculated at the insurer's option and with the Commissioner's approval according to an age not more than six years younger than the actual age of the insured; and for such policies issued on or after the operative date of subsection (e) of Code Section 33-25-4, (i) the Commissioners 1980 Standard Ordinary Mortality Table or, (ii) at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors, or (iii) any ordinary mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (C) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table; for such policies issued prior to the date on which the Commissioners 1961 Standard Industrial Mortality Table becomes applicable in accordance with subsection (d) of Code Section 33-25-4 and for such policies issued on or after such date the Commissioners 1961 Standard Industrial Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (D) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the insurer, the Annuity Mortality Table for 1949, ultimate, or any modification of either of these tables approved by the Commissioner; (E) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Commissioner or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts; (F) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or any tables of disablement rates and termination rates, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) TUESDAY, MARCH 31, 2015 2541 Disability Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies; (G) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table or any accidental death benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies; and (H) For group life insurance, life insurance issued on the substandard basis, and other special benefits such tables or appropriate modifications of such tables as may be approved by the Commissioner as being sufficient with relation to the benefits provided by those policies. (2) Except as provided in paragraphs (3) through (7) of this subsection, the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this paragraph, as defined in this paragraph, and for all annuities and pure endowments purchased on or after the operative date under group annuity and pure endowment contracts, shall be the Commissioner's reserve valuation methods defined in subsections (g) and (h) of this Code section and the following tables and interest rates: (A) For individual annuity and pure endowment contracts issued prior to July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 percent interest for single premium immediate annuity contracts and 4 percent interest for all other individual annuity and pure endowment contracts; (B) For individual single premium immediate annuity contracts issued on or after July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 7 1/2 percent interest; (C) For individual annuity and pure endowment contracts issued on or after July 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved 2542 JOURNAL OF THE SENATE by the Commissioner and 5 1/2 percent interest for single premium deferred annuity and pure endowment contracts and 4 1/2 percent interest for all other such individual annuity and pure endowment contracts; (D) For all annuities and pure endowments purchased prior to July 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any modification of this table approved by the Commissioner and 6 percent interest; and (E) For all annuities and pure endowments purchased on or after July 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any group annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such annuities and pure endowments or any modification of these tables approved by the Commissioner and 7 1/2 percent interest. After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with this paragraph after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that if an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979. (f)(1) The interest rates used in determining the minimum standard for the valuation of: (A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4; (B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1994; (C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1994, under group annuity and pure endowment contracts; and (D) The net increase, if any, in a particular calendar year after January 1, 1994, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interest rates as defined in paragraphs (2) through (5) of this subsection. (2) The calendar year statutory valuation interest rates, I, shall be determined as follows and the results rounded to the nearer one-quarter of 1 percent: (A) For life insurance: I = .03 + W(R1 - .03) + 1/2 W(R2 - .09); (B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options: I = .03 + W(R - .03) where R1 is the lesser of R and .09, R2 is the greater of R and .09, R is the reference interest rate defined in paragraph (4) of this subsection, and W is the weighting factor defined in paragraph (3) of this subsection; TUESDAY, MARCH 31, 2015 2543 (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on an issue year basis, except as stated in subparagraph (B) of this paragraph, the formula for life insurance stated in subparagraph (A) of this paragraph shall apply to annuities and guaranteed interest contracts with guarantee durations in excess of ten years and the formula for single premium immediate annuities stated in subparagraph (B) of this paragraph shall apply to annuities and guaranteed interest contracts with guarantee duration of ten years or less; (D) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the formula for single premium immediate annuities stated in subparagraph (B) of this paragraph shall apply; (E) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, the formula for single premium immediate annuities stated in subparagraph (B) of this paragraph shall apply; However, if the calendar year statutory valuation interest rate for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than one-half of 1 percent, the calendar year statutory valuation interest rate for such life insurance policies shall be equal to the corresponding actual rate for the immediately preceding calendar year. For purposes of applying the immediately preceding sentence, the calendar year statutory valuation interest rate for life insurance policies issued in a calendar year shall be determined for 1980 (using the reference interest rate defined for 1979) and shall be determined for each subsequent calendar year regardless of when subsection (e) of Code Section 33-25-4 becomes operative. (3) The weighting factors referred to in the formulas stated above are given in the following tables: (A) Weighting Factors for Life Insurance: Guarantee Duration Years Weighting Factors 10 or less .50 More than 10, but not more than 20 .45 More than 20 .35 For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original policy; (B) Weighting factor for single premium immediate annuities and for annuity 2544 JOURNAL OF THE SENATE benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options: .80; (C) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in subparagraph (B) of this paragraph, shall be as specified in Tables I, II, and III of this subparagraph, according to the rules and definitions in IV, V, and VI of this subparagraph: I. For annuities and guaranteed interest contracts valued on an issue year basis: Guarantee Duration (Years) Weighting Factor for Plan Type ABC 5 or less: .80 .60 .50 More than 5, but not more than 10: .75 .60 .50 More than 10, but not more than 20: .65 .50 .45 More than 20: .45 .35 .35 II. For annuities and guaranteed interest contracts valued on a change in fund basis, the factors shown in Table I increased by: Plan Type AB C .15 .25 .05 III. For annuities and guaranteed interest contracts valued on an issue year basis (other than those with no cash settlement options) which do not guarantee interest on considerations received more than one year after issue or purchase and for annuities and guaranteed interest contracts valued on a change in fund basis which do not guarantee interest rates on considerations received more than 12 months beyond the valuation date, the factors shown in Table I or derived in Table II increased by: Plan Type AB C .05 .05 .05 IV. For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the guarantee duration is the number of years for which the contract guarantees interest rates in excess of the calendar year statutory valuation interest rate for life insurance policies with guarantee duration in excess of 20 years. For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the guarantee TUESDAY, MARCH 31, 2015 2545 duration is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence; V. Plan type as used in the above tables is defined as follows: Plan Type A: At any time policyholder may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted; Plan Type B: Before expiration of the interest rate guarantee, policyholder may withdraw funds only (1) with adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the end of interest rate guarantee, funds may be withdrawn without such adjustment in a single sum or installments over less than five years; Plan Type C: Policyholder may withdraw funds before expiration of interest rate guarantee in a single sum or installments over less than five years either (1) without adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund; VI. An insurer may elect to value guaranteed interest contracts with cash settlement options and annuities with cash settlement options on either an issue year basis or on a change in fund basis. Guaranteed interest contracts with no cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As used in this subsection, an issue year basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration of the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract, and the change in fund basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each change in the fund held under the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of the change in the fund. (4) The reference interest rate referred to in paragraph (2) of this subsection shall be defined as follows: (A) For all life insurance, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on June 30 of the calendar year next preceding the year of issue, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as published in Moody's Investors Service, Inc.; (B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or year of purchase, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as 2546 JOURNAL OF THE SENATE published by Moody's Investors Service, Inc.; (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in subparagraph (B) of this paragraph, with guarantee duration in excess of ten years, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as published by Moody's Investors Service, Inc.; (D) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in subparagraph (B) of this paragraph, with guarantee duration of ten years or less, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as published by Moody's Investors Service, Inc.; (E) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as published by Moody's Investors Service, Inc.; and (F) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, except as stated in subparagraph (B) of this paragraph, the average over a period of 12 months, ending on June 30 of the calendar year of the change in the fund, of Moody's Corporate Bond Yield Average -- Monthly Average Corporates, as published by Moody's Investors Service, Inc. (5) In the event that Moody's Corporate Bond Yield Average -- Monthly Average Corporates is no longer published by Moody's Investors Service, Inc., or, in the event that the National Association of Insurance Commissioners determines that Moody's Corporate Bond Yield Average -- Monthly Average Corporates as published by Moody's Investors Service, Inc., is no longer appropriate for the determination of the reference interest rate, then the alternative method for determination of the reference interest rate, which is adopted by the National Association of Insurance Commissioners and approved by regulation promulgated by the Commissioner, may be substituted. (g)(1) Except as otherwise provided in subsections (l) and (n) of this Code section, reserves according to the Commissioner's reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums, shall be the excess, if any, of the present value at the date of valuation of the future guaranteed benefits provided for by the policies over the then present value of any future modified net premiums therefor. The modified net premiums for the policy shall be the uniform percentage of the respective contract premiums for the benefits, excluding extra premiums on a substandard policy, that the present value at the date of issue of the policy of all the TUESDAY, MARCH 31, 2015 2547 modified net premiums shall be equal to the sum of the then present value of the benefits provided for by the policy and the excess of subparagraph (A) of this paragraph over subparagraph (B) of this paragraph as follows: (A) A net level annual premium equal to the present value at the date of issue of such benefits provided for after the first policy year, divided by the present value at the date of issue of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due; provided, however, that the net level annual premium shall not exceed the net level annual premium on the 19 year premium whole life plan for insurance of the same amount at an age one year higher than the age at issue of the policy; and (B) A net one-year term premium for the benefits provided for in the first policy year. Provided that for any life insurance policy issued on or after the effective date of subsection (h) of Code Section 33-25-4 for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the reserve according to the Commissioner's reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined in this subsection as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess premium shall, except as otherwise provided in subsection (l) of this Code section, be the greater of the reserve as of such policy anniversary calculated as described in the preceding paragraph and the reserve as of such policy anniversary calculated as described in that paragraph, but with (i) the value defined in subparagraph (A) of that paragraph being reduced by 15 percent of the amount of such excess first year premium, (ii) all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (iii) the policy being assumed to mature on such date as an endowment, and (iv) the cash surrender value provided on such date being considered as an endowment benefit. In making the above comparison the mortality and interest bases stated in subsections (e) and (f) of this Code section shall be used. (2) Reserves according to the Commissioner's reserve valuation method for: (A) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums; (B) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code as now or hereafter amended; (C) Disability and accidental death benefits in all policies and contracts; and (D) All other benefits, except life insurance and endowment benefits in life 2548 JOURNAL OF THE SENATE insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the principles of this subsection. (h) This subsection shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code. Reserves according to the Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values at the date of valuation of the future guaranteed benefits, including guaranteed nonforfeiture benefits provided for by the contracts at the end of each respective contract year, over the present value at the date of valuation of any future valuation considerations derived from future gross considerations required by the terms of the contract that become payable prior to the end of the respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values. (i) In no event shall an insurer's aggregate reserve for all life insurance policies, excluding disability and accidental death benefits issued on or after January 1, 1966, be less than the aggregate reserves calculated in accordance with the methods set forth in subsections (g), (h), (l), and (m) of this Code section and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies. In no event shall the aggregate reserves for all policies, contracts, and benefits be less than the aggregate reserves determined by the appointed actuary to be necessary to render the opinion required by subsection (d) of the Code section. (j)(1) Reserves for all policies and contracts issued prior to January 1, 1966, may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all the policies and contracts than the minimum reserves required by the laws in effect immediately prior to that date. (2) For any category of policies, contracts, or benefits specified in subsection (e) of this Code section issued on or after January 1, 1966, reserves may be calculated, at the option of the insurer, according to any standard or standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard provided in this Code section; but the rate or rates of interest used for policies and contracts, other than annuity and pure endowment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for in the policies and contracts. (k) An insurer that at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided TUESDAY, MARCH 31, 2015 2549 for in subsection (i) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided in this subsection; provided, however, that for the purposes of this subsection, the holding of additional reserves previously determined by a qualified actuary to be necessary to render the opinion required by subsection (d) of this Code section shall not be deemed to be the adoption of a higher standard of valuation. (l) If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after January 1, 1966, is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract or the reserve calculated by the method actually used for the policy or contract but using the minimum valuation standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this Code section are those standards stated in subsections (e) and (f) of this Code section. Provided that for any life insurance policy issued on or after the effective date of subsection (h) of Code Section 33-25-4 for which the gross premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides as an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this subsection shall be applied as if the method actually used in calculating the reserve for such policy were the method described in subsection (g) of this Code section, ignoring the second paragraph of paragraph (1) of subsection (g) of this Code section. The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with subsection (g) of this Code section, including the second paragraph of paragraph (1) of subsection (g) of this Code section, and the minimum reserve calculated in accordance with this subsection. (m) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in subsections (e), (g), (h), and (l) of this Code section, the reserves which are held under any such plan must: (1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and (2) Be computed by a method which is consistent with the principles of this Code section, the 'Standard Valuation Law,' as determined by regulations promulgated by the Commissioner. (n) For accident and health insurance contracts issued on or after the operative date of 2550 JOURNAL OF THE SENATE the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under paragraph (2) of subsection (c) of this Code section. For disability, accident and sickness, accident, and health insurance contracts issued prior to the operative date of the valuation manual, the minimum standard of valuation is the standard adopted by the Commissioner by regulation. (o)(1) For policies issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under paragraph (2) of subsection (c) of this Code section, except as provided under paragraphs (5) and (7) of this subsection. (2) The operative date of the valuation manual is January 1 of the first calendar year following the first July 1 as of which all of the following have occurred: (A) The valuation manual has been adopted by the NAIC by an affirmative vote of at least 42 members, or three-fourths of the members voting, whichever is greater; (B) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than 75 percent of the direct premiums written as reported in the following annual statements submitted for 2008: life, accident and health annual statements; health annual statements; or fraternal annual statements; and (C) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least 42 of the following 55 jurisdictions: The 50 states of the United States, American Samoa, the American Virgin Islands, the District of Columbia, Guam, and Puerto Rico. (3) Unless a change in the valuation manual specifies a later effective date, changes to the valuation manual shall be effective on January 1 following the date when the change to the valuation manual has been adopted by the NAIC by an affirmative vote representing: (A) At least three-fourths of the members of the NAIC voting, but not less than a majority of the total membership; and (B) Members of the NAIC representing jurisdictions totaling greater than 75 percent of the direct premiums written as reported in the following annual statements most recently available prior to the vote in subparagraph (A) of this paragraph: life, accident and health annual statements, health annual statements, or fraternal annual statements. (4) The valuation manual must specify all of the following: (A) Minimum valuation standards for and definitions of the policies or contracts subject to paragraph (2) of subsection (c) of this Code section. Such minimum valuation standards shall be: (i) The Commissioner's reserve valuation method for life insurance contracts, other than annuity contracts, subject to paragraph (2) of subsection (c) of this Code section; (ii) The Commissioner's annuity reserve valuation method for annuity contracts subject to paragraph (2) of subsection (c) of this Code section; and TUESDAY, MARCH 31, 2015 2551 (iii) Minimum reserves for all other policies or contracts subject to paragraph (2) of subsection (c) of this Code section; (B) Which policies or contracts or types of policies or contracts that are subject to the requirements of a principle-based valuation in paragraph (1) of subsection (p) of this Code section and the minimum valuation standards consistent with those requirements; (C) For policies and contracts subject to a principle-based valuation under subsection (p) of this Code section: (i) Requirements for the format of reports to the Commissioner under subparagraph (p)(2)(C) of this Code section and which shall include information necessary to determine if the valuation is appropriate and in compliance with this Code section; (ii) Assumptions shall be prescribed for risks over which the company does not have significant control or influence; and (iii) Procedures for corporate governance and oversight of the actuarial function, and a process for appropriate waiver or modification of such procedures; (D) For policies not subject to a principle-based valuation under subsection (p) of this Code section the minimum valuation standard shall either: (i) Be consistent with the minimum standard of valuation prior to the operative date of the valuation manual; or (ii) Develop reserves that quantify the benefits and guarantees, and the funding, associated with the contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring; (E) Other requirements, including, but not limited to, those relating to reserve methods, models for measuring risk, generation of economic scenarios, assumptions, margins, use of company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and memorandums, transition rules, and internal controls; and (F) The data and form of the data required under subsection (q) of this Code section, with whom the data must be submitted, and may specify other requirements including data analyses and reporting of analyses. (5) In the absence of a specific valuation requirement or if a specific valuation requirement in the valuation manual is not, in the opinion of the Commissioner, in compliance with this Code section, then the company shall, with respect to such requirements, comply with minimum valuation standards prescribed by the Commissioner by regulation. (6) The Commissioner may engage a qualified actuary, at the expense of the company, to perform an actuarial examination of the company and opine on the appropriateness of any reserve assumption or method used by the company, or to review and opine on a company's compliance with any requirement set forth in this Code section. The Commissioner may rely upon the opinion, regarding provisions contained within this Code section, of a qualified actuary engaged by the 2552 JOURNAL OF THE SENATE commissioner of another state, district, or territory of the United States. As used in this paragraph, the term 'engage' includes employment and contracting. (7) The Commissioner may require a company to change any assumption or method that in the opinion of the Commissioner is necessary in order to comply with the requirements of the valuation manual or this Code section; and the company shall adjust the reserves as required by the Commissioner. The Commissioner may take other disciplinary action as permitted pursuant to this title. (p)(1) A company must establish reserves using a principle-based valuation that meets the following conditions for policies or contracts as specified in the valuation manual: (A) Quantify the benefits and guarantees, and the funding, associated with the contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring during the lifetime of the contracts. For policies or contracts with significant tail risk, reflects conditions appropriately adverse to quantify the tail risk; (B) Incorporate assumptions, risk analysis methods and financial models and management techniques that are consistent with, but not necessarily identical to, those utilized within the company's overall risk assessment process, while recognizing potential differences in financial reporting structures and any prescribed assumptions or methods; (C) Incorporate assumptions that are derived in one of the following manners: (i) The assumption is prescribed in the valuation manual; or (ii) For assumptions that are not prescribed, the assumptions shall: (I) Be established utilizing the company's available experience, to the extent it is relevant and statistically credible; or (II) To the extent that company data is not available, relevant, or statistically credible, be established utilizing other relevant, statistically credible experience; and (D) Provide margins for uncertainty including adverse deviation and estimation error, such that the greater the uncertainty the larger the margin and resulting reserve. (2) A company using a principle-based valuation for one or more policies or contracts subject to this subsection as specified in the valuation manual shall: (A) Establish procedures for corporate governance and oversight of the actuarial valuation function consistent with those described in the valuation manual; (B) Provide to the Commissioner and the board of directors an annual certification of the effectiveness of the internal controls with respect to the principle-based valuation. Such controls shall be designed to assure that all material risks inherent in the liabilities and associated assets subject to such valuation are included in the valuation, and that valuations are made in accordance with the valuation manual. The certification shall be based on the controls in place as of the end of the preceding calendar year; and (C) Develop, and file with the Commissioner upon request, a principle-based TUESDAY, MARCH 31, 2015 2553 valuation report that complies with standards prescribed in the valuation manual. (3) A principle-based valuation may include a prescribed formulaic reserve component. (q) A company shall submit mortality, morbidity, policyholder behavior, or expense experience and other data as prescribed in the valuation manual. (r)(1) For purposes of this subsection, the term 'confidential information' shall mean: (A) A memorandum in support of an opinion submitted under subsection (d) of this Code section and any other documents, materials, and other information, including, but not limited to, all working papers, and copies thereof, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with such memorandum; (B) All documents, materials, and other information, including, but not limited to, all working papers, and copies thereof, created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under paragraph (6) of subsection (o) of this Code section; provided, however, that if an examination report or other material prepared in connection with an examination made under Chapter 2 of this title is not held as private and confidential information under Chapter 2 of this title, an examination report or other material prepared in connection with an examination made under paragraph (6) of subsection (o) of this Code section shall not be confidential information to the same extent as if such examination report or other material had been prepared under Chapter 2 of this title; (C) Any reports, documents, materials, and other information developed by a company in support of, or in connection with, an annual certification by the company under subparagraph (p)(2)(B) of this Code section evaluating the effectiveness of the company's internal controls with respect to a principle-based valuation and any other documents, materials, and other information, including, but not limited to, all working papers, and copies thereof, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with such reports, documents, materials, and other information; (D) Any principle-based valuation report developed under subparagraph (p)(2)(C) of this Code section and any other documents, materials, and other information, including, but not limited to, all working papers, and copies thereof, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with such report; and (E) Any documents, materials, data, and other information submitted by a company under subsection (q) of this Code section (collectively, 'experience data') and any other documents, materials, data, and other information, including, but not limited to, all working papers, and copies thereof, created or produced in connection with such experience data, in each case that include any potentially company-identifying or personally identifiable information, that is provided to or obtained by the Commissioner (together with any 'experience data,' the 'experience materials') and any other documents, materials, data, and other information, including, but not 2554 JOURNAL OF THE SENATE limited to, all working papers, and copies thereof, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with such experience materials. (2)(A) Except as provided in this subsection, a company's confidential information is confidential by law and privileged, and shall not be subject to Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action; provided, however, that the Commissioner is authorized to use the confidential information in the furtherance of any regulatory or legal action brought against the company as a part of the Commissioner's official duties. (B) Neither the Commissioner nor any person who received confidential information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning any confidential information. (C) In order to assist in the performance of the Commissioner's duties, the Commissioner may share confidential information (i) with other state, federal, and international regulatory agencies and with the NAIC and its affiliates and subsidiaries, and (ii) in the case of confidential information specified in subparagraphs (A) and (D) of paragraph (1) of this subsection only, with the Actuarial Board for Counseling and Discipline or its successor upon request stating that the confidential information is required for the purpose of professional disciplinary proceedings and with state, federal, and international law enforcement officials; in the case of (i) and (ii), provided that such recipient agrees, and has the legal authority to agree, to maintain the confidentiality and privileged status of such documents, materials, data, and other information in the same manner and to the same extent as required for the Commissioner. (D) The Commissioner may receive documents, materials, data, and other information, including otherwise confidential and privileged documents, materials, data, or information, from the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement officials of other foreign or domestic jurisdictions, and from the Actuarial Board for Counseling and Discipline or its successor and shall maintain as confidential or privileged any document, material, data, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information. (E) The Commissioner may enter into agreements governing sharing and use of information consistent with this paragraph. (F) No waiver of any applicable privilege or claim of confidentiality in the confidential information shall occur as a result of disclosure to the Commissioner under this subsection or as a result of sharing as authorized in subparagraph (C) of paragraph (2) of this subsection. (G) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this paragraph shall be TUESDAY, MARCH 31, 2015 2555 available and enforced in any proceeding in, and in any court of, this state. (H) In this subsection, the terms 'regulatory agency,' 'law enforcement agency,' and the 'NAIC' include, but are not limited to, their employees, agents, consultants and contractors. (3) Notwithstanding this paragraph, any confidential information specified in subparagraphs (A) and (D) of paragraph (1) of this subsection: (A) May be subject to subpoena for the purpose of defending an action seeking damages from the appointed actuary submitting the related memorandum in support of an opinion submitted under subsection (d) of this Code section or principle-based valuation report developed under subparagraph (p)(2)(C) of this Code section by reason of an action required by this Code section or by regulations promulgated hereunder; (B) May otherwise be released by the Commissioner with the written consent of the company; and (C) Once any portion of a memorandum in support of an opinion submitted under subsection (d) of this Code section or a principle-based valuation report developed under subparagraph (p)(2)(C) of this Code section is cited by the company in its marketing or is publicly volunteered to or before a governmental agency other than a state insurance department or is released by the company to the news media, all portions of such memorandum or report shall no longer be confidential. (s)(1) The Commissioner may exempt specific product forms or product lines of a domestic company that is licensed and doing business only in this state from the requirements of subsection (o) of this Code section, provided: (A) The Commissioner has issued an exemption in writing to the company and has not subsequently revoked the exemption in writing; and (B) The company computes reserves using assumptions and methods used prior to the operative date of the valuation manual in addition to any requirements established by the Commissioner and promulgated by regulation. (2) For any company granted an exemption under this subsection, subsections (d) through (n) of this Code section shall be applicable. With respect to any company applying this exemption, any reference to subsection (o) of this Code section in subsections (d) through (n) of this Code section shall not be applicable. (t)(1) An insurer that has less than $300 million of ordinary life premiums and that is licensed and doing business in this state and that is subject to the requirements of subsections (o) through (r) of this Code section is deemed to pass the exclusion tests associated with life insurance reserve requirements incorporated in the valuation manual, provided that: (A) If the insurer is a member of a group of life insurers, the group has combined ordinary life premiums of less than $600 million; (B) The insurer reported total adjusted capital of at least 450 percent of authorized control level risk based capital in the risk based capital report for the prior calendar year; (C) The appointed actuary has provided an unqualified opinion on the reserves for 2556 JOURNAL OF THE SENATE the prior calendar year; and (D) The insurer has provided a certification by a qualified actuary that any universal life policy with a secondary guarantee issued by the insurer after the operative date of the valuation manual meets the definition of a nonmaterial secondary guarantee universal life product as defined in the valuation manual. (2) For purposes of paragraph (1) of this subsection, ordinary life premiums are measured as direct premium plus reinsurance assumed from an unaffiliated company, as reported in the annual statement for the prior calendar year. (3) A company that meets the requirements under paragraph (1) of this subsection is also subject to the requirements of subsection (l) of this Code section. (4) A domestic company meeting all of the conditions provided in this subsection may file, prior to July 1 of the current calendar year, a statement with the Commissioner certifying that such conditions are met for the current calendar year based on premiums and other values from the financial statements for the prior calendar year. The Commissioner may reject such statement prior to September 1 and require a company to comply with the valuation manual requirements for life insurance reserves." SECTION 2. Said title is further amended by revising subsection (e) of Code Section 33-25-4, relating to required nonforfeiture provisions, as follows: "(e)(1) As used in this subsection, the term 'operative date of the valuation manual' means January 1 of the first calendar year that the valuation manual as defined in subsection (o) of Code Section 33-1-10 becomes effective. (1.1) This subsection shall apply to any life insurance policy issued on or after January 1, 1989, or such earlier date as may have been elected by the insurer with respect to such policy in accordance with the provisions of paragraph (11) of this subsection. Except as provided in paragraph (3) of this subsection, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the date of issue of the policy, of all adjusted premiums shall be equal to the sum of (A) the then present value of the future guaranteed benefits provided for by the policy; (B) one percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (C) 125 percent of the nonforfeiture net level premium as defined in this subsection; provided, however, that in applying the percentage specified in item (C) of this paragraph no nonforfeiture net level premium shall be deemed to exceed 4 percent of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years. The date of issue of a TUESDAY, MARCH 31, 2015 2557 policy for the purpose of this subsection shall be the date as of which the rated age of the insured is determined. (2) The nonforfeiture net level premium shall be equal to the present value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of issue of the policy and on each anniversary of such policy on which a premium falls due. (3) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums or which provide an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values shall initially be calculated on the assumption that future benefits and premiums do not change from those stipulated at the date of issue of the policy. At the time of any such change in the benefits or premiums the future adjusted premiums, nonforfeiture net level premiums and present values shall be recalculated on the assumption that the future benefits and premiums do not change from those stipulated by the policy immediately after the change. (4) Except as otherwise provided in paragraph (7) of this subsection, the recalculated future adjusted premiums for any such policy shall be such uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments and special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change to the newly defined benefits or premiums, of all such future adjusted premiums shall be equal to the excess of (A) the sum of (i) the then present value of the then future guaranteed benefits provided for by the policy and (ii) the additional expense allowance, if any, over (B) the then cash surrender value, if any, or present value of any paid-up nonforfeiture benefit under the policy. (5) The additional expense allowance, at the time of the change to the newly defined benefits or premiums, shall be the sum of (A) 1 percent of the excess, if positive, of the average amount of insurance at the beginning of each of the first ten policy years subsequent to the change over the average amount of insurance prior to the change at the beginning of each of the first ten policy years subsequent to the time of the most recent previous change, or, if there has been no previous change, the date of issue of the policy; and (B) 125 percent of the increase, if positive, in the nonforfeiture net level premium. (6) The recalculated nonforfeiture net level premium shall be equal to the result obtained by dividing (A) by (B) where: (A) Equals the sum of: (i) The nonforfeiture net level premium applicable prior to the change times the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of the change on which a premium would have fallen due had the change not occurred; and 2558 JOURNAL OF THE SENATE (ii) The present value of the increase in future guaranteed benefits provided for by the policy; and (B) Equals the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of change on which a premium falls due. (7) Notwithstanding any other provisions of this subsection to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, such policy has the same tabular mortality cost as an otherwise similar policy issued on the standard basis which provides higher uniform amounts of insurance, adjusted premiums and present values for such substandard policy may be calculated as if it were issued to provide such higher uniform amounts of insurance on the standard basis. (8) All adjusted premiums and present values referred to in this Code section shall for all policies of ordinary insurance be calculated on the basis of (A) the Commissioners 1980 Standard Ordinary Mortality Table or (B) at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; shall for all policies of industrial insurance be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table; and shall for all policies issued in a particular calendar year be calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined in this subsection for policies issued in that calendar year; provided, however, that: (A) At the option of the insurer, calculations for all policies issued in a particular calendar year may be made on the basis of a rate of interest not exceeding the nonforfeiture interest rate, as defined in this subsection, for policies issued in the immediately preceding calendar year; (B) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, any cash surrender value available, whether or not required by subsection (a) of this Code section, shall be calculated on the basis of the mortality table and rate of interest used in determining the amount of such paid-up nonforfeiture benefit and paid-up dividend additions, if any; (C) An insurer may calculate the amount of any guaranteed paid-up nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest rate no lower than that specified in the policy for calculating cash surrender values; (D) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1980 Extended Term Insurance Table for policies of ordinary insurance and not more than the Commissioners 1961 Industrial Extended Term Insurance Table for policies of industrial insurance; (E) For insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on appropriate modifications of the aforementioned tables; TUESDAY, MARCH 31, 2015 2559 (F) For policies issued prior to the operative date of the valuation manual, any Any Commissioners standard ordinary mortality tables adopted after 1980 by the National Association of Insurance Commissioners that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioners 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioners 1980 Extended Term Insurance Table. For policies issued on or after the operative date of the valuation manual, the valuation manual shall provide the Commissioners standard mortality table for use in determining the minimum nonforfeiture standard that may be substituted for the Commissioners 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioners 1980 Extended Term Insurance Table. If the Commissioner approves by regulation any Commissioners standard ordinary mortality table adopted by the National Association of Insurance Commissioners for use in determining the minimum nonforfeiture standard for policies issued on or after the operative date of the valuation manual, then that minimum nonforfeiture standard supersedes the minimum nonforfeiture standard provided by the valuation manual; and (G) For policies issued prior to the operative date of the valuation manual, any Any Commissioners standard industrial mortality tables adopted after 1980 by the National Association of Insurance Commissioners that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial Extended Term Insurance Table. For policies issued on or after the operative date of the valuation manual, the valuation manual shall provide the Commissioners standard mortality table for use in determining the minimum nonforfeiture standard that may be substituted for the Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial Extended Term Insurance Table. If the Commissioner approves by regulation any Commissioners standard industrial mortality table adopted by the National Association of Insurance Commissioners for use in determining the minimum nonforfeiture standard for policies issued on or after the operative date of the valuation manual, then that minimum nonforfeiture standard supersedes the minimum nonforfeiture standard provided by the valuation manual. (9) The nonforfeiture interest rate is defined as follows: (A) For policies issued prior to the operative date of the valuation manual, the The nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be equal to 125 percent of the calendar year statutory valuation interest rate for such policy as defined in Code Section 33-10-13, the Standard Valuation Law, rounded to the nearer one quarter of 1 percent; provided, however, that the nonforfeiture interest rate shall not be less than 4.00 percent. (B) For policies issued on and after the operative date of the valuation manual, the 2560 JOURNAL OF THE SENATE nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be provided by the valuation manual. (10) Notwithstanding any other provision in this title to the contrary, any refiling of nonforfeiture values or their methods of computation for any previously approved policy form which involves only a change in the interest rate or mortality table used to compute nonforfeiture values shall not require refiling of any other provisions of that policy form. (11) After November 1, 1982, any insurer may file with the Commissioner a written notice of its election to comply with the provisions of this subsection with respect to specified policy forms after a specified date before January 1, 1989, which shall be the operative date of this subsection for such specified policy forms. If an insurer makes no such election, the operative date of this subsection for such insurer shall be January 1, 1989." SECTION 3. Said title is further amended by adding a new Chapter 13A to read as follows: "CHAPTER 13A 33-13A-1. This chapter shall be known and may be cited as the 'Mutual Insurance Holding Company Act.' 33-13A-2. As used in this chapter, the term: (1) 'Intermediate stock holding company' means one or more stock corporations that own all of the shares of voting stock of one or more reorganized stock insurers after a reorganization under Code Section 33-13A-3 or a merger under Code Section 3313A-4. (2) 'Majority of the voting stock of the reorganized stock insurer' means shares of the capital stock of the reorganized stock insurer that carry the right to cast a majority of the votes entitled to be cast by all of the outstanding shares of the capital stock of the reorganized stock insurer for the election of directors and on all other matters submitted to a vote of the shareholders of the reorganized stock insurer. The ownership of a majority of the voting stock of the reorganized stock insurer that is required pursuant to this chapter to be at all times owned by a mutual insurance holding company includes indirect ownership through one or more intermediate stock holding companies in a corporate structure approved by the Commissioner. However, indirect ownership through one or more intermediate stock holding companies shall not result in the mutual insurance holding company owning less than the equivalent of a majority of the voting stock of the reorganized stock insurer. The Commissioner shall have jurisdiction over an intermediate stock holding company as if it were a mutual insurance holding company. TUESDAY, MARCH 31, 2015 2561 (3) 'Member' means a person who obtains a membership interest in a mutual insurance holding company by virtue of being a policyholder of a mutual insurer that is the subject of a reorganization plan under Code Section 33-13A-3 or a merger plan under Code Section 33-13A-4. (4) 'Merger plan' means a plan approved by a mutual insurer's board of directors under Code Section 33-13A-4 which proposes to merge a domestic or foreign mutual insurer into an existing mutual insurance holding company or into an intermediate stock holding company, thereby converting the domestic or foreign mutual insurer into a stock insurer. (5) 'Mutual insurance holding company' means a domestic corporation incorporated pursuant to a reorganization plan under Code Section 33-13A-3 or a merger plan under Code Section 33-13A-4, which company is the ultimate parent of a reorganized stock insurer and which may be the parent company of one or more intermediate stock holding companies. (6) 'Policyholder' means a person who is insured under one or more insurance policies or annuity contracts by a mutual insurer at the time of a reorganization under Code Section 33-13A-3 or a merger under Code Section 33-13A-4. (7) 'Reorganization plan' means a reorganization plan adopted by a mutual insurer's board of directors in accordance with Code Section 33-13A-3 or 33-13A-4 which proposes to convert the domestic or foreign mutual insurer into a stock insurer. (8) 'Reorganized stock insurer' means the domestic or foreign stock insurer resulting from a domestic or foreign mutual insurer's reorganization under Code Section 3313A-3 or merger under Code Section 33-13A-4. (9) 'Voting stock' means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a corporation. Voting stock shall also mean any security convertible into or evidencing a right to acquire a voting security. 33-13A-3. (a) A domestic mutual insurer, upon approval of the Commissioner, may reorganize by forming an insurance holding company system, which shall be designated as a mutual insurance holding company, based upon a reorganization plan and continuing the corporate existence of the reorganizing insurer as a stock insurer. Such a reorganization plan must be adopted by the affirmative vote of not less than two-thirds of the mutual insurer's board of directors. The Commissioner, after a public hearing as provided in paragraph (2) of subsection (d) of Code Section 33-13-3, if satisfied that the interests of the policyholders are properly protected and that the reorganization plan is fair and equitable to the policyholders, may approve the proposed reorganization plan and may require as a condition of approval such modifications of the reorganization plan as the Commissioner finds necessary for the protection of the policyholders' interests. A reorganization pursuant to this Code section is subject to the requirements of Code Section 33-13-3. The Commissioner shall retain jurisdiction over a mutual insurance holding company organized pursuant to this Code section to ensure that policyholder 2562 JOURNAL OF THE SENATE interests are protected. (b) All of the initial shares of the capital stock of the reorganized stock insurer shall be issued to the mutual insurance holding company or to an intermediate stock holding company. The membership interests of the policyholders of the reorganized stock insurer shall become membership interests in the mutual insurance holding company. Policyholders of the reorganized stock insurer shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times own a majority of the voting stock of the reorganized stock insurer or an intermediate stock holding company. (c) The reorganization plan shall provide that all of the initial shares of capital stock of the reorganized stock insurer shall be issued to the mutual insurance holding company or to an intermediate stock holding company. The reorganization plan shall provide that the mutual insurance holding company shall at all times own a majority of the voting stock of the reorganized stock insurer or, alternatively, that the mutual insurance holding company shall at all times own the majority of voting stock in an intermediate stock holding company, which intermediate stock holding company shall at all times own all of the voting stock of the reorganized stock insurer. The shares of voting stock required to be owned by the mutual insurance holding company or by an intermediate stock holding company shall not be pledged, hypothecated, or in any way encumbered with regard to any obligation, guaranty, or commitment undertaken by or on behalf of the mutual insurance holding company or the intermediate stock holding company, if any. The reorganization plan shall also provide that the board of directors of the mutual insurance holding company will be elected by the members. (d) The reorganization plan shall provide that membership interests of the policyholders of the mutual insurer shall automatically convert to membership interests in the mutual insurance holding company so long as the policy is in force as of the date the reorganization plan was adopted by the board of directors of the mutual insurer and that, concurrently upon the effective date of the reorganization, the policyholder's membership interests in the mutual insurer shall be extinguished. 33-13A-4. (a) A domestic mutual insurer, upon the approval of the Commissioner, may reorganize by merging its policyholders' membership interests into a mutual insurance holding company formed pursuant to Code Section 33-13A-3 and continuing the corporate existence of the reorganizing insurer as a stock insurer subsidiary of the mutual insurance holding company or an intermediate stock holding company. The Commissioner, after a public hearing as provided in paragraph (2) of subsection (d) of Code Section 33-13-3, if satisfied that the interests of the policyholders are properly protected and that the merger plan is fair and equitable to the policyholders, may approve the merger plan and may require as a condition of approval such modifications of the merger plan as the Commissioner finds necessary for the protection of the policyholders' interests. The Commissioner shall retain jurisdiction over the mutual TUESDAY, MARCH 31, 2015 2563 insurance holding company organized pursuant to this Code section to ensure that policyholder interests are protected. (b) All of the initial shares of the capital stock of the reorganized stock insurer shall be issued to the mutual insurance holding company or to an intermediate stock holding company. The membership interests of the policyholders of the reorganized stock insurer shall become membership interests in the mutual insurance holding company. Policyholders of the reorganized stock insurer shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times own a majority of the voting stock of the reorganized stock insurer or an intermediate stock holding company. A merger of policyholders' membership interests in a mutual insurer into a mutual insurance holding company shall be deemed to be the acquisition of an insurance control company pursuant to Code Section 33-13-3 and is subject to the requirements of Code Section 33-13-3. (c) A foreign mutual insurer which, if a domestic mutual insurer, would be organized under Chapter 14 of this title may reorganize upon the approval of the Commissioner and in compliance with the requirements of any law or rule applicable to the foreign mutual insurer by merging its policyholders' membership interests into a mutual insurance holding company formed pursuant to Code Section 33-13A-3 and continuing the corporate existence of the reorganizing foreign mutual insurer as a foreign stock insurer subsidiary of the mutual insurance holding company or one or more intermediate stock holding companies. The Commissioner, after a public hearing as provided in paragraph (2) of subsection (d) of Code Section 33-13-3, may approve the proposed merger. The reorganizing foreign mutual insurer may remain a foreign company or foreign corporation after the merger and may be admitted to do business in this state, upon approval by the Commissioner. A foreign mutual insurer that is a party to the merger may at the same time redomesticate in this state by complying with the applicable requirements of this state and its state of domicile. The provisions of subsection (b) of this Code section shall apply to a merger authorized under this subsection. 33-13A-5. A mutual insurance holding company resulting from the reorganization of a domestic mutual insurer and the reorganized stock insurer shall be incorporated and governed pursuant to Chapter 14 of this title and subject to Chapter 13 of this title. This requirement shall supersede any conflicting provisions of Chapter 2 of Title 14. The articles of incorporation and any amendments to such articles of the mutual insurance holding company shall be subject to approval of the Commissioner in the same manner as those of an insurer. An intermediate stock holding company shall be incorporated and governed pursuant to Chapter 2 of Title 14. 33-13A-6. A mutual insurance holding company is deemed to be an insurer subject to this title and shall automatically be a party to any proceeding under this title involving an insurer 2564 JOURNAL OF THE SENATE that, as a result of a reorganization pursuant to Code Section 33-13A-3 or a merger pursuant to Code Section 33-13A-4, is a subsidiary of the mutual insurance holding company or one or more intermediate stock holding companies. In any proceeding involving the reorganized stock insurer, the assets of the mutual insurance holding company are deemed to be assets of the estate of the reorganized stock insurer for purposes of satisfying the claims of the reorganized stock insurer's policyholders. A mutual insurance holding company shall not be dissolved or liquidated without the prior approval of the Commissioner. 33-13A-7. (a) Code Section 33-14-76 is not applicable to a reorganization or merger pursuant to this chapter. (b) The demutualization of a mutual insurance holding company is subject to the requirements of Code Section 33-14-76. 33-13A-8. A membership interest in a mutual insurance holding company shall not constitute a security as such term is defined in Code Section 11-8-102. 33-13A-9. (a) The offerings of voting stock by a reorganized stock insurer or intermediate stock holding company to any person other than the mutual insurance holding company or a wholly owned subsidiary thereof, which offering is to occur in connection with the reorganization or merger or is the first to occur after the effective date of the reorganization or merger, shall be made only in accordance with such provisions as the reorganization plan or merger plan may contain governing such an initial offering or with the prior approval of the Commissioner after submission of an application by the proposed issuer. The reorganization plan or merger plan shall describe the terms on which members, officers, and directors of the mutual insurance holding company, as well as any other persons, may participate in such offering. The Commissioner may approve any such application unless the Commissioner finds that the offering would be prejudicial to the members of the mutual holding company. (b) The Commissioner may retain any attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing an application submitted pursuant to this Code section, the cost of which shall be borne by the proposed issuer submitting such application. 33-13A-10. (a) Within 45 days after the date of the Commissioner's approval of a reorganization plan or merger plan pursuant to this chapter, unless extended by the Commissioner for good cause, the mutual insurer shall hold a meeting of its policyholders to vote upon such plan. The mutual insurer shall give notice at least 30 days before the time fixed for TUESDAY, MARCH 31, 2015 2565 the meeting, by first-class mail to the last known address of each policyholder, that the reorganization plan or merger plan will be voted upon at a regular or special meeting of the policyholders. The notice shall include a brief description of the reorganization plan or merger plan and a statement that the Commissioner has approved such plan. The notice shall also include information regarding where the policyholder can obtain copies of the full reorganization plan or merger at no cost to the policyholder. The notice to each policyholder shall also include a written proxy permitting the policyholder to vote for or against the reorganization plan or merger plan. A reorganization plan or merger plan shall be approved only if not less than two-thirds of the policyholders voting in person or by proxy at the meeting vote in favor of such plan. Each policyholder shall be entitled to only one vote regardless of the number of policies owned by the policyholder. (b) If a mutual insurer complies substantially and in good faith with the notice requirements of this Code section, the mutual insurer's failure to give any policyholder any required notice does not impair the validity of any action taken under this Code section. (c) For purposes of voting, policyholder means a person who is eligible to vote under the mutual insurer's articles of incorporation or bylaws and who is also a policyholder of the mutual insurer as of the date on which the reorganization plan or merger plan is initially approved by the board of directors of the mutual insurer. 33-13A-11. The majority of the voting stock of the reorganized stock insurer, which is required by this Code section to be at all times owned by a mutual insurance holding company, shall not be conveyed, transferred, assigned, pledged, subject to a security interest or lien, encumbered, or otherwise hypothecated or alienated by the mutual insurance holding company or intermediate stock holding company. Any conveyance, transfer, assignment, pledge, security interest, lien, encumbrance, hypothecation, or alienation of, in or on the majority of the voting stock of the reorganized stock insurer that is required by this Code section to be at all times owned by a mutual insurance holding company, is in violation of the provisions of this Code section and shall be void in inverse chronological order of the date of such conveyance, transfer, assignment, pledge, security interest, lien, encumbrance, hypothecation, or alienation as to the shares necessary to constitute a majority of such voting stock. The majority of the voting stock of the reorganized stock insurer that is required by this Code section to be at all times owned by a mutual insurance holding company shall not be subject to execution and levy. The shares of the capital stock of the surviving or new company resulting from a merger or consolidation of two or more reorganized stock insurers or two or more intermediate stock holding companies that were subsidiaries of the same mutual insurance holding company are subject to the same requirements, restrictions, and limitations as provided in this Code section to which the shares of the merging or consolidating reorganized stock insurers or intermediate stock holding companies were subject as provided in this Code section prior to the merger or consolidation. 2566 JOURNAL OF THE SENATE 33-13A-12. It is the intent of the General Assembly that the formation of a mutual insurance holding company shall not increase the Georgia tax burden of the mutual insurance holding company system and that a reorganized stock insurer shall continue to be subject to Georgia insurance premium taxation in lieu of all other taxes except as provided in Chapter 8 of this title. 33-13A-13. The Commissioner shall have the authority to promulgate rules and regulations to implement and enforce the provisions of this chapter." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis On the passage of the bill, the yeas were 49, nays 3. N Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T HB 185, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 31, 2015 2567 The following communication was received by the Secretary: March 31, 2015 I inadvertently voted nay on HB 185. Please reflect in the Journal that my intent was to vote YEA. /s/ Horacena Tate District 38th Senator McKoon of the 29th was excused for business outside the Senate Chamber. HB 566. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. Senators Crane of the 28th and Fort of the 39th offered the following amendment #1: Amend HB 566 (LC 28 7599S) by striking lines 815 and 816 and inserting in lieu thereof the following: This Act shall become effective July 1, 2015. On the adoption of the amendment, the President asked unanimous consent. Senator Cowsert of the 46th 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 Beach N Bethel Black N Burke Y Butler N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L E James Y Orrock Y Parent Y Ramsey Rhett Y Seay N Shafer 2568 JOURNAL OF THE SENATE N Cowsert Y Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Jeffares N Jones, B Y Jones, E Jones, H N Kennedy N Kirk Y Ligon N Lucas N Martin E McKoon N Millar N Miller N Mullis Y Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the adoption of the amendment, the yeas were 16, nays 35, and the Crane, Fort amendment #1 was lost. The following communication was received by the Secretary: March 31, 2015 I inadvertently voted yes on Amendment 1 to HB 566. Please reflect in the Journal that my intent was to vote NO. /s/ William T. Ligon, Jr. District 3rd Senator Jones of the 10th moved that HB 566 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Beach N Bethel Black N Burke Y Butler N Cowsert Y Crane Y Davenport N Dugan Y Fort N Ginn N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L E James N Jeffares N Jones, B Y Jones, E N Jones, H N Kennedy N Kirk Y Orrock Y Parent Y Ramsey Rhett Y Seay Y Shafer Y Sims N Stone Y Tate N Thompson, B N Thompson, C N Tippins TUESDAY, MARCH 31, 2015 2569 N Gooch N Harbin Harbison N Harper N Heath Y Henson Y Hill, H Y Ligon Y Lucas N Martin E McKoon N Millar N Miller N Mullis N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the motion, the yeas were 17, nays 34; the motion lost, and HB 566 was not placed on the Table. The following communications were received by the Secretary: March 31, 2015 I inadvertently voted yes to Table HB 566. Please reflect in the Journal that my intent was to vote NO. /s/ William T. Ligon, Jr. District 3 March 31, 2015 I inadvertently voted yes on the motion to Table HB 566. Please reflect in the Journal that my intent was to vote no. /s/ David Shafer District 48 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E N Orrock N Parent N Ramsey N Rhett Y Seay Y Shafer N Sims Y Stone N Tate 2570 JOURNAL OF THE SENATE Y Dugan N Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H N Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 39, nays 14. HB 566, having received the requisite constitutional majority, was passed. Senator Kennedy of the 18th was excused for business outside the Senate Chamber. HB 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones of the 25th. Senators Jones of the 25 and Harper of the 7th offered the following amendment #1: Amend HB 85 (HB 85/FA) by deleting lines 1 and 2 and inserting in lieu thereof the following: To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change provisions relating to the sale or provision of alcoholic beverages within or near certain public buildings or grounds; to provide for local control of distance By inserting after "hospital;" on line 8 the following: to provide for a referendum election as to the manufacture, sale by the package, and distribution of distilled spirits upon the filing of a resolution or ordinance by certain counties; TUESDAY, MARCH 31, 2015 2571 By deleting lines 12 and 13 and inserting in lieu thereof the following: 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, By deleting lines 29 and 30 and inserting in lieu thereof the following: term 'grocery store' means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent of its total retail floor space is reserved for the sale of food and other nonalcoholic items, By inserting between lines 67 and 68 the following: SECTION 2A. Said title is further amended by adding a new subsection to and revising subsection (d) of Code Section 3-4-41, relating to when and how election called, as follows: "(b.1) The governing authority of any county in which lies wholly or partially land which, prior to 1928, was placed under the jurisdiction and control of the State Board of Forestry for use as a state park may pass a resolution or ordinance indicating its desire to permit or prohibit the manufacture, sale, and distribution of distilled spirits in the political subdivision. Upon such resolution or ordinance being filed with the election superintendent of the county, such superintendent shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the county the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited." "(d) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subsection (a) of this Code section, or a resolution or ordinance, as provided in subsection (b.1) of this Code section, is filed with the appropriate election superintendent." Senator Henson of the 41st requested a ruling of the Chair as to the germaneness of the Jones of the 25th amendment #1. The President ruled the amendment not germane. Senators Henson of the 41st and Harper of the 7th offered the following amendment #2: Amend HB 85 (HB 85/FA) by inserting after "authority;" on line 6 the following: to change a definition; By deleting lines 29 and 30 and inserting in lieu thereof the following: term 'grocery store' means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent of its total retail floor space is reserved for the sale of food and other nonalcoholic items, 2572 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Henson, Harper amendment #2 was adopted. Senators Ginn of the 47th, Jones of the 25th, Unterman of the 45th and Miller of the 49th offered the following amendment #3: Amend HB 85 (HB 85/FA) by deleting lines 1 and 2 and inserting in lieu thereof the following: To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change provisions relating to the sale or provision of alcoholic beverages within or near certain public buildings or grounds; to provide for local control of distance By inserting after "hospital;" on line 8 the following: to provide for a referendum election as to the manufacture, sale by the package, and distribution of distilled spirits upon the filing of a resolution or ordinance by certain counties; by deleting "Chapter 3 of" and "the regulation of" on line 12 and by deleting "generally" on line 13; and by inserting between lines 67 and 68 the following: SECTION 2A. Said title is further amended by adding a new subsection to and revising subsection (d) of Code Section 3-4-41, relating to when and how election called, as follows: "(b.1) Upon the passage of a resolution or ordinance of any governing authority of a municipality or county indicating its desire to permit or prohibit the manufacture, sale, and distribution of distilled spirits in the political subdivision being filed with the election superintendent of the county or municipality, such superintendent shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited." "(d) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subsection (a) of this Code section, or a resolution or ordinance, as provided in subsection (b.1) of this Code section, is filed with the appropriate election superintendent." SECTION 2B. Said title is further amended by revising subsection (a) of Code Section 3-4-47, relating to election for purpose of nullifying previous election, as follows: "(a) In any county or municipality which has at any time held an election in accordance with this article, resulting in the approval of the issuance of licenses for the package sales of distilled spirits, the election superintendent of the county or municipality shall, upon a petition signed by at least 35 percent of the registered qualified voters of the political subdivision concerned, as provided in subsection (a) of Code Section 3-4-41, or a resolution or ordinance, as provided in subsection (b.1) of Code Section 3-4-41, proceed to call another election in the same manner as provided in this article for the purpose of nullifying the previous election result." TUESDAY, MARCH 31, 2015 2573 Senator Shafer of the 48th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. Senator Parent of the 42nd offered the following amendment #4: Amend HB 85 (HB 85/FA) by deleting "Chapter 3 of" on lines 1 and 12, deleting "the regulation of" on lines 1 through 2 and 12, and by deleting "generally" on lines 2 and 13. By inserting after "so as" on line 2 the following: to change provisions relating to the sale or provision of alcoholic beverages on or near certain public and private locations; by inserting after "hospital;" on line 8 the following: to allow brewpubs to sell malt beverages for consumption off of the premises; and by inserting between lines 67 and 68 the following: SECTION 2A. Said title is further amended by revising subparagraph (C) of paragraph (2) and paragraph (4) of Code Section 3-5-36, relating to brewpubs and the limited exception to the prohibition against ownership and employment interests between manufacture, distribution, and sale of malt beverages, as follows: "(C)(D) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such beer malt beverages manufactured on the licensed premises to: (i) Licensed licensed wholesale dealers for distribution to retailers and retail consumption dealers; (ii) The public for consumption off the premises pursuant to paragraph (4) of this Code section; or (iii) A combination thereof. Under no circumstances shall such malt beverages be sold by a holder of a brewpub license to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale;" "(4)(A) A brewpub license authorizes the holder of such license to permit an individual to purchase and remove for consumption off the premises up to 64 ounces of malt beverages manufactured on the premises of such brewpub, provided that such individual has purchased and consumed a meal on the premises of the brewpub the same calendar day as such individual purchases such malt beverages for consumption off the premises. A dated receipt for the meal and any malt beverages purchased for consumption off of the premises shall be provided by the licensee or an employee of the licensee to the individual at the time of such purchase. No portion of the malt beverages purchased for consumption off the premises of brewpub may be consumed on the premises of the brewpub. (B) Except as provided in subparagraph (A) of this paragraph, a brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises;" 2574 JOURNAL OF THE SENATE Senator Shafer of the 48th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn N Gooch N Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler N Jackson, B Jackson, L E James Y Jeffares Y Jones, B N Jones, E Y Jones, H E Kennedy N Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Orrock N Parent N Ramsey N Rhett Y Seay Y Shafer Y Sims Y Stone N Tate N Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 35, nays 17. HB 85, having received the requisite constitutional majority, was passed as amended. Senator David Shafer, President Pro Tempore, assumed the Chair. Senator Henson of the 41st was excused for business outside the Senate Chamber. HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to the captive TUESDAY, MARCH 31, 2015 2575 insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Martin of the 9th. The Senate Committee on Insurance and Labor offered the following substitute to HB 552: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for federal home loan bank rights regarding collateral pledged by an insurermember subject to a delinquency proceeding; to provide for definitions; to provide for certain limitations for a receiver to void transfer of certain property in connection with any federal home loan bank security agreement; to provide for transfer avoidance under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-41-2, relating to definitions, as follows: "33-41-2. Terms not otherwise defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term: (1) 'Affiliate' means an individual, partnership, corporation, trust, or estate that 2576 JOURNAL OF THE SENATE directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insurance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, 'control' means: (A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of shares entitled to vote or possessing 50 percent or more of the total value of the outstanding shares of the corporation; and (B) Ownership of 50 percent or more by value of the beneficial interests in a partnership, trust, or estate. (2) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a corporation that is the sole shareholder of an association captive insurance company. (3) 'Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association. (4) 'Captive insurance company' means any pure captive insurance company, association captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (5) 'Controlled unaffiliated business' means: (A) A person: (i) That is not an affiliate; (ii) That has an existing contractual relationship with an affiliate under which the affiliate bears a potential financial loss; and (iii) The risks of which are managed by a captive insurance company under an arrangement approved by the Commissioner; or (B) A reinsurance pooling arrangement with other captive insurance companies that is approved by the Commissioner. (5)(6) 'Industrial insured' means an insured: (A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and casualty agent, broker, or counselor in such person's state of domicile; (B) Whose aggregate annual premiums for insurance on all risks total at least $25,000.00; and (C) Who either: (i) Has at least 25 full-time employees; (ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million. (6)(7) 'Industrial insured captive insurance company' means any domestic insurance TUESDAY, MARCH 31, 2015 2577 company granted a certificate of authority under this chapter to insure or reinsure the risks of industrial insureds and their affiliates and which has as its shareholders or members only industrial insureds that are insured or reinsured by the industrial insured captive insurance company or which has as its sole shareholder or sole member a corporation whose only shareholders are industrial insureds that are insured or reinsured by the industrial insured captive insurance company. (7)(8) 'Parent' means a corporation which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company. (8)(9) 'Pure captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent, and controlled unaffiliated business. (9)(10) 'Risk retention group captive insurance company' is any pure, association, or industrial insured captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established and maintained as a 'risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title. (10)(11) 'Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certificate of authority, and initial capitalization of a captive insurance company." SECTION 1-2. Said title is further amended by revising Code Section 33-41-4, relating to prerequisites to transacting insurance, as follows: "33-41-4. No captive insurance company may transact any insurance in this state unless: (1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state; (2) It maintains its principal place of business in this state; and (3) Any organization providing the principal administrative or management services to such captive insurance company shall maintain its principal place of business in this state and shall be approved by the Commissioner; and (4) Its board of directors holds at least one meeting each year in this state." SECTION 1-3. Said title is further amended by revising Code Section 33-41-7, relating to directors, as follows: "33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one-third one of the directors of every captive insurance company must shall be a resident of this state, except that no more than three directors shall be 2578 JOURNAL OF THE SENATE required to be residents of this state. A and a majority of the directors must shall be citizens of the United States. (c) Every captive insurance company must shall report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director." SECTION 1-4. Said title is further amended by revising subsection (a) of Code Section 33-41-8, relating to amount of capital or surplus, as follows: "(a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however: (1) No A pure captive insurance company incorporated as a stock insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in capital maintain at least $250,000.00 in surplus; or (2) No An association captive insurance company incorporated as a mutual insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in surplus. maintain at least $500,000.00 in surplus; (3) An industrial insured captive insurance company shall maintain at least $500,000.00 in surplus; and (4) A risk retention group shall maintain at least $500,000.00 in surplus. The Commissioner may require additional capital or surplus of any captive insurance company in an amount he or she deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency." SECTION 1-5. Said title is further amended by revising Code Section 33-41-16, relating to examination by the Commissioner or agent, as follows: "33-41-16. (a) The Commissioner or his or her designated agent may visit each captive insurance company at any time and examine its affairs in order to ascertain its financial condition, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these purposes, the Commissioner or his or her designated agent shall have free access to all of the books and records relating to the business of the captive insurance company. The expenses and charges of any examination conducted pursuant to this Code section shall be paid directly by the captive insurance company examined. (b) When necessary or desirable to assist in any examination under this Code section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to facilitate his or her examination under this Code section. The expenses and charges of such TUESDAY, MARCH 31, 2015 2579 persons so retained or designated shall be paid directly by the captive insurance company. The provision of subsection (g) of Code Section 33-2-14 shall apply to examinations of any captive insurance company. (c) All portions of license applications reasonably designated confidential by or on behalf of an applicant pure captive insurance company, all information and documents, and any copies of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter that are reasonably designated confidential by a pure captive insurance company, and all examination reports, preliminary examination reports, working papers, recorded information, other documents, and any copies of any of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter shall be given confidential treatment, except as to disclosures consented to by the pure captive insurance company, and shall not be subject to subpoena, shall not be made public by the Commissioner, and shall not be provided or disclosed to any other person at any time except to: (1) Insurance commissioners of any state or of any foreign country or jurisdiction, provided that: (A) Such receiving party shall agree in writing to maintain the confidentiality of such information; and (B) The laws of the receiving party require such information to be and to remain confidential; or (2) A law enforcement official or agency of this state, any other state, or the United States of America so long as such official or agency agrees in writing to hold it confidential and in a manner consistent with this Code section." SECTION 1-6. Said title is further amended by revising Code Section 33-41-22, relating to taxation, as follows: "33-41-22. All captive insurance companies chartered and licensed under this chapter shall be taxed under the provisions of Chapter 8 of this title and any other provisions of law in the same manner as other domestic insurance companies. In lieu of any other taxes imposed by this title, all captive insurance companies licensed under this chapter shall pay the following taxes: (1) A tax at the rate of 0.4 percent on the first $20 million and 0.3 percent on each dollar thereafter on its direct premiums collected, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums which must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders; (2) A tax at the rate of 0.225 percent on the first $20 million of assumed reinsurance premium, and 0.150 percent on the next $20 million and 0.050 percent on the next $20 million, and 0.025 percent of each dollar thereafter. However, no reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis pursuant to paragraph (1) of this Code section. No reinsurance premium 2580 JOURNAL OF THE SENATE tax shall be payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, provided that the Commissioner verifies that such transaction is part of a plan to discontinue the operations of such other insurer, and if the intent of the parties to such transaction is to renew or maintain such business with the captive insurance company; (3) If the aggregate taxes to be paid by a captive insurance company calculated under paragraphs (1) and (2) of this Code section amount to more than $100,000.00 in any year, the captive insurance company shall pay a maximum tax of $100,000.00 for that year; (4) Two or more captive insurance companies under common ownership and control shall be taxed as though they were a single captive insurance company; and (5) The tax provided for in paragraphs (1) and (2) of this Code section shall be calculated on an annual basis, notwithstanding policies or contracts of insurance or contracts of reinsurance issued on a multiyear basis. In the case of multiyear policies or contracts, the premium shall be prorated for purposes of determining the tax due." PART II SECTION 2-1. Said title is further amended in Code Section 33-37-3, relating to definitions, by adding new paragraphs to read as follows: "(7.1) 'Federal home loan bank' means a federal home loan bank established under the federal Home Loan Bank Act, 12 U.S.C. Section 1421, et seq." "(12.1) 'Insurer-member' means an insurer who is a member of a federal home loan bank." SECTION 2-2. Said title is further amended by revising Code Section 33-37-5, relating to grounds for restraining orders and injunctions, as follows: "33-37-5. (a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (1) The transaction of further business; (2) The transfer of property; (3) Interference with the receiver or with a proceeding under this chapter; (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings; (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders; TUESDAY, MARCH 31, 2015 2581 (8) The levying of execution against the insurer, its assets, or its policyholders; (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter. (b) The receiver may apply to any court outside of the state for the relief described in subsection (a) of this Code section. (c)(1) After the seventh day following the filing of a delinquency proceeding, a federal home loan bank shall not be stayed or prohibited from exercising its rights regarding collateral pledged by an insurer-member. (2) If a federal home loan bank exercises its rights regarding collateral pledged by an insurer-member who is subject to a delinquency proceeding, the federal home loan bank shall repurchase any outstanding capital stock that is in excess of that amount of federal home loan bank stock that the insurer-member is required to hold as a minimum investment to the extent the federal home loan bank in good faith determines the repurchase to be permissible under applicable laws, regulations, regulatory obligations, and the federal home loan bank's capital plan and consistent with the federal home loan bank's current capital stock practices applicable to its entire membership. (d) Following the appointment of a receiver for an insurer-member, the federal home loan bank shall, within ten business days after a request from the receiver, provide a process and establish a timeline for all of the following: (1) The release of collateral that exceeds the amount required to support secured obligations remaining after any repayment of loans as determined in accordance with the applicable agreements between the federal home loan bank and the insurermember; (2) The release of any of the insurer-member's collateral remaining in the federal home loan bank's possession following repayment of all outstanding secured obligations of the insurer-member in full; (3) The payment of fees owed by the insurer-member and the operation of deposits and other accounts of the insurer-member with the federal home loan bank; and (4) The possible redemption or repurchase of federal home loan bank stock or excess stock of any class that an insurer-member is required to own. (e) Upon request from a receiver, the federal home loan bank shall provide any available options for an insurer-member subject to a delinquency proceeding to renew or restructure a loan to defer associated prepayment fees, subject to market conditions, the terms of any loans outstanding to the insurer-member, the applicable policies of the federal home loan bank, and the federal home loan bank's compliance with federal laws and regulations." 2582 JOURNAL OF THE SENATE SECTION 2-3. Said title is further amended by adding a new Code section to read as follows: "33-37-26.1. The receiver for an insurer-member shall not void any transfer of, or any obligation to transfer, money or any other property arising under or in connection with any federal home loan bank security agreement; any pledge, security, collateral, or guarantee agreement; or any other similar arrangement or credit enhancement relating to a federal home loan bank security agreement made in the ordinary course of business and in compliance with the applicable federal home loan bank agreement. However, a transfer may be avoided under this Code section if the transfer was made with intent to hinder, delay, or defraud the insurer-member, the receiver for the insurer-member, or existing or future creditors. This Code section shall not affect a receiver's rights regarding advances to an insurer-member in delinquency proceedings pursuant to 12 C.F.R. Section 1266.4." PART III SECTION 3-1. This Act shall become effective on July 1, 2015. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn 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 Jones, H Y Kennedy Y Kirk Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins TUESDAY, MARCH 31, 2015 2583 Y Gooch Y Harbin Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 48, nays 2. HB 552, having received the requisite constitutional majority, was passed by substitute. Senator Martin of the 9th was excused for business outside the Senate Chamber. HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Regulated Industries and Utilities offered the following substitute to HB 461: A BILL TO BE ENTITLED AN ACT To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change certain provisions relating to the buying and selling of regulated metal property; to provide for and change certain definitions; to change certain provisions relating to verifiable documentation required; to provide for certain restrictions on the purchase of catalytic converters by secondary metals recyclers; to change certain provisions relating to requirements for purchase of burial objects; to change certain provisions relating to records of transactions, false statements in required affidavits, and penalty for making a false statement in execution of affidavit; to provide an exemption for used motor vehicle dealers and used motor vehicle parts dealers under certain circumstances; to change certain provisions relating to required information from secondary metals recyclers and role of the Georgia Bureau of Investigation; to provide for the information maintained in data base established by the Georgia Bureau of Investigation to be considered a trade secret and exempt from 2584 JOURNAL OF THE SENATE disclosure; to provide access to such data base by certain employees; to limit the use of the data base by such employees to certain purposes; to provide for penalties; to provide for the promulgation of certain rules and regulations by the Georgia Bureau of Investigation; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising Code Section 10-1-350, relating to definitions, as follows: "10-1-350. As used in this article, the term: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Business license' means a business license, an occupational tax certificate, and other document required by a county or municipal corporation and issued by the appropriate agency of such county or municipal corporation to engage in a profession or business. (3)(4) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser. (4)(5) ' Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (5)(6) 'Deliverer' means any individual who takes or transports the regulated metal property to the secondary metals recycler. (6)(7) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (7)(8) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (8)(9) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (9)(10) 'Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity. (10)(11) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or a current work authorization TUESDAY, MARCH 31, 2015 2585 issued by the federal government, which shall contain the individual's name, address, and photograph. (11)(12) 'Purchase transaction' means a transaction in which the secondary metals recycler gives consideration in exchange for regulated metal property. (12)(13) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (13)(14) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14)(15) 'Seller' means the rightful owner of the regulated metal property or the individual authorized by the rightful owner of the regulated metal property to conduct the purchase transaction." SECTION 2. Said article is further amended by revising Code Section 10-1-351, relating to verifiable documentation required, as follows: "10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who or by another state that provides a copy of his or her such valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are such coil is the result of a replacement of condenser coils or a heating or air-conditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such coil was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who or by another state that provides a copy of his or her such valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose 2586 JOURNAL OF THE SENATE scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such copper wire was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (c) No secondary metals recycler shall purchase a catalytic converter unless such catalytic converter is: (1) Attached to a vehicle; or (2) Purchased from: (A) A used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (B) A new motor vehicle dealer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler; (C) A motor vehicle repairer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler; (D) A manufacturer or distributor of catalytic converters that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler; (E) A seller with: (i) Verifiable documentation, such as a receipt or work order, indicating that the catalytic converter is the result of a replacement of a catalytic converter performed by a used motor vehicle dealer, new motor vehicle dealer, or motor vehicle repairer. Such documentation shall include a notation as to the make, model, and year of the vehicle in which such catalytic converter was replaced; and (ii) A copy of a certificate of title or registration showing ownership of or interest in the vehicle in which the catalytic converter was replaced; or (F) A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such catalytic converter was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5." TUESDAY, MARCH 31, 2015 2587 SECTION 3. Said article is further amended by revising Code Section 10-1-352, relating to requirements for purchase of burial objects, as follows: "10-1-352. No secondary metals recycler shall purchase a burial object unless it is purchased from: (1) A funeral director licensed under the provisions of pursuant to Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who that provides a copy of his or her such valid registration at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who that provides a copy of his or her a valid business license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; (4) A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object; or (5) A secondary metals recycler who provides the documentation required in paragraphs (1) through (4) of this Code section received from a funeral director, cemetery owner, manufacturer or distributor of burial objects, or a seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such burial object was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5." SECTION 4. Said article is further amended by revising Code Section 10-1-353, relating to record of transaction, false statements in required affidavits transactions, and penalty for making false statement in execution of affidavit, as follows: "10-1-353. (a) A Except as provided in subsection (c), a secondary metals recycler shall maintain a legible record of all purchase transactions. Such record shall include the following information: 2588 JOURNAL OF THE SENATE (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably clear manner; (5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (6) A signed and sworn affidavit statement from the seller stating that such person is the rightful owner of the regulated metal property or has been authorized to sell the regulated metal property being sold; (7) A signed and sworn affidavit statement from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum (aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued registered pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (8) A scanned or photocopied copy of a valid personal identification card of the seller and of the deliverer, if such person is different from the seller; (9) The type of and distinctive number from the personal identification card of the seller and of the deliverer, if such person is different from the seller; (10) The name and date of birth of the seller and of the deliverer, if such person is different from the seller; (9)(11) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and of the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (10) The distinctive number from, and type of, the personal identification card of the seller and the deliverer, if such person is different from the seller; (11)(12) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, make, model, and color of the vehicle used to deliver the regulated metal property to the secondary metals recycler. For purposes TUESDAY, MARCH 31, 2015 2589 of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; and (12)(13) A scanned or photocopied copy of the verifiable documentation, reports, licenses, certificates, and registrations, required pursuant to Code Sections 10-1-351 and 10-1-352. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) When the metal being purchased is a motor vehicle, the seller shall either provide the title to such motor vehicle or fully execute a statement on a form as promulgated by the Department of Revenue in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or form to the Department of Revenue within 72 hours of receipt of the title or form. When the regulated metal property being purchased is a vehicle, the secondary metals recycler shall: (1) If Code Section 40-3-36 is applicable, purchase such vehicle in compliance with such Code section and shall not be required to maintain a record of the purchase transaction as provided in subsection (a) of this Code section or to provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5; or (2) If Code Section 40-3-36 is not applicable, maintain a record of such purchase transaction as provided in subsection (a) of this Code section and provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (d) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71. It shall be a violation of this article to sign the statement required by either paragraph (6) or (7) of subsection (a) of this Code section knowing it to be false, and such violation shall subject the seller to the civil and criminal liability provided in Code Section 10-1-359.2." SECTION 5. Said article is further amended by adding a new Code section to read as follows: "10-1-358.1. The provisions of this article shall not apply to a vehicle purchased in compliance with Code Section 40-3-36 by a used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant Chapter 47 of Title 43." SECTION 6. Said article is further amended by revising Code Section 10-1-359.5, relating to required information from secondary metals recyclers and role of the Georgia Bureau of Investigation, as follows: "10-1-359.5. (a) Each secondary metals recycler shall provide to the Georgia Bureau of Investigation or its designee for each purchase transaction which takes place on or after 2590 JOURNAL OF THE SENATE July 1, 2015, all of the information required by subsection (a) of Code Section 10-1353, for each transaction, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of such Code section, to the Georgia Bureau of Investigation. A secondary metals recycler who maintains on file with the Georgia Bureau of Investigation or its designee a copy of the statement forms such secondary metals recycler requires each seller to sign pursuant to paragraphs (6) and (7) of subsection (a) of Code Section 10-1-353 may satisfy the requirements of such paragraphs by providing to the Georgia Bureau of Investigation or its designee a copy of the individual seller's signature and shall not be required to provide the actual statement signed by each seller, provided the actual statements are maintained by the secondary metals recycler pursuant to subsection (b) of Code Section 10-1-353 and available for inspection pursuant to Code Section 10-1354. The information required to be provided by the secondary metals recyclers to the Georgia Bureau of Investigation or its designee pursuant to this subsection shall be provided electronically. (b) The Georgia Bureau of Investigation or its designee shall establish and maintain a data base of all information required to be provided pursuant to subsection (a) of this Code section. Such information shall be considered to be a trade secret and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50; provided, however, that such exemption shall not relieve the secondary metals recycler of the obligation or requirement to provide such information to the Georgia Bureau of Investigation or its designee. (c) The data base shall be accessible and searchable by: (1) All all law enforcement agencies in this state; and (2) Employees of electric suppliers, as defined in Code Section 46-3-3, and employees of telecommunications companies, as defined in Code Section 46-5-162, provided that such employees have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (d)(1) It shall be unlawful to use the data base established pursuant to subsection (b) of this Code section for any purpose other than the investigation of an alleged crime. (2) Any person who violates or conspires to violate paragraph (1) of this subsection shall be guilty of a felony and, upon conviction, shall receive the following punishment: (A) Upon a first conviction, imprisonment for not less than one nor more than five years or a fine of not more than $5,000.00, or both; or (B) Upon a second or subsequent conviction, imprisonment for not less than five nor more than ten years or a fine of not more than $40,000.00, or both. (e) The Georgia Bureau of Investigation shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this Code section and ensure compliance with applicable federal and state laws. Such rules and regulations shall include, but shall not be limited to:, TUESDAY, MARCH 31, 2015 2591 (1) The the time, manner, and method of the transmittal of the information by the secondary metals recyclers to the Georgia Bureau of Investigation; (2) The manner and method by which employees of electric suppliers and telecommunications companies may access and search the data base and any prerequisites thereto; and (3) The specific information the employees of the electric suppliers and telecommunications companies may access and search within the data base." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas E Martin McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 461, having received the requisite constitutional majority, was passed by substitute. 2592 JOURNAL OF THE SENATE HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others: A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Health and Human Services offered the following substitute to HB 72: A BILL TO BE ENTITLED AN ACT To amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the Official Code of Georgia Annotated, relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to prohibit private causes of actions or civil remedies pursuant to provisions of the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to provide for venue; to provide for abuse, neglect, and exploitation of disabled adults, elder persons, and residents as a racketeering activity; to provide for priority scheduling of cases when the alleged victim is a disabled adult or elder person; to change provisions relating to reporting abuse, neglect, and exploitation of disabled adults and elder persons; to change provisions relating to inspection of premises pursuant to inspection warrants; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to revise the Good Samaritan law to provide for damaging property in emergency situations; to amend Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, so as to cross-reference the Good Samaritan law; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-100, relating to definitions for the protection of elder TUESDAY, MARCH 31, 2015 2593 persons, by adding a new paragraph to read as follows: "(7.1) 'Mentally or physically incapacitated' means an impairment which substantially affects an individual's ability to: (A) Provide personal protection; (B) Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care; (C) Carry out the activities of daily living; or (D) Manage his or her resources." SECTION 1-2. Said title is further amended by revising Code Section 16-5-103, relating to exceptions to criminal liability, as follows: "16-5-103. (a) 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. (b) A violation of this article shall not give rise to a private cause of action or civil remedies under subsection (b) or (c) of Code Section 16-14-6 against a long-term care facility or any owner, officer, employee, operator, or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to the state pursuant to state law." SECTION 1-3. Said title is further amended by revising Code Section 16-5-104, relating to applicability, and by adding a new Code section to read as follows: "16-5-104. For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In any county in which any act was performed in furtherance of the violation; or (2) In any county in which any alleged victim resides. 16-5-105. This article shall be cumulative and supplemental to any other law of this state." SECTION 1-4. Said title is further amended in subparagraph (A) of paragraph (9) of Code Section 16-143, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations Act)," by deleting "or" at the end of division (xl), by replacing the period with "; or" at the end of division (xli), and by adding a new division to read as follows: "(xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons." 2594 JOURNAL OF THE SENATE SECTION 1-5. Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for trial, is amended by revising Code Section 17-8-1, relating to cases to be called in the order in which they stand on docket, as follows: "17-8-1. (a) The cases on the criminal docket shall be called in the order in which they stand on the docket unless the defendant accused is in jail or, otherwise, in the sound discretion of the court. (b)(1) As used in this Code section, the terms 'disabled adult' and 'elder person' shall have the same meaning as set forth in Code Section 16-5-100. (2) When the alleged victim is a disabled adult or elder person, the prosecuting attorney shall notify the accused if it intends to seek preferred scheduling. The notice shall be in writing and shall: (A) Allege the specific factor or factors that will inhibit a disabled adult from attending or participating in court proceedings if he or she is a disabled adult; or (B) State the age of the alleged victim if he or she is an elder person. (3) When notice has been given pursuant to paragraph (2) of this subsection, the court shall set a date for a hearing on the issue within 14 days after the filing of such notice. The court shall consider the matter and if the court determines that preferred scheduling is necessary, the trial shall not be: (A) Subject to subsection (a) of this Code section; and (B) Earlier than 30 days from the date of the hearing." SECTION 1-6. 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, 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) 'Department' means the Department of Human Services. (4) 'Director' means the director of the Division of Aging Services of the Department of Human Services, or the director's designee. (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: (A) Is mentally or physically incapacitated or has; (B) Has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia,; or (C) Has dementia, as defined in Code Section 16-5-100. TUESDAY, MARCH 31, 2015 2595 (6) 'Elder person' means a person 65 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. (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. (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. (9) 'Fiduciary' shall have the same meaning as set forth in Code Section 7-1-4. (10) 'Financial institution' shall have the same meaning as set forth in Code Section 7-1-4. (11) 'Investment company' means an individual or a corporation, a partnership, a limited liability corporation, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated that: (A) Is engaged or proposes to engage in the business of effecting transactions in securities; (B) Is engaged or proposes to engage in the business of issuing securities, or has been engaged in such business and has any certificates outstanding; or (C) Is engaged or holds itself out to be in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. (12) 'Long-term care facility' shall have the same meaning as set forth in Code Section 31-8-81. (13) 'Mentally or physically incapacitated' means an impairment which substantially affects an individual's ability to: (A) Provide personal protection; (B) Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care; (C) Carry out the activities of daily living; or (D) Manage his or her resources. (9)(14) '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. (10)(15) '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 2596 JOURNAL OF THE SENATE on behalf of a disabled adult or elder person. (16) 'Resident' shall have the same meaning as set forth in Code Section 31-8-81. (17) 'Security' shall have the same meaning as set forth in Code Section 10-5-2. (11)(18) '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 1-7. Said chapter is further amended by revising subparagraph (a)(1)(B) and subsections (b) and (c) of Code Section 30-5-4, relating to reporting of need for protective services, as follows: "(B) Any employee of a financial institution, as defined in Code Section 7-1-4, or investment company 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 or investment company while that employee is acting as a fiduciary, as defined in Code Section 71-4, but only for such assets that the employee is holding or managing in a fiduciary capacity." "(b)(1)(A) A report that a disabled adult or elder person who is not a resident of a long-term care facility as defined in Code Section 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 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, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney make a reasonable determination based on available information as to whether the incident alleges actions by an individual, other than the disabled adult or elder person, that constitute a crime and include such information in their report. If a crime is suspected, the report shall immediately be TUESDAY, MARCH 31, 2015 2597 forwarded to the appropriate law enforcement agency or prosecuting attorney. During an adult protective agency's investigation, it shall be under a continuing obligation to immediately report the discovery of any evidence that may constitute a crime. (B) If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-81 person is 65 years of age or older and is a resident, 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. (2) Reporting required by subparagraph (A)(1) of this subsection The report may be made by oral or written communication. Such The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. (3) When a report of a disabled adult's or elder person's abuse, neglect, or exploitation is originally reported to All such reports prepared by a law enforcement agency, it shall be forwarded by such agency to the director or his or her designee within 24 hours of receipt. (c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil liability or criminal liability prosecution on account of such report or testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud. Any financial institution, as defined in Code Section 7-1-4 or investment company, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil liability or criminal liability prosecution on account of such report or testimony or participation of its employee, unless such financial institution or investment company knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts." 2598 JOURNAL OF THE SENATE SECTION 1-8. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising paragraph (2) of subsection (a) of Code Section 31-2-9, relating to record check requirements for certain facilities, as follows: "(2) 'Crime' means commission of the following offenses: (A) A violation of Code Section 16-5-1; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Article 8 of Chapter 5 of Title 16; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41; (M) A felony violation of Code Section 31-7-12.1; (M)(N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere; or (N)(O) Any other criminal offense as determined by the department and established by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that would indicate the unfitness of an individual to provide care to or be in contact with persons residing in a facility." SECTION 1-9. Said title is further amended by adding a new Code section to read as follows: "31-2-13. (a) As used in this Code section, the term 'commissioner' means the commissioner of community health or his or her designee. (b) Nothing in this Code section shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or pursuant to a rule or regulation enacted pursuant to this title. (c) An inspection warrant is an order, in writing, signed by a judicial officer, directed to the commissioner or any person authorized to make inspections for such commissioner and commanding him or her to conduct an inspection required or authorized by: (1) This title; (2) Any other law administered by the commissioner; (3) Rules or regulations promulgated pursuant to this title; or TUESDAY, MARCH 31, 2015 2599 (4) Rules or regulations promulgated pursuant to any other law administered by the commissioner. (d) The commissioner or any person authorized to make inspections for such commissioner shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21. (e)(1) An inspection warrant shall be issued only upon cause and when supported by an affidavit which: (A) Particularly describes the place, dwelling, structure, premises, or vehicle to be inspected; (B) Particularly describes the purpose for which the inspection is to be made; and (C) Contains either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. (2) Cause to support the issuance of an inspection warrant shall be deemed to exist if: (A) Reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle; or (B) There is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle. (f) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfaction that such extension or renewal is in the public interest. Such inspection warrant shall be executed and returned to the judicial officer by whom it was issued within the time specified in such warrant or within the extended or renewed time. After the expiration of such time, the inspection warrant, unless executed, shall be void. (g) An inspection pursuant to an inspection warrant: (1) May be executed at any time as deemed appropriate by the individual executing such warrant but whenever possible shall be made at any time during operating or regular business hours; (2) Should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle being inspected unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the law, rule, or regulation being enforced; and (3) Shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry when facts are shown: (A) Which are sufficient to create a reasonable suspicion of a violation of this title or any other law, rule, or regulation administered by the commissioner or the department, which, if such violation existed, would be an immediate threat to health or safety; or (B) Establishing that a reasonable attempt to serve a previous inspection warrant has been unsuccessful. (h) When prior consent for an inspection has been sought and refused and an investigation warrant has been issued, an inspection warrant may be executed without 2600 JOURNAL OF THE SENATE further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle being inspected. (i) It shall be unlawful for any owner, operator, or employee of the particular place, dwelling, structure, premises, or vehicle being inspected to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this Code section. Any person violating this Code section shall be guilty of a misdemeanor." SECTION 1-10. Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement, is amended by revising subsection (b) of Code Section 31-5-10, relating to notifying department or board of health of conditions on private property which are injurious to the public and inspection warrants, as follows: "(b) Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the department Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section 31-5-21. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records." SECTION 1-11. Said title is further amended by revising Code Section 31-5-20, relating to "inspection warrant" defined, as follows: "31-5-20. As used in this chapter article, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health." SECTION 1-12. Said title is further amended by revising Code Section 31-5-21, relating to persons who may obtain inspection warrants, as follows: "31-5-21. The commissioner or the commissioner of community of public health or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner of community public health or the director of any county board of health, TUESDAY, MARCH 31, 2015 2601 or the agents of any, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Public Health or a local agency thereof or by the Department of Community Health." SECTION 1-13. Said title is further amended by revising Code Section 31-5-24, relating to excluding evidence, as follows: "31-5-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party." PART II SECTION 2-1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by revising Code Section 51-1-29, relating to liability of persons rendering emergency care, as follows: "51-1-29. (a) Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person. (b) As used in this Code section, the term 'emergency care' shall include, but shall not be limited to, the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle." SECTION 2-2. Code Section 16-3-20 of the Official Code of Georgia Annotated, relating to justification, is amended by revising paragraph (5) as follows: "(5) When the person's conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or" PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. 2602 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 E James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 0. HB 72, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 72. Had I been present, I would have voted yes. /s/ Bruce Thompson District 14 TUESDAY, MARCH 31, 2015 2603 The following Senators were excused as Conferees: Harper of the 7th Mullis of the 53rd The following Senators were excused for business outside the Senate Chamber: Unterman of the 45th Williams of the 27th HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The Senate Committee on Finance offered the following substitute to HB 308: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, is amended by revising Code Section 48-7-29.8, relating to a tax credit for the rehabilitation of historic structures, as follows: "48-7-29.8. (a) As used in this Code section, the term: (1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Natural Resources as meeting the United States Secretary of the Interior's Standards for Rehabilitation or the Georgia Standards for 2604 JOURNAL OF THE SENATE Rehabilitation as provided by the Department of Natural Resources. (2) 'Certified structure' means a historic building or structure that is located within a national historic district, individually listed on the National Register of Historic Places, individually listed in the Georgia Register of Historic Places, or is certified by the Department of Natural Resources as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence of the person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such person's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. (4) 'Qualified rehabilitation expenditure' means any qualified rehabilitation expenditure as defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed: (A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(1)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property. (6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures. Qualified rehabilitation expenditures may only be counted once in determining the amount of the tax credit available, and more than one entity may not claim a credit for TUESDAY, MARCH 31, 2015 2605 the same qualified rehabilitation expenditures. (c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month period an individual certified structure. (2) In no event shall credits for a certified structure exceed $300,000.00 in any 120 month period The maximum credit for any other individual certified structure shall be $5 million for any taxable year, except in the case that the project creates 200 or more full-time, permanent jobs or $5 million in annual payroll within two years of the placed in service date, in which case the project is eligible for credits up to $20 million for an individual certified structure. Any credit exceeding $5 million shall be issued by the Department of Revenue over a two-year period beginning with the year the project is placed in service. (3) In no event shall credits issued under this Code section for projects earning more than $300,000.00 in credits exceed in the aggregate $25 million per calendar year. (d)(1) A taxpayer seeking to claim a tax credit under paragraph (2) of subsection (b) of this Code section shall submit an application to the commissioner for preapproval of such tax credit. Such application shall include a precertification from the Department of Natural Resources certifying that the improvements to the certified structure are to be consistent with the Department of Natural Resources Standards for Rehabilitation. The Department shall have the authority to require electronic submission of such application in the manner specified by the department. The commissioner shall preapprove the tax credits within 30 days based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. For applications on projects over the annual $25 million limitation, those applications shall be given priority the following year. (2) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayer's state tax return a copy of the completed certification of the Department of Natural Resources verifying that the improvements to the certified structure are consistent with the Department of Natural Resources Standards for Rehabilitation. (e)(1) If the credit allowed under paragraph (1) of subsection (b) of this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of: (A) The full amount of the excess is used; or (B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) Any tax credits with respect to credits earned by a taxpayer under paragraph (2) of subsection (b) of this Code section and previously claimed but not used by such taxpayer against its income tax may be transferred or sold in whole or in part by such taxpayer to another Georgia taxpayer, subject to the following conditions: 2606 JOURNAL OF THE SENATE (A) A taxpayer who makes qualified rehabilitation expenditures may sell or assign all or part of the tax credit that may be claimed for such costs and expenses to one or more entities, and any entity to which all or part of the credit is sold or assigned may sell or assign all or part of the tax credit to another entity. There is no limit on the total number of transactions for the sale or assignment of all or part of the total tax credit authorized under this subsection; provided, however, that collectively, all transfers are subject to the maximum total limits provided by subsection (c) of this Code section; (B) A taxpayer who sells or assigns a credit under this Code section and the entity to which the credit is sold or assigned shall jointly submit written notice of the sale or assignment to the department not later than 30 days after the date of the sale or assignment. The notice must include: (i) The date of the sale or assignment; (ii) The amount of the credit sold or assigned; (iii) The names and federal tax identification numbers of the entity that sold or assigned the credit or part of the credit and the entity to which the credit or part of the credit was sold or assigned; and (iv) The amount of the credit owned by the selling or assigning entity before the sale or assignment and the amount the selling or assigning entity retained, if any, after the sale or assignment; (C) The sale or assignment of a credit in accordance with this Code section does not extend the period for which a credit may be carried forward and does not increase the total amount of the credit that may be claimed. After an entity claims a credit for eligible costs and expenses, another entity may not use the same costs and expenses as the basis for claiming a credit; and (D) Notwithstanding the requirements of this subsection, a credit earned or purchased by, or assigned to, a partnership, limited liability company, Subchapter 'S' corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of that entity and claimed under this Code section in accordance with the provisions of any agreement among the partners, members, or shareholders of that entity and without regard to the ownership interest of the partners, members, or shareholders in the rehabilitated certified structure, provided that the entity or person that claims the credit must be subject to Georgia tax. (E) Only a taxpayer who earned a credit, and no subsequent good faith transferee, shall be responsible in the event of a recapture, reduction, disallowance, or other failure related to such credit. (2)(3) No such credit shall be allowed the taxpayer against prior years' tax liability. (f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section. (g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, TUESDAY, MARCH 31, 2015 2607 upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer. (2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchaser's tax return a copy of the approval of the rehabilitation by the Department of Natural Resources as provided in subsection (d) and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(1) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows: (A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner. (i)(1) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total sales tax receipts from the certified structure. (2) Any taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section shall report to the department the average full-time employees employed at the certified structure. A full-time employee for the purposes of this Code section shall mean a person who works a job that requires 30 or more hours per week. Such reports must be submitted to the department for five calendar years following the year in which the credit is claimed by the taxpayer. (3) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total full-time employees at the certified structure. (j) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, the department shall furnish a report to the chairperson of House Committee on Ways and Means and the chairperson of the Senate Finance Committee by June 30 of each year. Such report shall contain the total sales tax collected in the prior calendar year and the average number of full-time employees at the certified structure and the total value of credits claimed for each taxpayer claiming credits under paragraph (2) of subsection (b) of this Code 2608 JOURNAL OF THE SENATE section. (i)(k) The tax credit allowed under paragraph (1) of subsection (b) of this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of any other tax credit with respect to the project. (j)(l) The Department of Natural Resources and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes of this Code section. (k)(m) The Department of Natural Resources shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed." SECTION 2. The amendments enacted in this Act shall take effect on January 1, 2016, and shall be applicable to certified rehabilitations completed on or after January 1, 2017, and shall stand repealed on December 31, 2021, unless otherwise modified by the General Assembly. In the event the amendments provided for in this Act are repealed, the provisions of Code Section 48-7-29.8 as they existed prior to this Act shall remain in full force and effect. 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 Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Davenport Dugan Fort Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Thompson, B Y Thompson, C TUESDAY, MARCH 31, 2015 2609 Y Ginn N Gooch N Harbin Y Harbison C Harper N Heath Y Henson N Hill, H Y Kirk N Ligon N Lucas Y Martin N McKoon Y Millar Y Miller C Mullis N Tippins Y Tolleson E Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 36, nays 10. HB 308, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 308. Had I been present, I would have voted No. /s/ Bruce Thompson District 14 Senator Cowsert of the 46th was excused for business outside the Senate Chamber. HB 412. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Martin of the 9th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 2610 JOURNAL OF THE SENATE Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison C Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L E James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 0. HB 412, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Gooch of the 51st Ligon, Jr. of the 3rd HB 98. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for an effective date and applicability; 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. TUESDAY, MARCH 31, 2015 2611 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Beach Y Bethel Y Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin 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 E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk E Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 0. HB 98, having received the requisite constitutional majority, was passed. Senator Harper of the 7th was excused as a Conferee. HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th: A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; to provide for related matters; 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. 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 Beach Y Bethel Y Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn E Gooch Y Harbin Y Harbison C Harper Y Heath Y 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 Jones, H Y Kennedy Y Kirk E Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 45, nays 0. HB 94, having received the requisite constitutional majority, was passed. HB 123. By Representative Yates of the 73rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; 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: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey TUESDAY, MARCH 31, 2015 2613 Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison C Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 123, having received the requisite constitutional majority, was passed. HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. Senator Ligon of the 3rd and Stone of the 23rd offered the following amendment #1: Amend HB 99 by adding on line 33 after the word "annulled" the words "that the party intends to terminate the joint tenancy, identifies the book and page of recordation of the deed creating the joint tenancy" by adding on line 35 the sentence: The clerk of court shall enter a notation on the deed creating the joint tenancy that the joint tenancy has been converted to a tenancy in common. 2614 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Ligon, Jr., Stone 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 Beach Y Bethel Y Black Y Burke N Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn E Gooch Y Harbin Y Harbison C Harper Y Heath N 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Orrock Y Parent N Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone N Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 42, nays 5. HB 99, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 461, 72, 308, 412, 98, 94, 123, 99. Had I been present, I would have voted yea. /s/ David E. Lucas, Sr. District 26 TUESDAY, MARCH 31, 2015 2615 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 109. By Senators Orrock of the 36th and Unterman of the 45th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; 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 7. By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of 2616 JOURNAL OF THE SENATE sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Millar of the 40th Thompson of the 5th The Calendar was resumed. HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Insurance and Labor offered the following substitute to HB 190: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; 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 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows: "33-1-24. (a) As used in this Code section, the term: (1) 'Personal vehicle' means a registered motor vehicle that is used by a transportation TUESDAY, MARCH 31, 2015 2617 network company driver in connection with providing services for a transportation network company. (2) 'Transportation network company' means a corporation, partnership, sole proprietorship, or other entity that uses a digital network or other means to connect customers to transportation network company drivers for the purposes of providing transportation for compensation including, but not limited to, payment, donation, or other item of value. The term shall not include emergency or nonemergency medical transports. (3) 'Transportation network company customer' or 'customer' means an individual who uses a transportation network company to connect with a driver to obtain services in such driver's personal vehicle, from an agreed upon point of departure to an agreed upon destination. (4) 'Transportation network company driver' or 'driver' means an individual who uses or permits to be used his or her personal vehicle to provide transportation network company services. Such driver need not be an employee of a transportation network company. (5) 'Transportation network company services' or 'services' means: (A) The period of time a driver is logged on to the transportation network company's digital network and available to accept a ride request until the driver is logged off, except for that time period described in subparagraph (B) of this paragraph; and (B) The period of time a driver accepts a ride request on the transportation network company's digital network until the driver completes the transaction or the ride is complete, whichever is later. Transportation network company services shall not include transportation provided using a taxi, a limousine carrier as defined in Code Section 40-1-151, or any other commercially registered motor vehicle and commercially licensed driver. (b) A transportation network company shall maintain or cause to be maintained a primary motor vehicle insurance policy that: (1) Recognizes the driver as a transportation network company driver and explicitly covers the driver's provision of transportation network company services as defined in paragraph (5) of subsection (a) of this Code section; (2) During the time period defined in subparagraph (a)(5)(A) of this Code section, provides a minimum of $100,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $50,000.00 for bodily injuries to or death of one person and $25,000.00 for loss of or damage to property of others, excluding cargo, in any one accident; provided, however, that such coverage is required to be provided under this subsection in the absence of any other liability coverage with such minimum limits; and (3) During the time period defined in subparagraph (a)(5)(B) of this Code section, provides a minimum of $1 million for death, personal injury, and property damage per occurrence and provides uninsured and underinsured motorist coverage of at least $1 million per incident. 2618 JOURNAL OF THE SENATE (c) The requirements of subsection (b) of this Code section may be satisfied by either: (1) A commercial motor vehicle insurance policy purchased by the transportation network company or the driver that provides coverage that meets the requirements set forth in subsection (b) of this Code section; or (2) An insurance rider to, an endorsement of, or an express provision of coverage for transportation network company services within the driver's personal private passenger motor vehicle insurance policy required by Code Section 40-9-34 which may be combined with an excess policy provided by the transportation network company to meet the requirements set forth in subsection (b) of this Code section. (d) A transportation network company that purchases an insurance policy to satisfy any of the requirements under subsection (b) of this Code section shall provide the insurance policy to the Commissioner. (e) An insurance policy required by subsection (b) of this Code section shall be placed with an insurer licensed under this title or with a surplus lines insurer eligible under Chapter 23 of this title. (f) To the extent the coverage requirements in subsection (b) of this Code section are met by a driver, then such driver shall submit verification of such coverage to the transportation network company. In the event that the insurance maintained by a driver to fulfill the requirements of subsection (b) of this Code section has lapsed or ceases to exist, then the transportation network company shall provide coverage which shall become primary beginning with the first dollar of a claim. (g)(1) Nothing in this Code section shall be construed to require a personal vehicle insurance policy to provide primary or excess coverage for transportation network company services. (2) Notwithstanding any other law, a personal vehicle insurer may, at its discretion, offer a personal vehicle insurance policy, or an amendment or endorsement to an existing policy, that covers a driver's vehicle while being used for transportation network company services during the time period specified in this paragraph, with or without a separate charge, or the policy contains an amendment or an endorsement to provide such coverage, for which a separately stated premium may be charged. (h) The transportation network company shall comply with the following requirements for each driver: (1) The driver shall be provided a disclosure from the transportation network company containing: (A) All information and documentation required for compliance with Code Section 40-6-10 if the transportation network company provides any insurance policy required by subsection (b) of this Code section; (B) Notice that the driver's personal vehicle insurance policy may exclude any and all coverage for injuries to the driver and to others and may exclude the duty to defend or indemnify any person or organization for liability for any loss or injury that occurs while providing transportation network company services; and (C) Notice that the driver's personal vehicle insurance policy may exclude coverage for damage to the personal vehicle, medical payments coverage, uninsured and TUESDAY, MARCH 31, 2015 2619 underinsured motorist coverage, and other first-party claims; (2) Such transportation network company shall make the following disclosure to a driver in the driver's terms of service: 'If the vehicle with which you provide transportation network company services has a lien against it, you must notify the lienholder that you provide transportation network company services with such vehicle. Providing such transportation network company services may violate the terms of your contract with the lienholder.'; (3) The transportation network company shall include the disclosures required by this subsection in the driver's terms of service in a distinctive clause; and (4) For purposes of claims coverage investigation and upon request of the transportation network company driver's personal vehicle insurer, the transportation network company shall provide, within a reasonable time period of such insurer's request, the date and times at which an accident occurred that involved a transportation network company driver and the precise times in the 24 hours preceding and following the accident that the driver logged on and off the transportation network company network or application or otherwise signified availability to provide transportation network company services. (i) In the event the transportation network company is providing primary insurance coverage under subsection (b) of this Code section, the transportation network company's insurer shall assume the costs of defense and indemnification. The transportation network company shall notify the driver and the driver's insurer of any dispute concerning primary coverage within 25 business days of receiving notice of the accident that gives rise to such claim. (j) In the event the transportation network company is providing primary insurance coverage under subsection (b) of this Code section and the driver or the driver's insurer is named as a defendant in a civil action for any loss or injury that occurs while a personal vehicle is available to provide transportation network company services, the transportation network company's insurer shall have the duty to defend and indemnify the driver and the driver's insurer." SECTION 2. This Act shall become effective on July 1, 2016. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to HB 190 (LC 37 2013S) by deleting lines 47 through 49 and inserting in lieu thereof the following: and $50,000.00 for loss of or damage to property of others, excluding cargo, in any one accident; and 2620 JOURNAL OF THE SENATE By deleting line 78 and inserting in lieu thereof the following: (2) Insurers that write motor vehicle insurance policies in this state may exclude any and all coverage afforded under the owner's insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides transportation network company services. Notwithstanding any other law, a personal vehicle insurer may, at its discretion, offer By deleting on line 108 "a reasonable time period" and inserting in lieu thereof "15 days". By deleting on line 110 "24" and inserting in lieu thereof "12". By inserting at the end of line 112 the following: Coverage under a motor vehicle insurance policy maintained by the transportation network company shall not be dependent on a personal vehicle insurer first denying a claim nor shall a personal vehicle insurance policy be required to first deny a claim. By inserting at the end of line 118 the following: A personal vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of this Code Section at the time of loss. By deleting on line 126 "July" and inserting in lieu thereof "January". On the adoption of the amendment, there were no objections, and the Bethel amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach Bethel Y Black Y Burke Y Butler E Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares N Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone TUESDAY, MARCH 31, 2015 2621 Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison C Harper Y Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon E Millar Y Miller C Mullis Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 42, nays 4. HB 190, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 31 March 2015 Due to business outside the Senate Chamber, I missed the vote on HB 190. Had I been present, I would have voted yes. /s/ Horacena Tate District 38th HB 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th: A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. 2622 JOURNAL OF THE SENATE Senator Stone of the 23rd and Jones of the 22nd offered the following amendment #1: Amend HB 233 (LC 29 6456S) by inserting after "forfeitures;" on line 10 "to amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury;". By inserting after line 971 the following: PART I-A SECTION 1A-1. Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, is amended by revising subsection (c) and adding a new subsection to read as follows: "(c) The following individuals shall not be eligible to serve as a grand juror: (1) Any person individual who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored; and any person (2) Any individual who has been judicially determined to be mentally incompetent shall not be eligible to serve as a grand juror; (3) Any individual charged with a felony offense and who is in a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 5 of Chapter 8 of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program from another state, or a similar federal court diversion program for a felony offense; (4) Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who has not completed the terms of his or her sentence; (5) Any individual serving a sentence for a felony offense pursuant to Article 3 of Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to another state's law; and (6) Any individual who is participating in a drug court division, mental health court division, veterans court division, a similar court program from another state, or a similar federal court program for a felony offense. (d) If an indictment is returned, and a grand juror was ineligible to serve as a grand juror pursuant to subsection (c) of this Code section, such indictment shall not be quashed solely as a result of such ineligibility." On the adoption of the amendment, there were no objections, and the Stone, Jones of the 22nd amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. TUESDAY, MARCH 31, 2015 2623 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison C 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 Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis On the passage of the bill, the yeas were 47, nays 0. Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T HB 233, having received the requisite constitutional majority, was passed as amended. HB 234. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 2624 JOURNAL OF THE SENATE Y Black Y Burke Y Butler E Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison C Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Rhett Y Seay Shafer (PRS) Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 46, nays 0. HB 234, having received the requisite constitutional majority, was passed. HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The Senate Committee on Education and Youth offered the following substitute to HB 502: 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 update and clarify provisions in law and to repeal obsolete provisions; to repeal a population act provision; to revise provisions relating to flexibility for school systems; to provide that annual performance evaluations cannot be waived; to revise provisions relating to state required content standards; to remove the middle grades program; to revise provisions relating to contracts by the State TUESDAY, MARCH 31, 2015 2625 School Superintendent; to revise a process for student requests for waivers and variances of state requirements; to revise provisions relating to state required assessments; to revise provisions relating to the honors program; to revise a provision relating to a report on gender discrimination; to revise provisions relating to courses taken through the Georgia Virtual School; to revise provisions relating to virtual instruction opportunities provided by local school systems; to repeal an obsolete provision relating to acquiring digital learning; to revise a provision relating to home study reporting; to revise provisions relating to health insurance for public school teachers and employees; to revise provisions relating to nonrenewal of a teacher's contract; to revise provisions relating to appeals to the State Board of Education; 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 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 repealing subsection (d) of Code Section 20-251, 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, and designating said subsection as reserved. SECTION 1A. Said chapter is further amended by revising subsection (b) of Code Section 20-2-80, relating to requests for increased flexibility, as follows: "(b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt elect to remain under all current laws, rules, regulations, policies, and procedures, and such local school system, which shall be known as a Title 20/No Waivers system, shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo electing to be a Title 20/No Waivers system and to remain subject to all state rules, regulations, policies, and procedures and the provisions of this title. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo electing to be a Title 20/No Waivers system." 2626 JOURNAL OF THE SENATE SECTION 1B. Said chapter is further amended in Code Section 20-2-81, relating to strategic plan and proposed contract for local school systems requesting flexibility, by adding a new subsection to read as follows: "(f) A local school system which elects to request increased flexibility pursuant to this article shall be known as a strategic waivers school system." SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows: "(e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 202-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 2A. Said chapter is further amended by revising Code Section 20-2-84.3, relating to a limit on the number of local school systems entering into a flexibility contract, as follows: "20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2015, each local school system shall either notify the department of its intention to request increased flexibility become a strategic waivers school system pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80, electing to be a Title 20/No Waivers system." SECTION 3. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-131, relating to objectives and purposes of the Quality Basic Education Program, as follows: "(1) Implementing a quality basic education highly rigorous curriculum to encompass TUESDAY, MARCH 31, 2015 2627 content standards in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;" SECTION 4. Said chapter is further amended by revising Code Section 20-2-140, relating to the State Board of Education establishing competencies and a uniformly sequenced core curriculum and college and career readiness competency standards, as follows: "20-2-140. (a) The State Board of Education shall establish competencies uniformly sequenced content standards that each student is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the The state board shall adopt a uniformly sequenced core curriculum content standards for grades students in kindergarten through grade 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may sequence, expand, and enrich this curriculum may expand and enrich the content standards to the extent it deems necessary and appropriate for its students and communities. Each local school system shall adopt its own curriculum which shall include appropriate instruction in the content standards. (b) The State Board of Education, working with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall establish college and career readiness competency standards to demonstrate competency in reading, writing, and mathematics aligned with the core curriculum content standards adopted by the state board pursuant to subsection (a) of this Code section with the level of performance necessary to meet college-readiness standards in the state's technical colleges, community colleges, state colleges, and universities and in other advanced training programs. (c) The State Board of the Technical College System of Georgia shall require its institutions to accept core curriculum coursework completed by high school students for purposes of admission into its institutions. This Code section shall apply beginning with students entering such postsecondary institutions in the fall of 2013." SECTION 5. Said chapter is further amended by revising Code Section 20-2-140.1, relating to online learning, as follows: "20-2-140.1. The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 2628 JOURNAL OF THE SENATE school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through the clearing-house established pursuant to Code Section 20-2-319.3, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.4. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.4." SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-142, relating to prescribed courses, as follows: "(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum: (A) A course of study in the background, history, and development of the federal and state governments and a study of Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals which shall include a study of the Pledge of Allegiance to the flag of the United States and the Georgia flag in addition to other institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an on-line course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States." TUESDAY, MARCH 31, 2015 2629 SECTION 7. Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, as follows: "(a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies uniformly sequenced content standards adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum." "(2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 202-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall may annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years;" SECTION 8. Said chapter is further amended by revising subsections (a) and (h) of Code Section 20-2154.1, relating to alternative education programs, as follows: "(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum content standards and that the instruction in an alternative education program shall enable students to return to a general or career education program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is the policy of this state that it is preferable to reassign 2630 JOURNAL OF THE SENATE disruptive students to an alternative education program rather than suspending or expelling such students from school." "(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 career, technical, and agricultural education laboratory program (grades nine through 12). For the 2002-2003 school year and thereafter, the 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 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 9. Said chapter is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows: "20-2-159.1. No later than July 1, 2013, the Department of Education shall develop, and the State Board of Education shall approve, state models and curriculum framework content standards for the following focused programs of study, as defined in Code Section 202-326, including, but not limited to: (1) Agriculture, food, and natural resources; (2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; and (16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related TUESDAY, MARCH 31, 2015 2631 clusters." SECTION 10. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-159.2, relating to coordination between high schools and postsecondary institutions to minimize the need for remedial course work for students in postsecondary institutions, as follows: "(1) Develop policies to ensure that students who complete the core curriculum master the content standards established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall: (A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the core curriculum content standards; and (B) Set the conditions for ensuring college readiness;" SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 20-2-159.3, relating to academic core standards to be embedded in career, technical, and agricultural education courses, as follows: "(a) The competencies and curricula content standards established for career, technical, and agricultural education courses pursuant to Code Section 20-2-140 shall include embedded standards in academic core subject areas, as appropriate. In establishing such competencies and curricula content standards, the state board shall work to ensure that the coursework meets postsecondary requirements for acceptance of credit for such coursework at the postsecondary level. Such courses shall be taught by a highly qualified teacher in the academic content and trained or experienced in contextualized learning using project based methods; by a highly qualified career, technical, and agricultural education teacher who has completed a state-approved training program to strengthen academic content and has passed a state-approved exam for demonstrating mastery of academic content; or by a team made up of a highly qualified teacher in the academic content and a highly qualified career, technical, and agricultural education teacher working together to teach the course." SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, 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 2632 JOURNAL OF THE SENATE 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, technical, and 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 content standards as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." SECTION 13. Said chapter is further amended by revising subsections (b) and (b.1) of Code Section 202-161, relating to the Quality Basic Education Formula, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6508 weight and 1 to 15 ratio TUESDAY, MARCH 31, 2015 2633 (2) Kindergarten early intervention program . . . . . . . . . . . . . . . . . . . . . . . 2.0348 weight and 1 to 11 ratio (3) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2849 weight and 1 to 17 ratio (4) Primary grades early intervention program (1-3) . . . . . . . . . . . . . . . . 1.7931 weight and 1 to 11 ratio (5) Upper elementary grades program (4-5) . . . . . . . . . . . . . . . . . . . . . . . 1.0355 weight and 1 to 23 ratio (6) Upper elementary grades early intervention program (4-5) . . . . . . . . . 1.7867 weight and 1 to 11 ratio (7) Middle grades program (6-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0186 weight and 1 to 23 ratio (8)(7) Middle school program (6-8) as defined in Code Section 20-2-290 1.1310 weight and 1 to 20 ratio (9)(8) High school general education program (9-12) . . . . . . . . . . . . . . . 1.0000 weight and 1 to 23 ratio 2634 JOURNAL OF THE SENATE (10)(9) Career, technical, and agricultural education laboratory program (9-12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1916 weight and 1 to 20 ratio (11)(10) Program for persons with disabilities: Category I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3798 weight and 1 to 8 ratio (12)(11) Program for persons with disabilities: Category II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.7883 weight and 1 to 6.5 ratio (13)(12) Program for persons with disabilities: Category III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5493 weight and 1 to 5 ratio (14)(13) Program for persons with disabilities: Category IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.7509 weight and 1 to 3 ratio (15)(14) Program for persons with disabilities: Category V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4511 weight and 1 to 8 ratio (16)(15) Program for intellectually gifted students: Category VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6589 weight and 1 to 12 ratio TUESDAY, MARCH 31, 2015 2635 (17)(16) Remedial education program . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3087 weight and 1 to 15 ratio (18)(17) Alternative education program . . . . . . . . . . . . . . . . . . . . . . . . . 1.4711 weight and 1 to 15 ratio (19)(18) English for speakers of other languages (ESOL) program . . . . 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 14. Said chapter is further amended by revising Code Section 20-2-181, relating to calculation of program weights to reflect base size school, 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 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school career, technical, and agricultural education laboratory program shall reflect a base school size of 970 full-time 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." 2636 JOURNAL OF THE SENATE SECTION 15. Said chapter is further amended by revising subsections (b) and (c) and paragraph (1) of subsection (i) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, as follows: "(b) The program weights for the primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (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 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." "(i)(1) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child's classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be: (A) Kindergarten program (without full-time aide) .................................. 18 (B) Kindergarten program (with full-time aide) ....................................... 20 (C) Primary grades program (1-3) ............................................................ 21 (D) Upper elementary grades program (4-5) ............................................ 28 (E) Middle grades program (6-8) and middle school program (6-8) as defined in Code Section 20-2-290 ............................................................. 28 For school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the system average maximum class size for each instructional program covered under this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph so long as the system average maximum class size is not exceeded; TUESDAY, MARCH 31, 2015 2637 provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes of this paragraph." SECTION 16. Said chapter is further amended by revising subsection (a) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows: "(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, 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 transportation costs incurred for transporting students who are attending additional classes funded by these designated funds." SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 20-2-190, relating to professional development centered on state-wide strategic initiatives, as follows: "(a) Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on the new common core curriculum content standards, support for under-performing educators, and mentoring programs in specific subject areas." SECTION 18. Said chapter is further amended by revising subsection (a) of Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, as follows: "(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state 2638 JOURNAL OF THE SENATE or whether such personnel are employed by a local unit of administration. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians." SECTION 19. Said chapter is further amended by revising subsection (c) of Code Section 20-2-241, relating to the State School Superintendent, as follows: "(c) The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 or less on behalf of the Department of Education. The State School Superintendent may delegate to the chief financial officer the authority to execute such contracts on behalf of the State School Superintendent." SECTION 20. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-242, relating to local school systems, local units of administration, and local governing bodies, as follows: "(1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum content standards authorized pursuant to Part 2 of this article are fully and effectively implemented;" SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 20-2-244, relating to waivers to improve student performance, as follows: "(b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to TUESDAY, MARCH 31, 2015 2639 Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 202-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 22. Said chapter is further amended by adding a new Code section to read as follows: "20-2-244.1. (a) As used in this Code section, the term: (1) 'Student' means a student who is or was enrolled in a public school in this state. (2) 'Substantial hardship' means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the student requesting a variance or waiver. (3) 'Variance' means a modification granted by the State Board of Education to all or part of the literal requirements of a rule to a person who is subject to the rule. (4) 'Waiver' means a decision by the State Board of Education not to apply all or part of a rule to a person who is subject to the rule. (b) Except as provided in subsection (f) of this Code section, the State Board of Education is authorized to grant a variance or waiver to a rule when a student subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. (c) Except as provided in subsection (f) of this Code section, a student who is subject to regulation by a State Board of Education rule may file a petition with the state board requesting a variance or waiver from the state board's rule. In addition to any other requirements which may be imposed by the state board, each petition shall specify: (1) The rule from which a variance or waiver is requested; (2) The type of action requested; (3) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and (4) The reason why the variance or waiver requested would serve the purpose of the underlying statute. (d) The state board shall grant or deny a petition for variance or waiver in writing no later than 60 days after the receipt of the petition. The state board's decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the state board's action. (e) The state board's decision to deny a petition for variance or waiver shall be subject 2640 JOURNAL OF THE SENATE to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by the state board may be determined in an action for declaratory judgment in accordance with Code Section 50-13-10. (f) This Code section shall not apply, and no variance or waiver shall be sought or authorized, when a state board rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program. (g) An aggregated report of all waivers granted pursuant to this Code section shall be prepared and shall contain a description of the waiver granted, including a detail of the variance from any rule or regulation, but shall not include any identifying information of the student. (h) The State Board of Education shall not be subject to Code Section 50-13-9.1 with respect to petitions for variances or waivers of rules by students." SECTION 23. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 20-2-270.1, relating to services to member local school systems by regional educational service agencies, as follows: "(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum content standards adopted by the state board;" SECTION 24. Said chapter is further amended by revising Code Section 20-2-281, relating to assessment of effectiveness of educational programs, as follows: "20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, mathematics, science, or social studies in grade three, four, or five and in grade six, seven, or eight, subject to available appropriations, with assistance to such school systems by the State Board of Education with regard to administration guidance, scoring, and reporting of such assessments instruments. Each local school system is strongly encouraged to implement a program of formative assessment and intervention in reading for kindergarten through third grade and mathematics for kindergarten through fifth grade to ensure that students are on track to meet grade-level expectations. The State Board of Education shall review, revise, and upgrade the quality core curriculum content standards. Following the adoption of this revised curriculum such content standards, the State Board of Education shall contract for development of criterion-referenced competency tests end-of-grade assessments to measure the quality core curriculum content standards. Such tests in English, and language arts/reading, and, mathematics, and reading shall be administered annually to students in grades one three through TUESDAY, MARCH 31, 2015 2641 eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. These tests shall contain features that allow for comparability to other states with whom establishing such comparison would be statistically sound; provided, however, that no such comparison shall be conducted which would relinquish any measure of control over assessments to any individual or entity outside the state. This action shall be completed according to a schedule established by the State Board of Education. A curriculum based assessment shall be administered in grade 11 for graduation purposes. Writing assessments performance shall be administered to assessed, at a minimum, for students in grades three, five, eight, and 11 and may be assessed for students in additional grade levels as designated by the State Board of Education. The writing assessments Writing performance results shall provide be provided to students and their parents with performance outcome measures resulting from the administration of such tests. (b) The nationally normed assessments norm-referenced instruments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests instruments. Criterion-referenced tests and the high school graduation test End-ofgrade assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state, and national levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan under this article may be assessments of student achievement. (b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. In the event the state board is unable to provide timely results in the first year of implementation of a substantially new assessment instrument, the provisions in paragraphs (2) and (3) of subsection (b) of Code Section 20-2-283 shall not apply. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section and the end-of-course assessments adopted and administered by the state board pursuant to subsections (f) and (h) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as 2642 JOURNAL OF THE SENATE defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said Such regulations shall further provide for appropriate accommodations in the administration of such test. Said Such regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said such test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program. (d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 202-140 those students with significant cognitive disabilities, receiving special education services pursuant to Code Section 20-2-152, who cannot access the state adopted content standards without appropriate accommodations to those standards and for whom the assessment instruments adopted under subsection subsections (a) and (f) of this Code section, even with allowable modifications accommodations, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test end-of-grade assessment administered under subsection (a) of this Code section and each end-ofcourse assessment administered under subsection (e) (h) of this Code section after the last time the instrument such assessment is administered for a school year. (h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state TUESDAY, MARCH 31, 2015 2643 board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments. (i) The Department of Education shall develop study guides for the criterion-referenced tests end-of-grade assessments and end-of-course assessments administered pursuant to subsections (a) and (f) (h) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students. (j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be included as a factor in a student's final grade in the core subject course for which the end-of-course assessment is given. (k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the 2644 JOURNAL OF THE SENATE instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in grades one kindergarten through grade 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. (q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education or a COMPASS score approved by the State Board of Education when considering whether to grant such student a variance for or a waiver of one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least four times." SECTION 25. Said chapter is further amended by revising Code Section 20-2-290, relating to organization of schools, middle school programs, and schedule, as follows: "20-2-290. (a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Schools which house grades six, seven, or eight, or any combination thereof, shall qualify for the middle school program for students; provided, however, that such schools also meet all other provisions of this Code section and criteria and standards prescribed by the State Board of Education. Further, two or more adjacent TUESDAY, MARCH 31, 2015 2645 local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2)(b) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree or satisfactory business experience. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals. (b) Local boards of education shall schedule each middle school so as to provide the following: (1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the fulltime equivalent count for the middle school program in qualified middle schools." SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 20-2-306, relating to honors program and residential high school program, as follows: "(a) The State Board of Education Office of Student Achievement is authorized to 2646 JOURNAL OF THE SENATE inaugurate continue and administer an honors program for students in the public and private high schools of this state and for resident students who attend a home school study program who have manifested exceptional abilities or unique potentials or who have made exceptional academic achievements. This program shall be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria established by the state board Office of Student Achievement, and operating costs shall be paid by the state board Office of Student Achievement from funds made available for this purpose by the General Assembly. The state board Office of Student Achievement is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs." SECTION 27. Said chapter is further amended by revising Code Section 20-2-314, relating to development of rape prevention, personal safety education, and teen dating violence prevention program, as follows: "20-2-314. The State Board of Education shall develop, with input from appropriate experts, such as rape crisis centers and family violence shelters, a rape prevention and personal safety education program and a program for preventing teen dating violence for grade eight through grade 12 which are consistent with the core curriculum content standards provided for in Code Section 20-2-140. Local boards may implement such programs at any time and for any grade level local boards find appropriate, and the state board shall encourage the implementation of such programs. In addition, the state board shall make information regarding such programs available to the Board of Regents of the University System of Georgia." SECTION 28. Said chapter is further amended by revising subsection (j) of Code Section 20-2-315, relating to the prohibition of gender discrimination, as follows: "(j) The Department of Education shall may publish an annual report of local school systems to include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant." SECTION 29. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows: "20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other TUESDAY, MARCH 31, 2015 2647 manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course. (b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The department shall use funds from this such grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse clearing-house, and costs for tuition, materials, and fees for courses taken through the Georgia Virtual School by students in home study programs or private schools in this state. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to and paid by the local school system on behalf of such student exceed $250.00 per student per semester course; and provided, further, that if a student participates in courses through the Georgia Virtual School that are in excess of the maximum number of courses a student may be enrolled in during a school day, such student shall be subject to the cost of tuition not to exceed $250.00 per student per semester course. (3) Students in home study programs and private schools in this state may enroll in courses through the Georgia Virtual School at no cost, if appropriations are provided for such purpose in accordance with paragraph (1) of this subsection. If appropriations are not provided or if appropriations are provided but have been expended for such purpose, students in home study programs and private schools in this state may enroll in courses through the Georgia Virtual School based on availability of slots; provided, however, that such students shall be subject to the cost of tuition not to exceed $250.00 per student per semester course. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title." SECTION 30. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 20-2-319.3, relating to the online clearing-house of interactive distance learning 2648 JOURNAL OF THE SENATE courses, as follows: "(2) 'Clearing-house' means the clearing-house established pursuant to subsection (b)(c) of this Code section." SECTION 31. Said chapter is further amended by revising Code Section 20-2-319.4, relating to virtual instruction programs, notice of opportunities, mechanisms for compliance, approved providers, approval status, and curriculum plan, as follows: "20-2-319.4. (a) Beginning with the 2013-2014 school year, each local school system shall provide opportunities to all students in grades three through 12 enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for: (1) Full-time virtual instruction for students enrolled in grades three through 12; and (2) Part-time virtual instruction for students enrolled in grades three through 12. A virtual instruction program conducted by a local school system shall include specific provision provisions for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133. (b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms: (1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Facilitate enrollment in one or more courses pursuant to the clearing-house established pursuant to Code Section 20-2-319.3; (2)(3) Enter into a contract with an approved a provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3)(4) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2)(3) or (3)(4) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers TUESDAY, MARCH 31, 2015 2649 approved to offer virtual instruction programs. To be approved by the department, a provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student performance improvements for each subject area and grade level provided for consideration as instructional program options; (2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including: (A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; and (3) Publishes, in accordance with disclosure requirements adopted by the State Board of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios; (E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2013-2014 school year shall reapply for approval to provide a part-time program for students in grades three through 12. (e)(c) Each contract entered into pursuant to paragraph (3) of subsection (b) of this Code section with an approved a provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for content standards for each grade level and subject." SECTION 32. Said chapter is further amended by repealing Code Section 20-2-319.5, relating to report on assisting local boards of education in acquiring digital learning, and designating said Code section as reserved. 2650 JOURNAL OF THE SENATE SECTION 33. Said chapter is further amended by revising paragraph (5) of Code Section 20-2-326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows: "(5) 'Focused program of study' means a rigorous academic core combined with a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements content standards established pursuant to Part 2 of this article that prepares a student for postsecondary education or immediate employment after high school graduation." SECTION 34. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-329, relating to requirements for high schools that receive a reform grant, as follows: "(1) Provide focused programs of study which are designed to provide a wellrounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a college and career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements content standards established pursuant to Part 2 of this article, including, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards;" SECTION 35. Said chapter 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 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, the local school system in which 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 TUESDAY, MARCH 31, 2015 2651 permission of the parent or guardian of a child, or pursuant to the subpoena of a court of competent jurisdiction; (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) 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 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; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years." SECTION 36. Said chapter is further amended by revising subsection (b) of Code Section 20-2-892, relating to contributions by employees, state, and local employers and withholding or deducting employees' contributions for health insurance for public school teachers, as follows: "(b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board and, in addition thereto, an amount to be established by the 2652 JOURNAL OF THE SENATE board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. If a local employer fails to remit the employer's share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health." SECTION 37. Said chapter is further amended by revising subsection (b) of Code Section 20-2-920, relating to withholding or deducting employees' contributions for health insurance for public school employees, as follows: "(b) The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board to maintain the employee contributions consistent with other health insurance plans administered by the board. In the event that the commissioner shall determine that a local employer has failed to contribute the full amount of such portion, as calculated by the commissioner, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health." SECTION 38. Said chapter is further amended by revising subsection (b) of Code Section 20-2-942, relating to procedure for nonrenewal after acceptance by teacher of school year contract for fourth consecutive school year, as follows: "(b)(1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. (2) In order to demote or fail to renew the contract of a teacher who accepts a school TUESDAY, MARCH 31, 2015 2653 year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2940. Such notice shall contain a conspicuous statement in substantially the following form: You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211, Code Section 20-2940, and Code Sections 20-2-942 through 20-2-947, and a copy of this law is enclosed. A copy of subsection (b) of Code Section 20-2-211, Code Section 20-2-940, this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940. (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 June 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 202-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract 2654 JOURNAL OF THE SENATE if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 June 1 of the first school year that he or she does not accept the second consecutive school year contract. (6) Local boards shall make contract offers available to teachers for a minimum tenday review period. A teacher accepts the contract by signing and returning it any time during the ten-day period. (7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph. (B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system." SECTION 39. Said chapter is further amended by revising subsection (b) of Code Section 20-2-1160, relating to local board tribunals to determine school law controversies, appeals, and special provisions for disabled children, as follows: "(b) Any party aggrieved by a decision of the local board rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, and a concise statement of the reasons why the decision is complained of; and the party taking the appeal shall also file with the appeal a transcript of testimony certified as true and correct by the local school superintendent. The appeal shall be filed with the superintendent within 30 days of the decision of the local board, and within ten days thereafter it shall be the duty of the superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the local board, and other matters in the file relating to the appeal to the state board. The state board shall adopt regulations governing the procedure for hearings before the local board and proceedings before it. The state board may affirm, reverse, or remand the local board decision or may refer the matter to mediation." SECTION 40. Said chapter is further amended by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20, as follows: TUESDAY, MARCH 31, 2015 2655 "(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be: (1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; 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 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; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; 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; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; 2656 JOURNAL OF THE SENATE (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; (12) Subject to the provisions of Code Section 20-2-210 relating to annual performance evaluations; (13) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; and (13)(14) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans." SECTION 41. Said chapter is further amended in Code Section 20-2-2067.1, relating to amendment of terms of charter for charter schools, initial term of charter, and annual report by revising the introductory language of subsection (c) 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 November 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:" SECTION 42. Said chapter is further amended by revising paragraph (2) of subsection (c) of Code Section 20-2-2084, relating to petition for charter schools, requirements of school, governing board membership, and annual training, as follows: "(2) For petitions for state charter schools with a defined attendance zone, the petitioner shall concurrently submit such petition to the commission, to the local board of education in which the school is proposed to be located, and to each local school system from which the proposed school plans to enroll students. The commission shall not act on a petition unless the local board of education in which the school is proposed to be located denies the petition; provided, however, that such local board shall approve or deny the petition no later than 60 90 days after its submission, as required pursuant to subsection (b) of Code Section 20-2-2064, unless the petitioner requested an extension. Failure to approve or deny such petition by such local board, in violation of Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph. A local board that has denied a petition for a state charter school shall be permitted to present to the commission in writing or in person the reasons for denial and the deficiencies in such petition resulting in such denial." TUESDAY, MARCH 31, 2015 2657 SECTION 43. 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), is repealed in its entirety. SECTION 44. All laws and parts of laws in conflict with this Act are repealed. Senators Harbin of the 16th, Fort of the 39th, Millar of the 40th McKoon of the 29th, Ligon of the 3rd and others offered the following amendment #1: Amend the Senate Committee on Education and Youth substitute to HB 502 (LC 33 6191S) by inserting after "standards;" on line 5 the following: to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to authorize local boards of education to require students to complete a course in America's founding philosophy and founding principles and related transformational movements; to provide for legislative findings; to provide for a short title; to provide for curriculum content and teacher training; to provide for applicability; By inserting between lines 164 and 165 the following: SECTION 6A. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, is amended by adding a new Code section to read as follows: "20-2-142.1. (a) The General Assembly finds that the survival of the Republic requires that the nation's children, who are the future guardians of its heritage and participants in its governance, have a clear understanding of the founding philosophy and the founding principles of our government, which are found in the Declaration of Independence, the United States Constitution, the Federalist Papers, and the writings of the founders, and an understanding of the preservation of such founding philosophy, principles, and documents. (b) This Code section shall be known and may be cited as the 'America's Founding Philosophy and Principles Act.' (c) Each local board of education may require all students, as a condition of graduation, during their ninth through twelfth grade years to complete and pass a separate semester course covering the following founding philosophy and principles of the United States of America: 2658 JOURNAL OF THE SENATE (1) America's founding philosophy, to include at least the following: (A) As articulated in the Declaration of Independence the foundational idea of the Creator-endowed unalienable rights of the people; (B) The purpose of limited government, which is to protect the unalienable rights of the people and to protect the people from violence and fraud; (C) The structure of government, separation of powers, and checks and balances; and (D) The rule of law, with frequent and free elections in a representative government which governs by majority vote within a constitutional framework; (2) America's founding principles, to include at least the following: (A) Federalism-government as close to the people as possible, limited federal government, and strong state and local government; (B) Freedoms of speech, press, religion, and peaceful assembly guaranteed by the Bill of Rights; (C) Rights to private property and freedom of individual enterprise; (D) The innocence of any crime until proven guilty, with right of habeas corpus, and no unreasonable searches, seizures, or cruel and unusual punishment; (E) A virtuous and moral people educated in the philosophy and principles of government for a free people; (F) The right to a speedy trial by a jury of peers; (G) The principles of economy in spending, constitutional limitations on government power to tax and spend, and prompt payment of public debt; (H) Economic system of money with intrinsic value; (I) Equality before the law and due process of law with grand jury indictment for capital crimes before holding a person to account; (J) The right of people to keep and bear arms, strong defense capability, supremacy of civil authority over military; (K) Peace, commerce, and honest friendship with all nations, entangling alliances with none; (L) All laws concise and understandable by the people and not ex post facto laws; (M) Eternal vigilance by 'We the People'; and (N) Founding documents including Declaration of Independence, the United States Constitution, and the Federalist Papers; and (3) Transformational movements in American history, to include at least the following: (A) The antislavery movement; (B) The Civil Rights movement; (C) Women's suffrage; (D) The contributions of immigrants to American society; and (E) The history of the Native American population. (d) The Department of Education and local boards of education, as appropriate, shall provide, or cause to be provided, curriculum content which reflects the content standards addressed pursuant to subsection (c) of this Code section and teacher training TUESDAY, MARCH 31, 2015 2659 to ensure that the intent and provisions of this Code section are implemented. (e) This Code section shall apply beginning in school year 2017-2018." Senator Millar of the 40th offered the following amendment #1a: Amend Amendment 1 to HB 502 by Line 65 "shall" to "may" On the adoption of amendment #1a, there were no objections, and the Millar amendment #1a to the Harbin, et al. amendment #1 to the committee substitute was adopted. On the adoption of amendment #1, there were no objections, and the Harbin, et al. amendment #1 to the committee substitute was adopted as amended. Senators Ligon of the 3rd, Heath of the 31st, Mullis of the 53rd, Gooch of the 51st and Millar of the 40th offered the following amendment #2: Amend the Senate Committee on Education and Youth substitute to HB 502 (LC 33 6191S) by inserting after "contract;" on line 15 the following: to establish Celebrate Freedom Week; to provide for the posting of historical documents; to strongly encourage the Department of Education to develop online resources and instructional support; By inserting between lines 1169 and 1170 the following: SECTION 38A. Said chapter is further 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, it is strongly encouraged that the full week in September which includes Constitution Day, September 17, is recognized in public elementary, middle, and high schools in this state as Celebrate Freedom Week. It is strongly encouraged that Celebrate Freedom Week include approximately three hours of appropriate instruction, as determined by each local school system, in each social studies class. It is strongly encouraged that the instruction 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 2660 JOURNAL OF THE SENATE Founding Fathers shall not be censored. During Celebrate Freedom Week, it is strongly encouraged that local school systems 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, local school systems are strongly encouraged to 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, 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 2016-2017 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 are strongly encouraged to 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; TUESDAY, MARCH 31, 2015 2661 (3) The United States Constitution, with emphasis on the 13th, 14th, and 15th Amendments; (4) The Bill of Rights; (5) The Mayflower Compact; (6) The national motto; (7) The Pledge of Allegiance to the United States flag; (7.1) The Pledge of Allegiance to the Georgia flag; (8) The National Anthem; (9) The writings, speeches, documents, and proclamations of the Founding Fathers and Presidents of the United States; (9.1) The Emancipation Proclamation; (9.2) The Gettysburg Address; (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 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 is strongly encouraged to 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. In order to create shared digital resources available to all students in this state, such online resources may be integrated with the Teacher Resource Link of the Statewide Longitudinal Data System. At a minimum, such resource page or pages may include the items in paragraphs (1) through (11) of subsection (a) of Code Section 20-2-1021 and may 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. It is strongly encouraged that the online teacher resource page be completed and made easily available to teachers no later than July 31, 2016, and support the requirements specified in Code Section 20-2-1020." On the adoption of the amendment, there were no objections, and the Ligon, Jr., et al. amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. 2662 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler E Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Rhett Y Seay Shafer (PRS) N Sims Y Stone N Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 4. HB 502, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: March 31, 2015 I inadvertently missed the vote on HB 502. Please reflect in the Journal that my intent was to vote yes. /s/ Donzella J. James District 35 Senator Freddie Powell Sims District 12 110-A State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Education and Youth Appropriations Finance Natural Resources and the Environment TUESDAY, MARCH 31, 2015 2663 The State Senate Atlanta, Georgia 30334 3/31/2015 I inadvertently voted No on HB 502. Please reflect in the Journal that my intent was to vote Yes. /s/ Freddie Powell Sims 12th District The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 8. By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2664 JOURNAL OF THE SENATE SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. At 4:10 p.m. David Shafer, President Pro Tempore, announced that the Senate would stand in recess until 4:30 p.m. At 4:30 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Reilly, 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 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: TUESDAY, MARCH 31, 2015 2665 SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; 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 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2666 JOURNAL OF THE SENATE HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others: A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to define certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to in-person pharmacies; 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. TUESDAY, MARCH 31, 2015 2667 The Senate Committee on Insurance and Labor offered the following substitute to HB 470: 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 amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to define certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; 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. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by revising Code Section 26-4-118, relating to "The Pharmacy Audit Bill of Rights," as follows: "26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, pharmacy benefits manager, any entity licensed by the Department of Insurance, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, or a private person bringing a claim pursuant to Article 7B of Chapter 4 of Title 49, it shall be conducted in accordance with the following bill of rights: (1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week 14 days prior to conducting the initial on-site audit for each audit cycle and include in such notice a comprehensive list of claims by prescription number to be audited, although the final two digits may be omitted; (2) Any audit which involves clinical or professional judgment must be conducted by or in consultation with a pharmacist; (3) Any clerical or record-keeping error, including but not limited to a typographical error, scrivener's error, or computer error, regarding a required document or record may shall not in and of itself constitute fraud. No such claim shall be subject to criminal penalties without proof of intent to commit fraud. No recoupment of the cost of drugs or medicinal supplies properly dispensed shall be allowed if such error has occurred and been resolved in accordance with paragraph (4) of this subsection; 2668 JOURNAL OF THE SENATE provided, however, that recoupment shall be allowed to the extent that such error resulted in an overpayment, underpayment, or improper dispensing of drugs or medicinal supplies. though recoupment shall be limited to the amount overpaid; (4) A pharmacy shall be allowed at least 30 days following the conclusion of an onsite audit or receipt of the preliminary audit report in which to correct a clerical or record-keeping error or produce documentation to address any discrepancy found during an audit, including to secure and remit an appropriate copy of the record from a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication if the lack of such a record or an error in such a record is identified in the course of an on-site audit or noticed within the preliminary audit report; (5) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (6) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; however, recoupment of claims must be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (7) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, third-party payor, pharmacy benefits manager, any entity licensed by the Department of Insurance, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c) of this Code section, whichever is later; and (11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an internal appeals process under which a pharmacy shall have at least 30 days from the delivery of the preliminary audit TUESDAY, MARCH 31, 2015 2669 report to appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or such portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor at its request or in an alternate format. (f) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse, including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud. (g) The provisions of paragraph (3) of subsection (b) of this Code section shall not apply to the Department of Community Health conducting audits under Article 7 of Chapter 4 of Title 49. (h) The entity conducting the audit may not pay the agent or employee who is conducting the audit based on a percentage of the amount recovered. (i) The Commissioner of Insurance shall have enforcement authority over this Code section and shall have the authority granted pursuant to Chapter 64 of Title 33, relating to the regulation and licensure of pharmacy benefits managers." SECTION 2. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 3364-1, relating to definitions, as follows: "33-64-1. As used in this chapter, the term: (1) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Covered entity' means an employer, labor union, or other group of persons organized in this state that provides health coverage to covered individuals who are employed or reside in this state. (4) 'Covered individual' means a member, participant, enrollee, contract holder, policy holder, or beneficiary of a covered entity who is provided health coverage by a covered entity. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) 'Maximum allowable cost' means the per unit amount that a pharmacy benefits manager reimburses a pharmacist for a prescription drug, excluding dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any. (7) 'Pharmacy' means a pharmacy or pharmacist licensed pursuant to Chapter 4 of Title 26 or another dispensing provider. 2670 JOURNAL OF THE SENATE (6)(8) 'Pharmacy benefits management' means the service provided to a health plan or covered entity, directly or through another entity, including the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits, including, but not limited to, any of the following: (A) Mail service order pharmacy; (B) Claims processing, retail network management, or payment of claims to pharmacies for dispensing prescription drugs; (C) Clinical or other formulary or preferred drug list development or management; (D) Negotiation or administration of rebates, discounts, payment differentials, or other incentives for the inclusion of particular prescription drugs in a particular category or to promote the purchase of particular prescription drugs; (E) Patient compliance, therapeutic intervention, or generic substitution programs; and (F) Disease management. (7)(9) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. The term also does not include services provided by pharmacies affiliated with a facility licensed under Code Section 31-44-4 or a licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110." SECTION 3. Said chapter is further amended by revising Code Section 33-64-7, relating to a limitation on the Commissioner to extend rules and regulations, as follows: "33-64-7. The Commissioner may not enlarge upon or extend the provisions of this chapter through any act, rule, or regulation; provided, however, that the Commissioner is authorized to enforce any provision of this chapter." SECTION 4. Said chapter is further amended by adding a new Code section to read as follows: "33-64-9. (a) Upon each contract execution or renewal between a pharmacy benefits manager and a pharmacy or between a pharmacy benefits manager and a pharmacy's contracting representative or agent, such as a pharmacy services administrative organization, a pharmacy benefits manager shall, with respect to such contract or renewal: (1) Include in such contract or renewal the sources utilized to determine multi-source TUESDAY, MARCH 31, 2015 2671 generic drug pricing, such as maximum allowable cost or any successive benchmark pricing formula, and update such pricing information at least every five business days, provided that such pricing information update shall be at least every 14 business days for those contracts pursuant to Article 7 of Chapter 4 of Title 49; and (2) Maintain a procedure to eliminate products from the multi-source generic list of drugs subject to such pricing or modify multi-source generic drug pricing within five business days when such drugs do not meet the standards and requirements of this Code section in order to remain consistent with pricing changes in the marketplace. (b) A pharmacy benefits manager shall reimburse pharmacies for drugs subject to multi-source generic drug pricing based upon pricing information which has been updated within five business days as set forth in paragraph (1) of subsection (a) of this Code section. (c) A pharmacy benefits manager may not place a drug on a multi-source generic list unless there are at least two therapeutically equivalent, multi-source generic drugs, or at least one generic drug available from only one manufacturer, generally available for purchase by network pharmacies from national or regional wholesalers. (d) All contracts between a pharmacy benefits manager and a contracted pharmacy or between a pharmacy benefits manager and a pharmacy's contracting representative or agent, such as a pharmacy services administrative organization, shall include a process to internally appeal, investigate, and resolve disputes regarding multi-source generic drug pricing. The process shall include the following: (1) The right to appeal shall be limited to 14 calendar days following reimbursement of the initial claim; and (2) A requirement that the health benefit plan issuer or pharmacy benefits manager shall respond to an appeal described in subsection (a) of this Code section no later than 14 calendar days after the date the appeal was received by such health benefit plan issuer or pharmacy benefits manager. (e) For appeals that are denied, the pharmacy benefits manager shall provide the reason for the denial and identify the national drug code of a drug product that may be purchased by contracted pharmacies at a price at or below the maximum allowable cost. (f) If the appeal is successful, the health benefit plan issuer or pharmacy benefits manager shall: (1) Adjust the maximum allowable cost price that is the subject of the appeal effective on the day after the date the appeal is decided; (2) Apply the adjusted maximum allowable cost price to all similarly situated pharmacists and pharmacies as determined by the health plan issuer or pharmacy benefits manager; and (3) Allow the pharmacist or pharmacy that succeeded in the appeal to reverse and rebill the pharmacy benefits claim giving rise to the appeal. (g) Appeals shall be upheld if: (1) The pharmacy being reimbursed for the drug subject to the multi-source generic drug pricing in question was not reimbursed as required in subsection (b) of this Code section; or 2672 JOURNAL OF THE SENATE (2) The drug subject to the multi-source generic drug pricing in question does not meet the requirements set forth in subsection (c) of this Code section. (h) The Commissioner shall have enforcement authority over this Code section." SECTION 5. Sections 1 and 6 and this section of this Act shall become effective on July 1, 2015. Sections 2, 3, and 4 of this Act shall become effective on January 1, 2016. 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 Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 0. HB 470, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 31, 2015 2673 Senator Martin of the 9th asked unanimous consent that Senator Black of the 8th be excused. The consent was granted, and Senator Black was excused. HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others: 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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Committee on Natural Resources and the Environment offered the following substitute to HB 475: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to provide for the control and transport of feral hogs; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise provisions relating to the hunting of feral hogs; to remove certain restrictions on the hunting of feral hogs; to provide for exceptions and penalties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Feral Hog Control Act." SECTION 2. The General Assembly finds that feral hogs are an invasive species in Georgia and are detrimental to the natural resources and agricultural production of the state. Feral hogs cause significant damage to crops and wildlife habitat. In addition, as carriers of communicable diseases, feral hogs pose a health risk to humans, livestock, companion animals, pets, and native wildlife. SECTION 3. Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, is amended by adding a new article to read as follows: 2674 JOURNAL OF THE SENATE "ARTICLE 7 2-7-200. As used in this article, the term 'feral hog' has the meaning provided by Code Section 27-1-2. 2-7-201. (a) No person shall transport live feral hogs anywhere in this state unless authorized to do so pursuant to a feral hog transport permit carried on such person while engaging in the transport of such feral hogs. (b)(1) Upon request by any person, the department shall issue a feral hog transport permit authorizing such person to transport live feral hogs; provided, however, that such permit shall only authorize the transportation of live feral hogs directly to slaughter, to a slaughtering facility, or to any other type of facility approved and licensed by the department, unless otherwise directed pursuant to an order issued by the state veterinarian. (2) The cost of a feral hog transport permit shall not exceed $15.00. (c) The department may require a license for the operation of any facility which holds but does not slaughter live feral hogs. The cost of such license shall not exceed $100.00. (d) Any fees for licenses collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. (e) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. In addition, any license or permit previously issued under Title 27 to any such person shall by operation of law be revoked and shall not be reissued for a period of three years after the date of conviction. Such person shall be notified of the revocation by the Department of Natural Resources either personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24. 2-7-202. No person shall commingle feral hogs with domestic swine or hold feral hogs on any premises where domestic swine are located. 2-7-203. Except as provided in subsection (e) of Code Section 2-7-201, any person who violates any provision of this article shall be guilty of a misdemeanor. 2-7-204. The department may promulgate all rules and regulations necessary to administer the provisions of this article." TUESDAY, MARCH 31, 2015 2675 SECTION 4. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising subsection (b) of Code Section 27-1-33, relating to the offense of criminal trespass, as follows: "(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area, fish hatchery, or natural area, or any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass." SECTION 5. Said title is further amended by revising Code Section 27-2-31, relating to wildlife control permits, as follows: "27-2-31. (a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation: (1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property; (2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively; (3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and (4) For feral hogs, provided that: (A) All permitted activities must comply with all rules and regulations of the Department of Agriculture; and (B)(i) No person shall transport any live feral hog without carrying on his or her person a feral hog transport permit issued by the Department of Agriculture pursuant to Code Section 2-7-201, and no person shall release any trapped or transported feral hog into any area that is not fenced to prevent the escape of such feral hog onto the land of another. (ii) Any person who violates division (i) of this subparagraph shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. (iii) Any license or permit previously issued under this title to any person convicted of violating division (i) of this subparagraph shall by operation of law be revoked and shall not be reissued for a period of three years after the date of 2676 JOURNAL OF THE SENATE such conviction. The licensee or permit holder shall be notified of the revocation personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24. (b)(1) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised. (2) Notwithstanding the provisions of paragraph (1) of this subsection, a wildlife control permit for feral hogs shall authorize the hunting or trapping of such feral hogs: (A) At night with a light except during the season prescribed for hunting deer; (B) From within a motor vehicle or while on a motor vehicle; and (C) By a Georgia resident without a hunting or trapping license if such hunting occurs on premises owned by the permittee or his or her immediate family or leased by him or her or his or her immediate family and used primarily for raising or harvesting crops other than timber or for containing livestock or poultry. Nothing in this subparagraph shall be construed to affect or negate the terms of any lease agreement. (3) A wildlife control permit for feral hogs shall expire not less than five years from the issuing date; provided, however, that if the permittee is leasing the premises upon which the hunting is to occur, such permit shall expire automatically upon the termination of the lease. The department shall provide for the renewal of permits. (c) Nothing in this Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species." SECTION 6. Said title is further amended by revising Code Section 27-3-4, relating to legal weapons for hunting, as follows: "27-3-4. (a) It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons: (A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer; (3) Firearms for hunting deer, and bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is TUESDAY, MARCH 31, 2015 2677 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 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; (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 other than deer and bear, 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, or feral hogs; and (9) The use of silencers or suppressors for hunting within this state is prohibited; provided, however, that a silencer or suppressor may be used for hunting on the private property of the person using such silencer or suppressor, on private property for which the owner of such property has provided verifiable permission to the person using such silencer or suppressor, and on public lands in areas designated by the department. (b)(1) It shall be illegal to use a silencer or suppressor for hunting in violation of paragraph (9) of subsection (a) of this Code section. A person who violates the provisions of this paragraph shall be guilty of a misdemeanor. 2678 JOURNAL OF THE SENATE (2) 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 hunting big game out of season or at night with a firearm equipped with a suppressor shall be suspended for three years." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 27-3-13, relating to unlawful hunting of certain animals from vehicles, as follows: "(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane aircraft, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power and feral hogs may be hunted from motor vehicles in accordance with an applicable wildlife control permit issued by the department." SECTION 8. Said title is further amended by revising Code Section 27-3-24, relating to restrictions on hunting feral hogs, as follows: "27-3-24. (a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs: (1) Upon the lands of another or enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land; (2) Upon any land which is posted without having the permission required by paragraph (1) of this subsection in writing and carried upon the person; or (3) Reserved; (4) From within a vehicle or while riding on a vehicle at night and with the use of a light; (5) At night with a light, except that a light which is carried on the person of a hunter, affixed to a helmet or hat worn by a hunter, or part of a belt system worn by a hunter may be used for locating feral hogs; or (6)(3) During the firearms deer season unless the hunter and each person accompanying the hunter are wearing a total of at least 500 square inches of daylight fluorescent orange material as an outer garment and such material or garment is worn above the waistline, and may include a head covering. (a.1)(1) The board may by rule or regulation restrict the feeding, baiting, or hunting of feral hogs upon, over, around, or near feed or bait in any county wherein there is a documented occurrence of a communicable disease in deer and in any county adjoining such county. Such restriction may be imposed in such county and any adjoining county for a period of up to and including one year and may be extended for additional periods of up to and including two years each upon documentation that the communicable disease is still present in deer in such county. No person shall feed, bait, or hunt feral hogs in violation of any restriction imposed pursuant to this TUESDAY, MARCH 31, 2015 2679 paragraph. (2) The department shall give notice of such restriction by mail or electronic means to each person holding a current license to hunt whose last known address is within a restricted county. The department may place or designate the placement of signs and markers so as to give notice of such restriction. (a.2) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feed or bait so as to constitute a lure, attraction, or enticement for feral hogs within 50 yards of any property ownership boundary. (b) It shall be unlawful to transport any live feral hog without carrying on his or her person a feral hog transport permit issued by the Department of Agriculture pursuant to Code Section 2-7-201. Any person who captures live feral hogs without such permit shall kill such feral hogs prior to transport from the point of capture. (c) The Board of Natural Resources is authorized by rules or regulations to control and regulate the hunting or taking of feral hogs on wildlife management areas." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel E Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson 2680 JOURNAL OF THE SENATE Y Heath Y Henson Y Hill, H Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 475, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 31 March 2015 Due to business outside the Senate Chamber, I missed the vote on HB 475. Had I been present, I would have voted YES. /s/ Horacena Tate District 38th Senator Parent of the 42nd was excused for business outside the Senate Chamber. HB 464. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Bethel E Black Y Burke Y Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims TUESDAY, MARCH 31, 2015 2681 Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. HB 464, having received the requisite constitutional majority, was passed. HB 3. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate N Thompson, B E Thompson, C 2682 JOURNAL OF THE SENATE Y Ginn Y Gooch N Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Kirk Y Ligon Y Lucas N Martin Y McKoon Millar Y Miller Y Mullis Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 4. HB 3, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others: A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 31, 2015 2683 The Calendar was resumed. HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The Senate Committee on Education and Youth offered the following substitute to HB 209: 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 "Georgia Special Needs Scholarship Act," so as to revise provisions relating to notification of parents of eligible students as to scholarship options; 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 "Georgia Special Needs Scholarship Act," is amended revising subsection (a) of Code Section 20-2-2113, relating to annual notification of options available to parents of special needs students, as follows: "(a) The resident school system shall provide specific written notice of the options available under this article to the parent at the initial Individualized Education Program (IEP) meeting in which a disability of the parent's child is identified. Thereafter, the The resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 2684 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 50, nays 0. HB 209, having received the requisite constitutional majority, was passed by substitute. Senator Parent of the 42nd was excused for business outside the Senate Chamber. HR 36. By Representatives Benton of the 31st and Quick of the 117th: A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Committee on Transportation offered the following substitute to HR 36: TUESDAY, MARCH 31, 2015 2685 A BILL TO BE ENTITLED AN ACT Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the State of Georgia and this nation continue to mourn the loss of one of its finest citizens with the untimely passing of Staff Sergeant Shaun J. Whitehead on April 24, 2008; and WHEREAS, a native of Commerce, Georgia, Staff Sergeant Whitehead attended Commerce High School and joined the United States Armed Forces in 2003; and WHEREAS, he served as a guardian of this nation's freedom and liberty as a member of the A Company, 2nd Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team; and WHEREAS, Staff Sergeant Whitehead was struck and killed by a bomb while patrolling on foot in Iskandariyah, Iraq; and WHEREAS, the untimely passing of this American hero has left an unfillable void in the hearts and lives of his parents, wife, children, family, and friends; and WHEREAS, Staff Sergeant Whitehead embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory. PART II WHEREAS, Mr. Bill T. Hardman was named Georgia's first tourism director of the Georgia Department of Industry and Trade in 1959 and was charged with the responsibility of building this state's hospitality industry; and WHEREAS, Mr. Hardman established and served as president of the Southern Travel Directors' Council, conducted the first Governor's Conference on Tourism in this country, and promoted Georgia at travel conferences around the United States, Canada, and Europe; and WHEREAS, he helped organize and served as chairman of the National Association of Travel Organizations and served on the organization's board of directors for 49 years; and 2686 JOURNAL OF THE SENATE WHEREAS, Mr. Hardman developed the concept of building Welcome Centers at major highway entrances for the State of Georgia; and WHEREAS, in 1991 he created the Southeast Tourism Society's Marketing College at the University of North Georgia; each year 300 students from 13 southern states travel to Dahlonega to participate in this tourism oriented school, which has 804 graduates to date; and WHEREAS, he was active in the effort to preserve and restore Lumpkin County's original courthouse, which now serves as Dahlonega's Gold Museum, and was part of the group of local civic boosters who led a wagon train loaded with gold mined in Dahlonega to the State Capitol to promote Dahlonega as a major tourism destination; and WHEREAS, in his beloved hometown of Dahlonega, Mr. Hardman organized the Christmas Decorating Contest for Dahlonega merchants and raised funds to restore and display the Dahlonega Driving Bell, a relic from 1875 found in the Chestatee River; and WHEREAS, Mr. Hardman was awarded the Tourism Lifetime Achievement Award by the State of Georgia and was inducted into the Atlanta Hospitality Hall of Fame. PART III WHEREAS, Mr. William Love Walton played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously protecting his fellow Americans during World War II; and WHEREAS, an upstanding resident of Eatonton, Georgia, for 88 years, Mr. Walton was a dairy farmer and beef farmer, helping to put the city on the map as the dairy capital of the world; and WHEREAS, Mr. Walton was named Georgia's Soil Conservationist of the Year in the early 1960's; and WHEREAS, a man of deep and abiding faith, Mr. Walton was an active member of First Baptist Church of Eatonton; and WHEREAS, he was united in love and marriage for more than 64 years to his wife, Carolyn Cunningham Walton, and he was blessed with four remarkable children; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. TUESDAY, MARCH 31, 2015 2687 PART IV WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mrs. Pauline Spearman Brinkley; and WHEREAS, Mrs. Brinkley was a woman with exceptional values and enduring work ethic, as evidenced by the countless hours she spent inspiring and influencing the children of Faceville and Decatur County, Georgia, through her work with the school lunch room program during and after World War II; and WHEREAS, a widowed mother of five, Mrs. Brinkley sewed clothes for her children out of patterns cut from newspapers and made her children's upbringing and happiness a priority during the most challenging of financial times; and WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and WHEREAS, Mrs. Brinkley was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in her memory. PART V WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Senior Police Officer Elmer B. "Buddy" Christian III on March 22, 2011; and WHEREAS, Officer Christian grew up in Madison County, Georgia, a beloved son of Bud and Carolyn Christian; and WHEREAS, Officer Christian was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, he worked with the Athens-Clarke County Transportation and Public Works Department before joining the Athens-Clarke County Police Department in December of 2002 as a police officer; and WHEREAS, Officer Christian was promoted to Senior Police Officer in March of 2010 and was a member of the department's honor guard; and 2688 JOURNAL OF THE SENATE WHEREAS, on March 22, 2011, Officer Christian paid the ultimate sacrifice when he was shot and killed in the line of duty; and WHEREAS, he was posthumously honored with the Sherm Applebaum Award by the Athens Rotary Club, Red Cross Heroes Award by the American Red Cross East Georgia Chapter, Military Order of the Purple Heart, Sworn Employee of the First Quarter of 2011 by the Athens-Clarke County Police Department, and Sworn Employee of the Year for 2011; and WHEREAS, his name has been added to the wall at the National Law Enforcement Memorial in Washington, D.C., and the Georgia Law Enforcement Memorial; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments and sacrifice of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART VI WHEREAS, Mr. James Henning Perry, also known as Uncle Jim Perry of Nashville, was born in May, 1922, in Nashville, Georgia, the beloved son of Edmond and Carrie Dorsey Perry and the brother of Mary Erneste Perry Houston and W.D. "Bill" Perry; and WHEREAS, Mr. Perry graduated from Berrien County High School, where he was a popular football star, and attended the University of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces and landed on Utah Beach in Normandy, France, on D-Day; and WHEREAS, throughout World War II, Mr. Perry fought at the Battle of St. Lo, France, the Liberation of Paris, the Battle of Huertgen Forest, and the Battle of Baston/Battle of the Bulge; and WHEREAS, his valor and bravery were recognized with medals and awards which include the Silver Star, Army Accommodation Medal for Valor, Purple Heart, Expert Infantryman's badge, three campaign ribbons for the war in Europe, and National Defense Medal; and WHEREAS, he was awarded the French Croix de Guerre, a medal equivalent to the Distinguished Service Cross given by the United States Armed Forces, for valor under fire on behalf of the liberation of Paris and the French people; and WHEREAS, upon his return to the United States after the war, Mr. Perry became a community leader, speaking often around the country; and TUESDAY, MARCH 31, 2015 2689 WHEREAS, Mr. Perry was the president and owner of the Nashville Grocery Company, a director and agent of Life of the South Insurance Company, and a bank director of the Citizens Bank; and WHEREAS, a man of deep and abiding faith, Mr. Perry was a devoted member of Nashville United Methodist Church where he sang in the choir and was on the church board; and WHEREAS, he was united in love and marriage to his supportive wife, Mary Payne Brown, and was blessed with two remarkable children, Jimmy and Kathryn; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. PART VII WHEREAS, Captain Herb Emory was born on April 2, 1953, in Transylvania County, North Carolina; and WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and 2690 JOURNAL OF THE SENATE WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a bridge in his memory. PART VIII WHEREAS, Mr. Wayne J. Hawes was born on February 22, 1914, the beloved son of the late Jack and Josephine Dallas Hawes; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Corps, valiantly and courageously defending his fellow citizens in World War II; and WHEREAS, a graduate of Washington High School, Mr. Hawes earned a bachelor's degree from Savannah State University and devoted his career to inspiring young people as an educator; and WHEREAS, he taught at several elementary schools in Lincoln County and served as a social studies teacher, department chairperson, assistant principal, and accounts manager at West Side High School; and WHEREAS, a civil rights advocate, Mr. Hawes was a life member of the NAACP, serving as president of his local chapter for many years, and was the first African American member of Lincoln County Board of Education; and WHEREAS, Mr. Hawes was a charter member of Twilight Improvement, Inc.; cofounder, chief executive officer, and president of Twilight Sewing Plant, Inc; and a member of the Northeast Georgia Leadership Council and American Legion Post 597; and WHEREAS, a man of deep and abiding faith, Mr. Hawes was a member of Ebenezer Baptist Church, where he served as a deacon for 52 years, a Sunday school teacher for more than 60 years, and assistant church clerk; and WHEREAS, he served as assistant secretary of the Columbia Sunday School Convention and president of the Lincoln County Sunday School Union; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. TUESDAY, MARCH 31, 2015 2691 PART IX WHEREAS, Mr. Roy William Beaver was born on July 9, 1927, the beloved son of R.A. "Rufus" and Etta Mae Beaver; and WHEREAS, a member of the VFW Blue Ridge Chapter, Mr. Beaver served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously defending his fellow citizens during World War II and the Korean War; and WHEREAS, he dedicated his career to Levi Strauss & Co. and diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state; and WHEREAS, Mr. Beaver served on the Fannin County Board of Commissioners and Fannin County Board of Education and was a past master of the Masonic Lodge Blue Ridge Chapter #67; and WHEREAS, he was united in love and marriage to Patsy Ruth Davenport Beaver for 61 wonderful years, and was blessed with two remarkable children, Michael and Sharon, three grandchildren, and two great-grandchildren; and WHEREAS, a man of deep and abiding faith, Mr. Beaver was an active member of O'Zion Baptist Church, where he served as secretary and treasurer; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating an intersection in his memory. PART X WHEREAS, James C. Moore was born in Coffee County in 1930; and WHEREAS, he graduated from Nicholls High School, from South Georgia College, and Georgia Southern College (known as Georgia Teachers College at the time); and WHEREAS, he served in the United States Air Force from 1951 until 1953, rising to the rank of Staff Sergeant; and WHEREAS, he taught and coached in the Coffee County School System for 13 years, serving at West Green (2), Nicholls (5), Douglas Junior High (2), and Coffee High (4); and WHEREAS, he also served as Principal of West Green Elementary for one year, Assistant Superintendent for one year, and as Superintendent of Schools for nine years; and 2692 JOURNAL OF THE SENATE WHEREAS, from 1978-1989, he served in the General Assembly representing Coffee and Atkinson Counties. During this period, he became close friends with the DOT Commissioner, Tom Moreland, and initiated many highway projects that are still providing benefits today. These projects included: the four-laning of U.S. Highway 441 from Douglas to Pearson; the four-laning and adding passing lanes from downtown Douglas to the present high school and to Broxton; the completion of the perimeter road around Douglas, which Mr. Moreland said at the dedication that Douglas was only the third city in Georgia to have a perimeter road behind Atlanta and Athens; the paving of streets in Coffee and Touchton Woods subdivisions; the paving of all roads to churches in Coffee County; the four-laning of SR 158 from Peterson Avenue to Baker Highway (a must for the Wal-Mart Distribution Center to locate in Douglas); and adding wider truck access on the perimeter road for Wal-Mart; and WHEREAS, while in the General Assembly, James C. Moore served on the Ways and Means, Education, Agriculture, Natural Resources, and QBE Study Committees; and WHEREAS, he was a member of the Legislative Council to the Southern Regional Education Board (SREB) for five years; and WHEREAS, James C. Moore sponsored legislation to create the Department of Adult and Technical Education; and WHEREAS, he resigned from the General Assembly in 1989 to become the VicePresident for Economic Development at Altamaha Technical College in Jesup and served in that position from 1989 until 1992; and WHEREAS, since he grew up in Coffee County, attended school in Coffee County, returned to Coffee County to live and work as an educator and farmer, and is a landowner and was a former business owner in Douglas, it is only proper and fitting that a lasting tribute recognizing the contributions of James C. Moore to the people of Coffee County be established. PART XI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper James David Young on May 4, 1975; and WHEREAS, a native of Fitzgerald, Georgia, Trooper Young attended the 41st Trooper School and was assigned to service at Post 30 in Cordele, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed by a prisoner while working with the Cordele Police Department; and TUESDAY, MARCH 31, 2015 2693 WHEREAS, Trooper Young exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. PART XII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper John Dixon Morris on May 18, 1982; and WHEREAS, a native of Dublin, Georgia, Trooper Morris attended the 54th Trooper School and was assigned to service at Post 8 in Madison, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short after he was killed in a patrol car crash on Atlanta Highway in Monroe, Georgia; and WHEREAS, Trooper Morris exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. PART XIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Mack Allen Page on June 22, 1968; and WHEREAS, a native of Ellijay, Georgia, Trooper Page attended the 26th Trooper School and was assigned to service with Post 27 in Blue Ridge, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 2 in Union County; and WHEREAS, Trooper Page exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. PART XIV 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 Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers were influential Tuskegee Airmen who valiantly and courageously served this nation during World War II and were born in or spent years during their childhood in Laurens County, Georgia; and WHEREAS, a native of Laurens County, Major Herndon Cummings enlisted in the United States Air Corps on June 25, 1942, and was assigned to the 447th Bomber Group with whom he served for four years; and 2694 JOURNAL OF THE SENATE WHEREAS, upon completion of his service with the Air Corps, Major Cummings enlisted with the United States Air Force Reserve and dedicated 20 years of additional service to the nation; and WHEREAS, Colonel Marion Rodgers was raised in Dublin, Georgia, and served with an anti-aircraft artillery unit and as a radio operator prior to attending flight school; and WHEREAS, Colonel Rodgers was assigned to the 99th Fighter Squadron, the "Red Tails," and dedicated 22 years to the Air Force before working in the civil service field for 17 years; and WHEREAS, Colonel Rodgers spent a year working for N.A.S.A. as a program manager on the mission for Apollo 13 and was prominent in the development of electronics and communications procedures with N.O.R.A.D.; and WHEREAS, Colonel John Whitehead spent several years during his youth in Laurens County and flew several missions over Europe during World War II; and WHEREAS, known as "Mr. Death" by his fellow pilots, Colonel Whitehead was the first African American test pilot for the Air Force and during his 30 year career spent more than 9,500 hours in the air; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized with the naming of an interchange in their honor. PART XV WHEREAS, MSG Reginald S. Carter, Sr., was recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces for over 25 years during World War II and the Vietnam War; and WHEREAS, MSG Carter diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Taylor County Board of Education and the Tax Assessors Board; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and TUESDAY, MARCH 31, 2015 2695 WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XVI WHEREAS, Lieutenant Kelso C. Horne served as a guardian of this nation's freedom and liberty as a second lieutenant in the 82nd Airborne Division during World War II; and WHEREAS, Lieutenant Horne was a resident of Dublin, Georgia, and graced the cover of LIFE magazine on August 14, 1944, as a representation of the one of thousands of men who were fighting to win the battle for France; and WHEREAS, at 2:06 A.M. on June 6, 1944, Lieutenant Horne leapt from his transport plane and parachuted into Normandy; and WHEREAS, after weeks of fighting to gain ground against the enemy, Lieutenant Horne was at the head of an infantry column that was advancing on a German-held town when he was stopped by a staff car and asked to be photographed; and WHEREAS, Lieutenant Horne was injured by shellfire in July 1944, and as he healed from his injuries in England he saw his photo on the cover of LIFE magazine; and WHEREAS, after he returned home from the war, Lieutenant Horne continued to serve his country with the United States Postal Service; and WHEREAS, it is only fitting and proper that a lasting tribute to Lieutenant Horne's memory and life of service to his country be established. PART 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, E-4 Roger Dorsey demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending his fellow citizens during the Vietnam War on the Air Craft Carrier Intrepid as an E-4 and working on the aircraft departing and coming from Vietnam; and 2696 JOURNAL OF THE SENATE WHEREAS, E-4 Dorsey earned a bachelor's degree from the University of Tennessee at Chattanooga and served as the owner and operator of the Lil Pig Convenience Store in Rossville for 22 years; and WHEREAS, a proud member of the VFW Post #3679, E-4 Dorsey was awarded the Republic of Vietnam Campaign Medal and the National Defense Service Medal; and WHEREAS, E-4 Dorsey embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory. PART XVIII WHEREAS, White County in Northeast Georgia is geographically considered part of the Appalachian mountain range; and WHEREAS, the cities of Cleveland and Helen in White County have promoted Cleveland as the gateway to the Appalachian mountain range for more than 20 years; and WHEREAS, the Appalachian Trail runs through White County and provides access to Cleveland and Helen; and WHEREAS, White County was designated as an official "Appalachian Trail Community" in 2012 by the Appalachian Trail Conservancy; and WHEREAS, White County is well known for its Appalachian folk potter face jugs and is home to famous folk potter families including the Meaders, Hewell, Dorsey, and Ferguson families; and WHEREAS, the county is home to the Sautee Nacoochee Center, which includes an American Heritage site featuring 19th century Appalachian artifacts which is used as an American Appalachia teaching exhibit; and WHEREAS, Cleveland and Helen in White County are well known in the field of Appalachian heritage arts, promoting and developing educational programs to keep the Appalachia visual and performing arts alive; and WHEREAS, Cleveland is home to Xavier Roberts, founder of Original Appalachian Artworks, where his Appalachian, handcrafted Little People heirloom dolls, now known as Cabbage Patch Kids, were created; and WHEREAS, White County has been designated as part of Appalachia by the federal government and is eligible for grants from the Appalachian Regional Commission. TUESDAY, MARCH 31, 2015 2697 PART XIX WHEREAS, Mr. Frank L. Danchetz has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and WHEREAS, Mr. Danchetz earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation for 34 years of superlative service in offices such as Environment and Location and Urban Design, with ten years as Chief Engineer; and WHEREAS, he was a professional mentor to many of the senior managers that currently lead the department, and was instrumental in creating excellent relationships for the department as a liaison to federal, state, and local legislators for project information; and WHEREAS, he has been recognized with numerous honors and accolades, including the Thomas H. MacDonald Memorial Award for continuous outstanding service over an extended period to the art and science of highway engineering; and WHEREAS, his leadership and guidance were instrumental to AASHTO, where he served as vice chairperson for the Standing Committee on Highways, as a member of the standing committee on Research and the Asset Management Task Force, and held leadership positions on the special committee on Environment, Archeology, and Historic Preservation; the standing committee on Environment; and the National Transportation Product Evaluation Program; and WHEREAS, Mr. Danchetz was a pillar of support and institution of service for the Georgia Department of Transportation, contributing some of the best years of his life to the betterment of transportation; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a road in his honor. PART XX WHEREAS, Mr. Paul V. Liles, Jr., 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 2698 JOURNAL OF THE SENATE WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and WHEREAS, Mr. Liles earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation with nearly four decades of superlative service, 22 years of which were as the State Bridge Engineer; and WHEREAS, he is an institution in the bridge and structural engineering world and has served on a variety of committees for both state and national organizations over the years, including AASHTO's Seismic, Construction, Concrete, Welding, Polymer Composites, and Security committees and the Transportation Research Board's General Structures, Concrete Bridges, Steel Bridges, Structural Fiber Reinforced Plastics, and Bridge Management committees; and WHEREAS, a registered professional engineer, Mr. Liles holds the title of longest serving employee at the department with 45 years of dedicated and professional activities on his record; and WHEREAS, his influence, role, and impact on engineering and bridge design in the State of Georgia is truly meaningful and will be valued for generations to come; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a bridge in his honor. PART XXI WHEREAS, Senator Lawrence (Bud) Stumbaugh 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, a graduate of Lipscomb University, Senator Stumbaugh's professional career includes roles as a professional manager, entrepreneur, motivational speaker, and public servant; and WHEREAS, Senator Stumbaugh diligently and conscientiously devoted his time, talents, and energy to the citizens of Georgia as a member of the Georgia State Senate for 16 years; and WHEREAS, during the eight terms Senator Stumbaugh served in the Senate, his leadership and bi-partisan spirit were evident as chairman of the Senate Insurance Committee; and TUESDAY, MARCH 31, 2015 2699 WHEREAS, he has spoken before sales management groups, civic clubs, political forums, and school, religious, and business functions in 26 states; and WHEREAS, Senator Stumbaugh grew one of his companies, Team Services, Inc., to 1,500 employees in 39 states and helped make it the 29th fastest growing corporation in America before selling it on the London Stock Exchange; and WHEREAS, he has served on the Board of Founders for Lipscomb University and the Board of Trustees for Faulkner University; and WHEREAS, during his tenure with the Georgia Senate, Senator Stumbaugh served as vice chairperson for the Metropolitan Atlanta Rapid Transit Overview Committee; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his honor. PART XXII WHEREAS, Captain Herbert "Herb" Lee Emory was born on April 2, 1953, in Transylvania County, North Carolina; and WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a 2700 JOURNAL OF THE SENATE dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a road in his memory. PART XXIII WHEREAS, Mrs. Runell "Nell" Brooks Foster was born on March 27, 1906, a beloved daughter of George B. and Emma Palmer Brooks; and WHEREAS, the youngest of 12 children, Mrs. Foster's father was a prominent farmer and land owner and she grew up on the family farm which consisted of more than 150 acres that spanned across what is now the intersection of U.S. Highway 78 and Rosebud Road; and WHEREAS, she attended Midway School, where she later went on to return as a teacher, and is the oldest living graduate of Grayson High School; and WHEREAS, Mrs. Foster was united in love and marriage to her high school sweetheart, Clyde Foster, on February 12, 1928, and after the couple lived for a short time in Atlanta, they returned to the corner of Rosebud Road and U.S. Highway 78 to live in the rock house at the intersection; and WHEREAS, now a centenarian, Mrs. Foster has lived on Rosebud Road and U.S. Highway 78 for 83 years and raised three daughters, Mary, Pat, and Sara, there; and WHEREAS, Mr. Foster owned and operated Foster's Service Station across from the family home for 45 years; and WHEREAS, for decades, the Foster's rock home has served as a landmark in the area, and it is abundantly fitting and proper that the intersection be dedicated in honor of Mrs. Foster and her family. PART XXIV WHEREAS, Ms. Gladys Maria Knight was born on May 28, 1944, in Atlanta, Georgia, the beloved daughter of Sarah Elizabeth and Merald Woodlow Knight, Sr.; and WHEREAS, known as the "Empress of Soul," Ms. Knight is a world renown recording artist, songwriter, businesswoman, humanitarian, and author; and TUESDAY, MARCH 31, 2015 2701 WHEREAS, her group, Gladys Knight & the Pips, was known for its award winning motown sound and R&B with hits such as "I Heard It Through the Grapevine," "Neither One of Us (Wants to Be the First to Say Goodbye)," "Midnight Train to Georgia," and "You're the Best Thing That Ever Happened to Me"; and WHEREAS, Ms. Knight's Grammy Award winning performances include "That's What Friends Are For," "Superwoman," "Missing You," and "Heaven Help Us All"; and WHEREAS, she earned the title of Best Traditional R&B Vocal Album from the Grammy's for her work on At Last and Best Gospel Choir or Chorus Album for One Voice; and WHEREAS, in addition to her amazing musical talent, Ms. Knight is a talented actress, earning a Golden Globe Best New Actress nomination for her role in Pipe Dreams; and WHEREAS, Ms. Knight has been recognized with numerous honors and accolades, including an Essence award for Career Achievement, Trumpet Awards Foundation Pinnacle Award, BET Lifetime Achievement Award, NAACP Image Award for Outstanding Jazz Artist, and Soul Train Music Awards Lifetime Achievement Award; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in her honor. PART XXV WHEREAS, Mr. Loyd Strickland has long been recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Strickland served as a member of the Department of Transportation Board in the 1960s, where his leadership and influence were instrumental in the development of Interstate 985 which provided a gateway to Gainesville State College and Lanier Technical College; and WHEREAS, his business acumen was widely recognized as the owner and founder of Chestnut Mountain Hatchery, which later became Crystal Farms, a major player in the poultry industry; and WHEREAS, Mr. Strickland's generosity and philanthropy were evident as an early supporter of Eagle Ranch, a thriving home for boys and girls; and 2702 JOURNAL OF THE SENATE 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, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating an intersection in his memory. PART XXVI 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 XXVII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 82 at Interstate 85 in Jackson County is dedicated as the Staff Sergeant Shaun J. Whitehead Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that State Route 400 in Dawson and Lumpkin counties is dedicated as the Bill T. Hardman Hospitality Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 16 over Rooty Creek in Putnam County is dedicated as the William Love Walton Bridge. BE IT FURTHER RESOLVED AND ENACTED that State Route 302 in Decatur County from its intersection with State Route 97 to the Florida state line is dedicated as the Pauline Spearman Brinkley Highway. TUESDAY, MARCH 31, 2015 2703 BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 78/State Route 10 Business over the Middle Oconee River in Clarke County is dedicated as the Officer Buddy Christian Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 76 at milepost 3.19 in Berrien County is dedicated as the 1st LT James H. Perry "Uncle Jim" Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Lee Road over Interstate 20 in Douglas County is dedicated as the Captain Herb Emory Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 79 over Soap Creek in Lincoln County is dedicated as the Wayne J. Hawes Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 515 and Loving Road in Fannin County is dedicated as the Roy William Beaver Intersection. BE IT FURTHER RESOLVED AND ENACTED that the members of this body recognize the outstanding contributions of James C. Moore and dedicate the portion of U.S. 221 North from the city limits of Douglas to the West Green city limits as the James C. Moore Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 107 from the eastern city limit of Fitzgerald to the intersection with Eastside Church Road is dedicated as the Trooper James David Young Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of US 441/GA 24 from the northern city limit of Eatonton to the southern city limit of Madison is dedicated as the Trooper John Dixon Morris Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 52 from its intersection with Rackley Road to the Dawson County line is dedicated as the Trooper Mack Allen Page Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 80 at U.S. 441 Bypass in Laurens County is dedicated as the Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers Interchange. BE IT FURTHER RESOLVED AND ENACTED that the southbound bridge on State Route 3 over Cedar Creek in Taylor County is dedicated as the MSG Reginald S. Carter, Sr., Memorial Bridge. 2704 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Route 441/State Route 117 in Laurens County from State Route 19 to U.S. Route 80 is dedicated as the Lieutenant Kelso Horne Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Mission Ridge Road in Walker County is dedicated as the E-4 Roger Dorsey, United States Navy, Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the portion of new Cleveland Bypass from SR11/US129 at Donald E. Thurmond Drive extending northwest to SR11/US129 at Hulsey Road is dedicated as the Appalachian Parkway. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 306 from GA 400 to State Route 53 in Forsyth County is dedicated as the Frank L. Danchetz Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 8/North Avenue over the Interstate 75/Interstate 85 Connector in Fulton County is dedicated as the Paul V. Liles, Jr., Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on the MARTA Indian Creek Station exit ramp to Interstate 285 southbound in DeKalb County is dedicated as the Senator Lawrence (Bud) Stumbaugh Bridge. BE IT FURTHER RESOLVED AND ENACTED that the new flyover ramp on Interstate 85 at Georgia 400 is dedicated as the Captain Herb Emory Flyover Ramp. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 78 and Rosebud Road in Gwinnett County is dedicated as Brooks-Foster Crossing. BE IT FURTHER RESOLVED AND ENACTED that State Route 9 in Fulton County from its intersection with Peachtree Street to 14th Street is dedicated as the Gladys Knight Highway. FURTHER RESOLVED AND ENACTED that the intersection of Interstate 985 and Mundy Mill Road is dedicated as the Loyd Strickland Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 280 over the Oconee River in Montgomery and Wheeler counties is dedicated as the Veterans Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. TUESDAY, MARCH 31, 2015 2705 BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; Mr. Frank L. Danchetz; Mr. Paul V. Liles, Jr.; Senator Lawrence (Bud) Stumbaugh; Mrs. Runell "Nell" Brooks Foster; Ms. Gladys Maria Knight; and the families of Staff Sergeant Shaun J. Whitehead; Mr. Bill T. Hardman; Mr. William Love Walton; Mrs. Pauline Spearman Brinkley; Officer Elmer B. "Buddy" Christian; Mr. James Henning Perry; Captain Herb Emory; Mr. Wayne J. Hawes; Mr. Roy William Beaver; James C. Moore; Trooper James David Young; Trooper John Dixon Morris; Trooper Mack Allen Page; Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers; MSG Reginald S. Carter, Sr.; Lieutenant Kelso C. Horne; E-4 Roger Dorsey; and Mr. Loyd Strickland. On the 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Gooch Y Harbin Y Harbison Y Harper Y Heath Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the adoption of the resolution, the yeas were 48, nays 2. HR 36, having received the requisite constitutional majority, was adopted by substitute. 2706 JOURNAL OF THE SENATE HB 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th: A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; 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 110 be placed on the Table. The consent was granted, and HB 110 was placed on the Table. Senator Millar of the 40th was excused for business outside the Senate Chamber. HB 339. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Committee on Finance offered the following substitute to HB 339: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for an application process for claiming tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 31, 2015 2707 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, is amended by revising subsection (e) of Code Section 48-7-40.26, relating to the tax credit for film, video, or digital production in this state, as follows: "(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates exceed $25 million for taxable years beginning on or after January 1, 2013, and before January 1, 2014. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million for such taxable year. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire for such taxable years. (2) For taxable years beginning on or after January 1, 2014, and before January 1, 2015, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (3) For taxable years beginning on or after January 1, 2015, and before January 1, 2016, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (4) The tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not be available for taxable years beginning on or after January 1, 2016 For taxable years beginning on or after January 1, 2016, and before January 1, 2019, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million for each taxable year. The tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not be available for taxable years beginning on or after January 1, 2019. (5) The maximum allowable credit claimed for any qualified interactive entertainment production company and its affiliates shall not exceed $1.5 million in any single year. (6) The commissioner shall allow the tax credits for qualified interactive entertainment production companies on a first come, first served basis based on the date the credits are claimed. Qualified interactive entertainment production companies seeking to claim a tax credit under the provisions of this Code section shall submit an application to the commissioner for preapproval of such tax credit. The commissioner shall be authorized to promulgate any rules and regulations and forms necessary to implement and administer the provisions of this Code section. The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications 2708 JOURNAL OF THE SENATE were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (7) No qualified interactive entertainment production company shall be allowed to claim an amount of tax credits under this Code section for any single year in excess of its total aggregate payroll expended to employees working within this state for the calendar year directly preceding the start of the year the qualified interactive entertainment production company claims the tax credits. Any amount in excess of such limit shall not be eligible for carry forward to the succeeding years' tax liability, nor shall such excess amount be eligible for use against the qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103, nor shall such excess amount be assigned, sold, or transferred to any other taxpayer. (8) Before the Department of Economic Development issues its approval to the qualified interactive entertainment production company for the qualified production activities related to interactive entertainment, the qualified interactive entertainment production company must certify to the department that: (A) The qualified interactive entertainment production company maintains a business location physically located in this state; and (B) The qualified interactive entertainment production company had expended a total aggregate payroll of $500,000.00 or more for employees working within this state during the calendar year directly preceding the start of the taxable year of the qualified interactive entertainment production company. The department shall issue a certification that the qualified interactive entertainment production company meets the requirements of this paragraph; provided, however, that the department shall not issue any certifications before July 1, 2014. The qualified interactive entertainment production company shall provide such certification to the Department of Economic Development. The Department of Economic Development shall not issue its approval until it receives such certification. (9)(A) For taxable years beginning on or after January 1, 2016, and before January 1, 2019, the qualified interactive entertainment production company shall report to the Department of Revenue on its Georgia income tax return the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year as provided in subparagraphs (B) and (C) of this paragraph. For purposes of this paragraph, a full-time employee shall mean a person who performs a job that requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (B) For taxable years beginning on or after January 1, 2016, and before January 1, 2017, the qualified interactive entertainment production company shall report such number for such taxable year and separately for each of the prior two taxable years. (C) For taxable years beginning on or after January 1, 2017, and before January 1, TUESDAY, MARCH 31, 2015 2709 2019, the qualified interactive entertainment production company shall report such number for each respective taxable year. (D) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, for such taxable years, the commissioner shall report yearly to the House Committee on Ways and Means and the Senate Finance Committee. The report shall include the name, tax year beginning, and monthly average number of full-time employees for each qualified interactive entertainment production company. The first report shall be submitted by June 30, 2016, and each year thereafter by June 30." 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 tax years beginning on or after January 1, 2016. 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 Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn N Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis Y Orrock E Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B E Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T 2710 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 44, nays 7. HB 339, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 31 March 2015 Due to business outside the Senate Chamber, I missed the vote on HB 339. Had I been present, I would have voted YEA. /s/ Horacena Tate District 38th HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. The Senate Committee on Insurance and Labor offered the following substitute to HB 117: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to change certain provisions relating to charging regular benefits paid against the experience rating account; to change certain provisions relating to applications for adjustment or refund; to change certain provisions relating to grounds for disqualification of benefits; to correct a cross- TUESDAY, MARCH 31, 2015 2711 reference; to change certain provisions relating to overpayments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising Code Section 34-8-43, relating to most recent employer, as follows: "34-8-43. (a) As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term 'most recent employer' means, for claims with benefit years that begin on or after July 1, 2015, the last employer for whom an individual worked. (a)(b) As used in this chapter and except as otherwise provided in subsection (b) (a) of this Code section, the term 'most recent employer' means, for claims with benefit years that begin on or before June 30, 2015, the last liable employer for whom an individual worked and: (1) The individual was separated from work for a disqualifying reason; (2) The individual was released or separated from work under nondisqualifying conditions and earned wages of at least ten times the weekly benefit amount of the claim; or (3) The employer files the claim for the individual by submitting such reports as authorized by the Commissioner. (b) As used in this chapter, the term 'most recent employer' means, for claims with benefit years that begin on or before December 31, 1991, the last liable employer for whom an individual worked and: (1) From whom the individual was separated from work for a disqualifying reason; or (2) From whom the individual was released or separated from work under nondisqualifying conditions and earned wages equal to the lesser of $500.00 or eight times the weekly benefit amount of the claim. (c) Where no employer in subsection (a) or (b) of this Code section meets the definition of most recent employer from the beginning of the base period to the date the claim is filed, the last liable employer for whom the individual worked shall be considered as the most recent employer for determining eligibility for benefits. (d) Where periods of employment with the same liable employer fail, independently, to meet the definition of most recent employer in subsection (a) or (b) of this Code section, such periods of employment may be used cumulatively to determine the most recent employer and eligibility for benefits shall be determined by the reason for separation from the last employment with such employer." SECTION 2. Said chapter is further amended by revising Code Section 34-8-157, relating to charging regular benefits paid against the experience rating account, as follows: 2712 JOURNAL OF THE SENATE "34-8-157. (a) Regular benefits paid with respect to all benefit years that begin on or before December 31, 1991, shall be charged against the experience rating account of employers in the following manner: (1) Benefits paid to an individual with respect to the individual's current benefit year shall be charged against the accounts of the individual's base period employers. Charges shall be based upon the pro rata share of wages paid to the individual during the base period. To receive relief of charges to its account, an employer shall furnish, in a timely manner, detailed and specific information as to the reason for separation from employment. If a disqualification is imposed on the claim and the employer has properly submitted its information, the account shall be relieved of charges; (2) When the most recent employer, as that term is defined in Code Section 34-8-43, is not a base period employer, a determination shall be made with respect to potential future charges in the event a second benefit year claim is filed. If an individual files a valid claim for unemployment compensation for a second benefit year and is paid unemployment compensation, then those benefits will be charged or relieved against the experience rating account of such employer as provided in this Code section; (3) An employer who provided timely response to the department as specified in the regulations of the department may receive relief of charges for benefits paid to an individual under any of the following circumstances: (A) An employer subject to benefit charges offers otherwise suitable work to the individual and the job is refused solely because the individual has moved his or her place of residence too far to commute to the job location. The employer must provide timely notice to the Commissioner of the job offer as provided by regulations of the Commissioner; or (B) The individual earned base period wages for part-time employment from an employer who: (i) Is an interested party because of the individual's loss of other employment; (ii) Has provided base period employment and continues to provide employment to the same extent as that part-time employment was provided in the base period of the individual; and (iii) Has furnished timely information pursuant to the regulations of the Commissioner; and (4) Notwithstanding paragraphs (1) through (3) of this subsection, any employer who has elected to make payments in lieu of contributions is not subject to relief of charges for benefits paid with respect to all benefit years that begin on or before December 31, 1991. (b)(a) Regular benefits paid with respect to all benefit years that begin on or after January 1, 1992, but prior to July 1, 2015, shall be charged against the experience rating account or reimbursement account of employers in the following manner: (1) Benefits paid shall be charged to the account of the most recent employer, as that term is defined in Code Section 34-8-43, including benefits paid based upon insured wages which were earned to requalify following a period of disqualification as TUESDAY, MARCH 31, 2015 2713 provided in Code Section 34-8-194; (2)(A) Except as otherwise provided in paragraph (3) of this subsection, benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year. (B) In the event the provisions of subparagraph (A) of this paragraph are determined by the United States secretary of labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section. (C)(B) Except as otherwise provided in paragraph (3) of this subsection, benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254. (D)(C) Except as otherwise provided in paragraph (3) of this subsection, for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster; (3)(A) An employer shall respond in a timely and adequate manner to a notice of a claim filing or a written request by the department for information relating to a claim for benefits as specified in the rules or regulations prescribed by the Commissioner. (B) Any violation of subparagraph (A) of this paragraph by an employer or an officer or agent of an employer absent good cause may result in the employer's account being charged for overpayment of benefits paid due to such violation even if the determination is later reversed; provided, however, that upon the finding of three violations of subparagraph (A) of this paragraph within a calendar year resulting in an overpayment of benefits, an employer's account shall be charged for any additional overpayment and shall not be relieved of such charges unless good cause is shown; and (4) Benefits paid to individuals shall be charged against the Unemployment Trust Fund when benefits are paid but not charged against an employer's experience rating account as provided in this Code section. (b)(1) Regular benefits paid with respect to all benefit years that begin on or after July 1, 2015, shall be charged against the experience rating account or reimbursement account of the most recent employer as defined in subsection (a) of Code Section 348-43, provided that: 2714 JOURNAL OF THE SENATE (A) The most recent employer is a liable employer, as provided in Code Section 348-42; and (B)(i) The most recent employer separated the individual from work under nondisqualifying conditions, or files the claim for the individual by submitting such reports as authorized by the Commissioner; or (ii) The individual separated from the most recent employer under nondisqualifying conditions. (2) Regular benefits to be charged against the experience rating account or reimbursement account of the most recent employer pursuant to paragraph (1) of this subsection shall be charged in the following manner: (A) Benefits paid shall be charged to the account of the most recent employer as defined in Code Section 34-8-43, including those benefits paid based upon insured wages which were earned to requalify following a period of disqualification as provided in Code Section 34-8-194; (B) Except as otherwise provided in subparagraph (E) of this paragraph, benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing though the individual's benefit year; (C) Except as otherwise provided in subparagraph (E) of this paragraph, benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254; (D) Except as otherwise provided in subparagraph (E) of this paragraph, for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster; (E)(i) An employer shall respond in a timely and adequate manner to a notice of a claim filing or a written request by the department for information relating to a claim for benefits as specified in the rules or regulations prescribed by the Commissioner. (ii) Any violation of division (i) of this subparagraph by an employer or an officer or agent of an employer absent good cause may result in the employer's account being charged for overpayment of benefits paid due to such violation even if the determination is later reversed; provided, however, that upon the finding of three violations of division (i) of this subparagraph within a calendar year resulting in an overpayment of benefits, an employer's account shall be charged for any additional overpayment and shall not be relieved of such charges unless good cause is shown; and (F) Benefits paid to individuals shall be charged against the Unemployment Trust Fund when benefits are paid but not charged against an employer's experience rating account as provided in this Code section or when the employer is not a liable employer as provided in Code Section 34-8-42. (c)(1) Payments of extended benefits as provided in Code Section 34-8-197 shall be charged to an employer's experience rating account in the same proportion as regular TUESDAY, MARCH 31, 2015 2715 benefits are charged, except an employer shall be charged for only 50 percent of its portion of the extended benefits paid for all weeks after the first week of extended benefits; provided, however, that benefits paid that are attributable to service in the employ of any governmental entity as described in subsection (h) of Code Section 348-35 shall be financed in their entirety by such governmental entity which is charged as provided in this Code section. (2) As provided by 26 U.S.C. Section 3304, only 50 percent of extended benefits paid shall be charged to the individual's employers as described in paragraph (1) of this subsection. However, if the federal government does not reimburse the 50 percent for the first week of extended benefits paid, employers shall be charged 100 percent of such first week of extended benefits paid. When employers have been determined to be relieved from charges, such payments shall be charged against the Unemployment Trust Fund in the appropriate amount. (d) The Commissioner shall by regulation provide for the notification of each employer of charges made against its account at intervals not less frequent than semiannually. The charges in such notification shall be binding upon each employer for all purposes unless the employer files a request for review and redetermination in writing. Such request must set forth the charges to which the employer objects and the basis of the objection. The request must be made within 15 days of the prescribed notification. Upon such request being filed, the employer shall be granted an opportunity for a fair hearing. However, no employer shall have standing in any proceeding to contest the chargeability to its account of any benefit paid in accordance with a determination, redetermination, or decision pursuant to Articles 7 and 8 of this chapter, except upon the ground that the services upon which such benefits were found to be chargeable did not constitute services performed in employment for the employer and only in the event that the employer was not a party to such determination, redetermination, or decision, or to any other proceedings under this chapter in which the character of such services was determined. The employer shall be promptly notified of the Commissioner's redetermination. The redetermination shall become final unless a petition for judicial review is filed within 15 days after notice of redetermination. Such notice shall be mailed or otherwise delivered to the employer's last known address. The petition for judicial review shall be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. In any proceeding under this Code section, the findings of the Commissioner as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner. The Commissioner may, after hearing such additional evidence, modify the determination and file such modified determination, together with a transcript of the additional record, with the court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under Articles 7 and 8 of this chapter and Chapter 9 of this title. An appeal may be taken from the decision of the Superior Court of Fulton County or the superior court of the county of residence of 2716 JOURNAL OF THE SENATE the petitioner to the Court of Appeals of Georgia in the same manner as is provided in civil cases." SECTION 3. Said chapter is further amended by revising Code Section 34-8-164, relating to applications for adjustment or refund, as follows: "34-8-164. Applications for an adjustment or a refund of contributions, payments in lieu of contributions, or interest thereon, shall be submitted no later than three years from the date such amounts were assessed. Applications must be in writing. The Commissioner shall determine what amounts, if any, were erroneously collected. Adjustments shall be made against subsequent payments. Refunds will be issued, without interest thereon, when adjustments cannot be made. At the option of the Commissioner, the Commissioner may initiate make any adjustments or refunds deemed appropriate for any amounts erroneously collected where no written request for a refund or an adjustment has been received, provided such amounts were assessed within the last three seven years. Amounts shall be refunded from the fund into which they were deposited." SECTION 4. Said chapter is further amended by revising paragraph (1) of Code Section 34-8-194, relating to grounds for disqualification of benefits, as follows: "(1)(A) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer voluntarily without good cause in connection with the individual's most recent work. (B) Good cause in connection with the individual's most recent work shall be determined by the Commissioner according to the circumstances in the case; provided, however, that the following circumstances shall be deemed to establish such good cause and the employer's account shall not be charged for any benefits paid out to an individual who leaves an employer: (i) To leaving an employer to accompany a spouse who has been reassigned from one military assignment to another shall be deemed to be for good cause; provided, however, that the employer's account shall not be charged for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another.; or (ii) Due to family violence verified by reasonable documentation demonstrating that: (I) Leaving the employer was a condition of receiving services from a family violence shelter; (II) Leaving the employer was a condition of receiving shelter as a resident of a family violence shelter; or (III) Such family violence caused the individual to reasonably believe that the TUESDAY, MARCH 31, 2015 2717 claimant's continued employment would jeopardize the safety of the claimant or the safety of any member of the claimant's immediate family. For purposes of this subparagraph, the term 'family violence' shall have the same meaning as in Code Section 19-13-1 and the term 'family violence shelter' shall have the same meaning as in Code Section 19-13-20. (C) To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. (D) Notwithstanding the foregoing, in the Commissioner's determination the When voluntarily leaving an employer, the burden of proof of good work connected cause for voluntarily leaving such work in connection with the individual's most recent work shall be on the individual. (E) Benefits shall not be denied under this paragraph, however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment;" SECTION 5. Said chapter is further amended by revising paragraph (1) of Code Section 34-8-159, relating to specific provisions for payments in lieu of contributions, as follows: "(1) Date payment due. Upon approval by the Commissioner, at the end of each calendar quarter or at the end of such other period as determined by the Commissioner, each organization or group of organizations shall be billed for payments in lieu of contributions charged to it during such quarter or other prescribed period in accordance with Code Section 34-8-158. Provisions applicable to contributing employers in subsection (a) of Code Section 34-8-157 under which employers may not be charged do not apply to employers who make payments in lieu of contributions;" SECTION 6. Said chapter is further amended by revising Code Section 34-8-254, relating to overpayments, by adding a new subsection to read as follows: "(e) Any action to recover an overpayment shall be brought by the Commissioner or an authorized representative of the Commissioner within seven years from the release date of the notice of determination and overpayment by the department." 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. 2718 JOURNAL OF THE SENATE Senator McKoon of the 29th offered the following amendment #1: Amend the Senate Committee on Insurance and Labor substitute to HB 117 (LC 37 1996ERS) by inserting between "security;" and "to" on line 2 the following: to change the definition of the term "employment"; to provide that the Department of Labor shall maintain a web based system of notifying the department of employment that is improperly reported; to provide for investigation of reports of misclassification; By deleting lines 11 and 12 and inserting in lieu thereof the following: security, is amended by revising subsection (f) of Code Section 34-8-35, relating to the definition of employment applicable to the "Employment Security Law," as follows: "(f) Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that: (1)(A) Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individual's contract of service and in fact, as demonstrated by evidence timely submitted to the department upon which the department determines by analyzing the totality of the circumstances on a case-by-case basis that the individual: (i) Is not prohibited from working for other companies or holding other employment contemporaneously; (ii) Is free to accept or reject work assignments without consequence; (iii) Is not prescribed minimum hours to work or, in the case of sales, does not have a minimum number of orders to be obtained; (iv) Has the discretion to set his or her own work schedule; (v) Receives only minimal instructions and no direct oversight or supervision regarding the services to be performed, such as the location where the services are to be performed and any requested deadlines; (vi) When applicable, has no territorial or geographic restrictions; and (vii) Is not required to perform, behave, or act or, alternatively, is compelled to perform, behave, or act in a manner related to the performance of services for wages which is determined by the Commissioner to demonstrate employment, in accordance with this Code section and such rules and regulations as the Commissioner may prescribe; and (B) Such individual is customarily engaged in an independently established trade, occupation, profession, or business; or (2) Such individual and the services performed for wages are the subject of an SS-8 determination by the Internal Revenue Service, which decided against employee status." SECTION 1A. Said chapter is further amended by adding a new Code section to read as follows: "34-8-257. The department shall create a web based reporting system by which instances of TUESDAY, MARCH 31, 2015 2719 improperly reported employment may be submitted to the department. The department shall investigate each credible report." SECTION 1B. Said chapter is further amended by revising Code Section 34-8-43, relating to most recent employer, as 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 26, and the McKoon 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. HB 117, having received the requisite constitutional majority, was passed by substitute. 2720 JOURNAL OF THE SENATE HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The Senate Committee on Finance offered the following substitute to HB 63: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a sunset date; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Employer GED Tax Credit Act of 2015." SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, is amended by repealing Code Section 48-7-41, relating to basic skills education program credits, and inserting a new Code section to read as follows: "48-7-41. (a) As used in this Code section, the term: (1) 'Adult basic skills education' means training that enhances reading, writing, or mathematical skills of adult employees. (2) 'Approved adult basic skills education program' means an employer provided or employer sponsored adult basic skills education program: (A) That has agreed to operate under the standards for the delivery of adult TUESDAY, MARCH 31, 2015 2721 education services as designated by the Technical College System of Georgia, Office of Adult Education; and (B) For which the employer does not require the employee to make any payment, either directly or indirectly, through forfeiture of leave time, vacation time, or other compensable time. (3) 'Basic skills education test' means the test required to receive a GED diploma. (4) 'Employee' means any employee resident in this state who is employed for at least 24 hours per week and has been continuously employed by the employer for at least 16 consecutive weeks and who is eligible to take the GED test. (5) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (6) 'Employer provided' refers to approved basic skills education offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (7) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved basic skills education that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved adult basic skills education program. The amount of the tax credit shall be: (1) Four hundred dollars for each employee who passes the basic skills education test that was paid for by the employer in a taxable year; or (2) Twelve hundred dollars for each employee who successfully completes an approved adult basic skills education program consisting of at least 40 hours of training while the employee is being compensated at his or her normal rate of pay, and passes the basic skills education test that was paid for by the employer in a taxable year. No employer shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of attending the adult basic skills education program or taking the basic skills education test. (c)(1) An employer desiring to claim a tax credit under the provisions of this Code section shall submit an application to the commissioner for preapproval of such tax credit. The application for preapproval shall be developed and promulgated by the commissioner along with any rules or regulations necessary to aid in the administration of this income tax credit. The department shall have the authority to require electronic submission of such application in the manner specified by the department. (2) Within 45 days of receipt of a properly completed application for preapproval, the commissioner shall preapprove the application if a sufficient amount of available tax credits remains. The commissioner shall provide notice of the preapproval or denial to the employer and the Office of Adult Education. The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to 2722 JOURNAL OF THE SENATE fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (d) In order to receive the income tax credit established under this Code section, the employer shall, after the successful completion by an employee of the requirements of paragraph (1) or (2) of subsection (b) of this Code section, and after receiving preapproval of the credit by the commissioner under subsection (c) of this Code section, certify to the Technical College System of Georgia, Office of Adult Education, the name of the employee, the name of the employer, the name of the approved adult basic skills education provider, and such other information as may be required by the Office of Adult Education. The Office of Adult Education shall issue a certification to the employer if the requirements of subsections (a), (b), and (c) of this Code section are satisfied. Such certification shall be attached to the taxpayer's income tax return when the credit is claimed. The Technical College System of Georgia shall adopt rules and regulations and forms necessary to implement and administer this income tax credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of income tax credits pursuant to this Code section. (e) In no event shall the aggregate amount of the income tax credits preapproved under this Code section exceed $1 million per calendar year. No single employer shall receive income tax credits pursuant to this Code section in excess of $100,000.00 per calendar year. (f) The income tax credit granted to any employer pursuant to this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code section. (g) The department shall provide an annual report to the General Assembly on the utilization of the tax credit established under this Code section. (h) This Code section shall stand repealed on January 1, 2020." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2016. 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. TUESDAY, MARCH 31, 2015 2723 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon E Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 63, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused as Conferees: Gooch of the 51st Shafer of the 48th Williams of the 19th The following Senators were excused for business outside the Senate Chamber: Burke of the 11th Hill of the 6th HB 48. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Dugan of the 30th. 2724 JOURNAL OF THE SENATE Senators Hill of the 32nd and Thompson of the 14th offered the following amendment #1: Amend HB 48 (LC 39 0981S) by inserting after "plate;" on line 12 "to provide for a special and distinctive motor vehicle license plate for members of the Georgia State Defense Force;". By inserting after line 106 the following: SECTION 2.1. Said article is further amended by revising Code Section 40-2-81, which was previously reserved, as follows: "40-2-81. (a) For purposes of this Code section, the term 'Georgia State Defense Force' means that organization established pursuant to Part 3 of Article 1 of Chapter 2 of Title 38. (b)(1) Motor vehicle and trailer owners who are members of the Georgia State Defense Force shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, motorcycles, or recreational vehicles used for personal transportation. 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 are members of the Georgia State Defense Force shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a Georgia State Defense Force member license plate. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member of the Georgia State Defense Force 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 40-234. (c) The commissioner shall design a Georgia State Defense Force member license plate. 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, motorcycles, 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. Such plates TUESDAY, MARCH 31, 2015 2725 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, motorcycles, 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 members of the Georgia State Defense Force. (e) The license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (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. (g) Should a member of the Georgia State Defense Force who has been issued a license plate or license plates be discharged or otherwise separated from the Georgia State Defense Force, the member shall forward his or her Georgia State Defense Force member license plate or plates to the commissioner along with a certificate to the effect that such person has been discharged or otherwise separated from the Georgia State Defense Force, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former member of the Georgia State Defense Force to replace the Georgia State Defense Force member plate or platesReserved." 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 24, nays 13, and the Hill of the 32nd, Thompson of the 14th 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 Beach Y Bethel Y Black E Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H N Orrock Y Parent Y Ramsey Y Rhett Seay C Shafer Y Sims Y Stone Y Tate Y Thompson, B 2726 JOURNAL OF THE SENATE Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson E Hill, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 45, nays 3. HB 48, having received the requisite constitutional majority, was passed as amended. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Jones of the 25th HB 511. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Health and Human Services offered the following substitute to HB 511: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for minimum standards for pharmacy technicians to fill remote automated medication systems under certain circumstances; to amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to respiratory care, so as to provide for the licensure of durable medical equipment suppliers; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for expansion of certain medical professionals to prescribe auto-injectable epinephrine to an authorized entity and for other emergency purposes; to amend Chapter 2A of Title 31 of the Official TUESDAY, MARCH 31, 2015 2727 Code of Georgia Annotated, relating to the Department of Public Health, so as to provide for expansion of treatment for allergy reactions; to authorize certain health care practitioners to prescribe auto-injectable epinephrine; to authorize certain individuals to administer auto-injectable epinephrine under certain circumstances; to provide immunity from liability; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended in Code Section 26-4-28, relating to the powers, duties, and authority of the Georgia State Board of Pharmacy, by revising paragraph (12.1) of subsection (a) as follows: "(12.1)(A) The licensure for the use of remote automated medication systems and the regulation and establishment of minimum standards for the use and operation of remote automated medication systems to ensure safe and efficient dispensing, including, but not limited to, appropriate security measures, requirements for skilled nursing facilities and hospices that utilize such systems, training requirements, accuracy and quality assurance measures, recordkeeping requirements, and such other appropriate requirements as determined by the board. (B) The regulation and establishment of minimum standards for the use and operation of remote automated medication systems by the board as provided for in subparagraph (A) of this paragraph shall permit a pharmacy technician registered pursuant to this chapter to fill a remote automated medication system. If the remote automated medication system utilizes radio frequency identification or bar coding in the filling process, the pharmacy shall retain an electronic record of the filling activities of the pharmacy technician. If the remote automated medication system does not utilize radio frequency identification or bar coding in the filling process, a pharmacist shall supervise continuously the filling activities of the pharmacy technician through a two-way audiovisual system. (C) The board may establish rules and regulations to implement the requirements of this paragraph;" PART II SECTION 2-1. Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to respiratory care, is amended in Code Section 43-34-142, relating to definitions, by adding 2728 JOURNAL OF THE SENATE a new paragraph to read as follows: "(1.1) 'Durable medical equipment' means equipment, including repair and replacement parts for the same but not including mobility enhancing equipment, which: (A) Can withstand repeated use; (B) Is primarily and customarily used to serve a medical purpose; (C) Generally is not useful to a person in the absence of illness or injury; and (D) Is not worn in or on the body." SECTION 2-2. Said article is further amended in Code Section 43-34-143, relating to the powers and duties of the Georgia Composite Medical Board, by adding a new paragraph to read as follows: "(6.1) Issue, suspend, deny, and renew licenses for suppliers of durable medical equipment pursuant to Code Section 43-34-151.1;" SECTION 2-3. Said article is further amended by adding a new Code section to read as follows: "43-34-151.1. (a) Any person who delivers disposable medical supplies or durable medical equipment for which a prescription is required and any person who accepts a physician order to provide disposable medical supplies or durable medical equipment shall possess a durable medical equipment supplier license issued by the board. (b) The board shall issue a license to an applicant for licensure as a durable medical equipment supplier if the applicant: (1) Completes the license application required by the board; (2) Maintains a physical location in the State of Georgia, which location is accredited by an accrediting organization recognized by the federal Centers for Medicare and Medicaid Services; and (3) Pays the license fee required by the board, which in no event shall exceed the license fee for a respiratory technician. (c) Licenses issued pursuant to this Code section shall be effective for 24 months from the date of issuance and shall not be transferable or assignable. (d) The board may deny, revoke, or suspend a license issued pursuant to this Code section upon a finding that the applicant or licensee: (1) Made a material misrepresentation to the board; or (2) Has violated any state or federal law or regulation that is related to the provision of health care services, including disposable medical supplies and durable medical equipment. If a license is denied, revoked, or suspended pursuant to this subsection, the applicant or licensee may appeal the board's decision in the same manner as provided in Code Section 43-34-152. (e) This Code section shall not apply to the sale of disposable medical supplies or TUESDAY, MARCH 31, 2015 2729 durable medical equipment for which a prescription is required by: (1) Licensed pharmacists or pharmacies; (2) Physicians who do not sell, lease, or rent home medical equipment; (3) Licensed dialysis providers, include those offering in-center dialysis, home dialysis services, or both; (4) Suppliers of insulin infusion pumps and related supplies or services; or (5) Persons who do not sell, lease, or rent home medical equipment and have an existing state license or permit to operate: (A) A skilled nursing facility; (B) A hospital; (C) An ambulatory surgical center; (D) A health care facility owned or operated by the state or federal government; (E) An assisted living facility that provides disposable medical supplies or durable medical equipment only to its residents; or (F) As a manufacturer or wholesale distributor that provides disposable medical supplies or durable medical equipment directly to consumers." PART III SECTION 3-1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, as follows: "26-4-116.1. (a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant. (b) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) of this Code section A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 312A-18. (c) A medical professional, as defined in Code Section 43-34-26.2, may prescribe autoinjectable epinephrine to an entity described in Code Section 31-2A-18. A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a), (b), or (c) of this Code section." 2730 JOURNAL OF THE SENATE SECTION 3-2. Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new Code section to read as follows: "31-2A-18. (a) As used in this Code section, the term: (1) 'Administer' means the direct application of auto-injectable epinephrine to the body of an individual. (2) 'Authorized entity' means any entity or organization, other than a school described in Code Section 20-2-776.2, in connection with or at which allergens capable of causing anaphylaxis may be present, as identified by the State Board of Pharmacy. The State Board of Pharmacy shall, through rule or other guidance, identify the types of entities and organizations that are considered authorized entities no later than January 1, 2016, and shall review and update such rule or guidance at least annually thereafter. (3) 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (4) 'Health care practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103. (5) 'Provide' means the supply of one or more auto-injectable epinephrine to an individual. (b) A health care practitioner may prescribe auto-injectable epinephrine in the name of an authorized entity for use in accordance with this Code section, and pharmacists and health care practitioners may dispense auto-injectable epinephrine pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this Code section shall be valid for two years. (c) An authorized entity may acquire and stock a supply of auto-injectable epinephrine pursuant to a prescription issued in accordance with this Code section. Such autoinjectable epinephrine shall be stored in a location readily accessible in an emergency and in accordance with the auto-injectable epinephrine's instructions for use and any additional requirements that may be established by the State Board of Pharmacy. An authorized entity shall designate employees or agents who have completed the training required by subsection (e) of this Code section to be responsible for the storage, maintenance, control, and general oversight of auto-injectable epinephrine acquired by the authorized entity. (d) An employee or agent of an authorized entity, or any other individual, who has completed the training required by subsection (e) of this Code section may use autoinjectable epinephrine prescribed pursuant to subsection (b) of this Code section to: (1) Provide auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of such individual, for immediate administration, regardless of TUESDAY, MARCH 31, 2015 2731 whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and (2) Administer auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy. (e) An employee, agent, or other individual described in subsection (c) or (d) of this Code section must complete an anaphylaxis training program and repeat such training at least every two years following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the State Board of Pharmacy. The State Board of Pharmacy may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. Training may be conducted online or in person and, at a minimum, shall cover: (1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; (2) Standards and procedures for the storage and administration of auto-injectable epinephrine; and (3) Emergency follow-up procedures. The entity that conducts the training shall issue a certificate, on a form developed or approved by the State Board of Pharmacy, to each individual who successfully completes the anaphylaxis training program. (f) An authorized entity that possesses and makes available auto-injectable epinephrine and its employees, agents, and other individuals; a health care practitioner that prescribes or dispenses auto-injectable epinephrine to an authorized entity; a pharmacist or health care practitioner that dispenses auto-injectable epinephrine to an authorized entity; and an individual or entity that conducts the training described in subsection (d) of this Code section shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this Code section; provided, however, that this immunity does not apply to acts or omissions constituting willful or wanton misconduct. The administration of auto-injectable epinephrine in accordance with this Code section is not the practice of medicine or any other profession that otherwise requires licensure. This Code section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under Code Section 51-1-29. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of autoinjectable epinephrine outside of this state if the entity: (1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or (2) Is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred. (g) An authorized entity that possesses and makes available auto-injectable epinephrine 2732 JOURNAL OF THE SENATE shall submit to the State Board of Pharmacy, on a form developed by the State Board of Pharmacy, a report of each incident on the authorized entity's premises that involves the administration of auto-injectable epinephrine pursuant to subsection (d) of this Code section. The State Board of Pharmacy shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection." SECTION 3-3. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, is amended by adding a new Code section to read as follows: "43-34-26.2. (a) As used in this Code section, the term: (1) 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (2) 'Emergency Public Access Station' or 'EPAS' means a locked, secure container for the storage of auto-injectable epinephrine which: (A) Allows a lay rescuer to consult with a medical professional in real time by audio, video, or other similar means of electronic communication; (B) Upon authorization of the consulting medical professional, may be unlocked to make available the auto-injectable epinephrine; (C) Has received any approval required under Title 21 of the United States Code from the United States Food and Drug Administration; and (D) Is maintained under the general oversight of a medical professional. (3) 'Medical professional' means any physician or other person authorized under this title to treat, use, or prescribe medicine and drugs in this state or the state in which such physician or other person is located. (b) A medical professional may prescribe a stock supply of auto-injectable epinephrine to any entity or organization for storage in an Emergency Public Access Station or may place a stock supply of auto-injectable epinephrine at any entity or organization in an EPAS in accordance with protocols established by the medical professional and approved by the State Board of Pharmacy. (c) A medical professional may provide consultation to the user of an EPAS and may make the auto-injectable epinephrine stored in the EPAS available to the user in accordance with protocols established by the medical professional and approved by the State Board of Pharmacy. (d) Any person may use an EPAS and may administer or provide auto-injectable epinephrine made available through the EPAS to a specific individual believed in good faith to be experiencing anaphylaxis or to the parent, guardian, or caregiver of such individual. (e) Any person, including any entity or organization at which an EPAS is located, a medical professional, and any user of an EPAS who undertakes in good faith any act or omission pursuant to this Code section shall not be liable for any injuries or related damages that result from any such act or omission; provided, however, that this TUESDAY, MARCH 31, 2015 2733 immunity does not apply to acts or omissions constituting willful or wanton misconduct. This Code section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under Code Section 51-1-29. Use of an EPAS in accordance with this Code section is not the practice of medicine or any other profession that otherwise requires licensure." PART IV SECTION 4-1. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone Y Tate Y Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 511, having received the requisite constitutional majority, was passed by substitute. 2734 JOURNAL OF THE SENATE Senator Thompson of the 14th was excused for business outside the Senate Chamber. HB 510. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rhett of the 33rd. The Senate Committee on Economic Development and Tourism offered the following substitute to HB 510: A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, is amended by adding a new Code section to read as follows: "50-34-19. (a) As used in this Code section, the term: (1) 'Fund' means the fund established pursuant to paragraph (1) of subsection (b) of this Code section. (2) 'Qualified expense' means the expenditure of moneys by a registered sports commission which are used to cover the initial costs of hosting a sporting event or payment of an up-front fee for the privilege of hosting a sporting event. (3) 'Registered sports commission' means a sports commission that has registered with the authority. (4) 'Sports commission' means an organization that shall have bona fide experience in sports marketing, or in attracting, or hosting sporting events and is designated with TUESDAY, MARCH 31, 2015 2735 managing the bid process to attract professional and amateur sporting events to a county, municipality, or consolidated government. (b)(1) There is established as a separate fund of the authority a fund to be known as the Georgia Sports Commission Fund. Funds for the Georgia Sports Commission Fund and for the administration of such fund shall be provided from any source allowable by law, including, without limitation, contributions to the fund from federal, state, local, or private sources, and any interest or earnings made from the investment of such funds; provided, however, that the fund shall not receive any part of the proceeds paid to the state pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246, Fulton County Superior Court, December 19, 1998). (2) The authority shall maintain the fund separately from any other funds of the authority. All balances in the fund shall be deposited in interest-bearing accounts. (3)(A) The fund shall be managed by a committee consisting of five voting members appointed as follows: (i) Three members shall be appointed by the Governor, at least one of whom may be affiliated with the tourism industry; (ii) One member shall be appointed by the President of the Senate and may be a current or former athletic coach of a college or university within this state; and (iii) One member shall be appointed by the Speaker of the House of Representatives and may be a current or former athletic administrator of a public or private college or university within this state. (B) The commissioner of community affairs and the commissioner of economic development shall be nonvoting ex officio members of the committee. (4) One or more sports commissions may register with the authority and become a registered sports commission by certifying to the authority, in a manner to be determined by the authority, that such sports commission has available a minimum of $10,000.00 in cash on hand or readily convertible assets for the payment of qualified expenses. (5) Upon application to the committee, a registered sports commission or a local government on behalf of a registered sports commission whose activities are deemed of value to the purposes of the authority may receive from the fund one or more grants for the purpose of defraying qualified expenses related to those activities; provided, however, that no funds derived from such grant or grants shall count toward the minimum cash on hand or readily convertible assets required under paragraph (4) of this subsection; and provided, further, that the registered sports commission shall demonstrate to the satisfaction of the committee that the amount of the grant shall be recouped through tax collections as a result of the event. (6) The authority shall prepare, by September 30 of each year, an accounting of the moneys received and expended from the fund for the most recently completed fiscal year. The report shall be made available electronically to the members of the General Assembly and shall be public record." 2736 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan Y Fort Y Ginn Gooch N Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James N Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone Y Tate E Thompson, B E Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M C Williams, T On the passage of the bill, the yeas were 42, nays 7. HB 510, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to a conference committee outside the Senate Chamber, I missed the vote on HB 510. /s/ Steve Gooch District 51 TUESDAY, MARCH 31, 2015 2737 The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th: A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. 2738 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 885. By Representatives Burns of the 159th, Hitchens of the 161st, Stephens of the 164th and Parrish of the 158th: A RESOLUTION requesting the State of Georgia, the Georgia Department of Transportation, and electric utility companies in Georgia to consider allowing use of their existing rights of way for pipeline expansion; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; 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 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. At 6:22 p.m. the President announced that the Senate would stand in recess until 7:15 p.m. At 7:15 the President called the Senate to order. Senator Seay of the 34th asked unanimous consent that Senator Davenport of the 44th be excused. The consent was granted, and Senator Davenport was excused. TUESDAY, MARCH 31, 2015 2739 The Calendar was resumed. HB 385. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community Health; 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 Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane E Davenport Y Dugan Fort Y Ginn C Gooch Y Harbin 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 E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone Tate E Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 44, nays 0. HB 385, having received the requisite constitutional majority, was passed. 2740 JOURNAL OF THE SENATE HB 386. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th: 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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; 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 Beach Y Bethel Y Black Y Burke Y Butler Cowsert Y Crane E Davenport Y Dugan Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 46, nays 0. HB 386, having received the requisite constitutional majority, was passed. HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter TUESDAY, MARCH 31, 2015 2741 schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Committee on Education and Youth offered the following substitute to HB 372: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Utopian Academy for the Arts Act." SECTION 2. Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, is amended by adding a new subsection to read as follows: "(i) No municipality, county, or other local political subdivision of this state may require the nonprofit corporation that holds the charter for a charter school that has passed the Department of Education facility inspection and holds a valid certificate of occupancy to obtain any other licensure to operate the school, including, but not limited to, a business license, professional license, or occupational tax certificate; provided, however, that any for profit vendor of the charter school shall be subject to any applicable local requirements relating to doing business in this state. Charter schools shall be subject to all applicable zoning, planning, and building permitting requirements when constructing or renovating a facility." 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. 2742 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 Beach Y Bethel Y Black Y Burke N Butler Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn C Gooch Y Harbin Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis N Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone N Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 44, nays 8. HB 372, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senator Thompson of the 14th asked unanimous consent that the Senate insist on its substitute to HB 202. TUESDAY, MARCH 31, 2015 2743 The consent was granted, and the Senate insisted on its substitute to HB 202. The following bill was taken up to consider House action thereto: SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from a previous primary or election has certain outstanding late fees, fines, or penalties under the Ethics in Government Act; to provide for exceptions; to require notice of write-in candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to eliminate references to municipal registrars; to revise certain terminology; to revise certain forms of proof of citizenship; to provide for the dissemination of certain voter registration information; to provide for the updating of municipal maps to the board of registrars; to provide for the transfer of voter registration to another county in certain circumstances; to provide for the provision of absentee ballots without additional request in certain circumstances; to revise the information required on absentee ballot envelopes; to revise the reporting requirements for a pilot project for electronic handling of absentee ballots; to clarify assistance in voting procedures; to regulate certain activities within and within close proximity to polling places; to clarify the procedures for use of provisional ballots; to provide definitions; to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for an exception from contribution limitations for contributions or expenditures made by a party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2744 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, is amended in Code Section 21-2-8, relating to eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, illegally holding any public funds, and effect of disqualification of superintendent, by designating the existing text as subsection (a) and adding a new subsection to read as follows: "(b) No person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from any previous primary or election has outstanding late fees, fines, or penalties pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34; provided, however, that, if such person or person's campaign committee has a pending request for a waiver under Code Section 21-5-7.2 or if such waiver or any late fee, fine, or penalty has been appealed and such appeal is pending, such person shall be permitted to qualify." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows: "(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election. In the event that such intention of candidacy is filed and published by a person or group of persons other than the candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for such filing and publication." TUESDAY, MARCH 31, 2015 2745 SECTION 3. Said title is further amended by revising subsection (c) of Code Section 21-2-212, relating to county registrars; appointment, certification, term of service, vacancies, compensation, and expenses of chief registrar, registrars, and other officers and employees; and budget estimates, as follows: "(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars Reserved." SECTION 4. Said title is further amended by revising Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows: "21-2-214. (a) Members of the board of registrars shall be electors of the this state and the county in which they serve, and any deputy registrars shall be electors of the this state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment. (b) The office of a member of a county or municipal board of registrars, a deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have 2746 JOURNAL OF THE SENATE such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in this Code section shall cause the office of a member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint countymunicipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state: 'I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace. (f) The registrars shall conduct their duties in public, and all hearings on the qualifications of electors shall be conducted in public." SECTION 5. Said title is further amended by revising paragraph (2) of subsection (g) of Code Section 21-2-216, relating to qualifications of electors generally, reregistration of electors purged from list, eligibility of nonresidents who vote in presidential elections, retention of qualification for standing as elector, evidence of citizenship, and check of convicted felons and deceased persons databases, as follows: "(2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification TUESDAY, MARCH 31, 2015 2747 card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The A legible photocopy of the applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number card that verifies citizenship to the satisfaction of the board of registrars; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board." SECTION 6. Said title is further amended by revising subsection (e) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, as follows: "(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar municipality shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars 2748 JOURNAL OF THE SENATE shall provide a list of inactive electors for the municipality. The municipal registrar municipality shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election." SECTION 7. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, limitations on registration data available for public inspection, and data made available by Secretary of State, as follows: "(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the month and day of birth, the social security numbers, e-mail addresses, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, to agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection." SECTION 8. Said title is further amended by revising subsection (c) of Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, as follows: "(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended any subsequent changes to such boundaries. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar municipality a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar municipality shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies." TUESDAY, MARCH 31, 2015 2749 SECTION 9. Said title is further amended by revising subsection (d) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows: "(d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration precinct card pursuant to Code Section 21-2-226." SECTION 10. Said title is further amended by revising subsection (d) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities, as follows: "(d) If the elector returns the card and shows that he or she has changed residence to a place outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is currently registered, the elector's name shall be removed from the appropriate list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located, and the registrars of the county of the new address shall update the voter registration list to reflect the change of address." SECTION 11. Said title is further amended by revising Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, as follows: "21-2-380.1. The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article." 2750 JOURNAL OF THE SENATE SECTION 12. Said title is further amended by revising subparagraph (a)(1)(G) of Code Section 21-2381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, as follows: "(G) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board or any elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application a ballot for a presidential preference primary held pursuant to Article 5 of this chapter and for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." SECTION 13. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows: "(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia, for voting purposes; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. ____________________ Elector's Residence Address for Voting Purposes TUESDAY, MARCH 31, 2015 2751 ____________________ Month and Day Year of Elector's Birth ________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________, _________. ________________________ Signature of Person Assisting Elector Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony." SECTION 14. Said title is further amended by revising subsections (e) and (f) of Code Section 21-2387, relating to pilot program for electronic handling of absentee ballots, requirements for pilot program, reporting, and termination of pilot program, as follows: "(e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the primary or general election cycle in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future primaries and elections. (f) The pilot program shall be used in the first primary or general election cycle following: (1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be 2752 JOURNAL OF THE SENATE accepted from registered political parties or political bodies for this purpose; and (2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such primary or general election." SECTION 15. Said title is further amended by revising subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, as follows: "(b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except such elector's employer or agent of that employer or officer or agent of such elector's union to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select: (A) Any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (B) The mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider of the elector entitled to receive assistance to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist, under this paragraph, more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate shall offer assistance during that particular election under the provisions of this Code section paragraph to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law." SECTION 16. Said title is further amended by revising subsections (a) and (c) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows: "(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall TUESDAY, MARCH 31, 2015 2753 any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters, nor shall any person establish or set up any voter information or assistance tables, booths, or stations on any day in which ballots are being cast: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors." "(c) Reserved Except for credentialed poll watchers, poll workers, and law enforcement officers, poll officers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters." SECTION 17. Said title is further amended by revising subsection (a) of Code Section 21-2-418, relating to provisional ballots, as follows: "(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election believing stating a good faith belief that he or she has timely registered to vote in that county for such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast a provisional ballot in his or her county of residence in this state as provided in this Code section." SECTION 18. Said title is further amended by revising subsection (c) of Code Section 21-2-500, relating to delivery of voting materials, presentation to grand jury in certain cases, preservation and destruction, and destruction of unused ballots, as follows: "(c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be 2754 JOURNAL OF THE SENATE immediately returned by the superintendent to the county or municipal registrar as appropriate." SECTION 19. Said title is further amended in Code Section 21-5-3, relating to definitions, by revising paragraph (12) and adding new paragraphs (5.1), (10.1), and (12.1) to read as follows: "(5.1) 'Communication' means: (A) A paid advertisement broadcast over radio, television, cable, or satellite; (B) A paid placement of content on the Internet or other electronic communication networks; (C) A paid advertisement published in a periodical or on a billboard; (D) Paid telephone communications that are directed to 100 or more households; (E) Mailings that are sent or distributed to 100 or more households; or (F) Printed materials that exceed 1,000 copies." "(10.1) 'Election targeted issue advocacy' means any communication other than express election advocacy made within 180 days of an election that: (A) Refers to one or more clearly identified candidates in such election; (B) Depicts the name, image, likeness, or voice of one or more clearly identified candidates in such election; (C) Refers to a political party or body having candidates on the ballot at such election; or (D) Refers to a constitutional amendment, referendum, or other question being submitted to the voters in such election." "(12) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and on behalf of a candidate. The term shall include the purchase of or payment for communications for express election advocacy and election targeted issue advocacy. (12.1) 'Express election advocacy' means any communication made at any time that: (A) Contains express words, such as 'vote,' 'oppose,' 'support,' 'elect,' 'defeat,' or 'reject,' which call for the nomination, election, or defeat of one or more clearly identified candidates, the election or defeat of one or more political parties or bodies, or the passage or defeat of one or more constitutional amendments, referenda, or other questions submitted to the voters in any election; or (B) Otherwise refers to or depicts one or more clearly identified candidates, political parties or bodies, or constitutional amendments, referenda, or other TUESDAY, MARCH 31, 2015 2755 questions submitted to the voters in a manner that is susceptible to no reasonable interpretation other than as a call for the nomination, election, or defeat of such candidates in an election, the election or defeat of such political parties or bodies, or the passage or defeat of constitutional amendments, referenda, or other questions submitted to the voters in any election." SECTION 20. Said title is further amended by adding a new Code section to read as follows: "21-5-7.2. (a) Upon written request of a candidate or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of campaign disclosure reports and personal financial disclosure reports. Such request or response shall be filed not later than December 31, 2015. (b) For candidates who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver under this Code section, and, if granted, the commission may refund such late fees, fines, and civil penalties to the candidate and shall expunge all of the alleged violations which were the basis of such late fees, fines, or civil penalties from the candidate's records. Such request shall be filed not later than December 31, 2015. (c) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that all candidates for a public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but were unable to do so as a result of the problems with the commission's computer system during such time period. Such rebuttable presumption may be overcome by proof that such candidate knowingly and willfully refused to file the required report during such period. (d) The commission shall approve or deny each request for waiver within 12 months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the Office of State Administrative Hearings. (e) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section discovers evidence that the person to whom such waiver was granted was guilty of knowingly and willfully refusing to file the report or reports for which such waiver was granted, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such 2756 JOURNAL OF THE SENATE further actions as the commission is authorized to do as if such waiver had never been granted." SECTION 21. Said title is further amended in Code Section 21-5-41, relating to maximum allowable contributions, by revising subsection (j) as follows: "(j) The contribution limitations provided for in this Code section shall not include contributions or expenditures made by a political party or party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates." SECTION 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 23. 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 127. The consent was granted, and the Senate disagreed to the House substitute to SB 127. The Calendar was resumed. HB 512. By Representatives Jasperse of the 11th and Dempsey of the 13th: 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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; 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 Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey TUESDAY, MARCH 31, 2015 2757 Y Black Y Burke Y Butler Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Millar Y Miller Y Mullis Y Rhett Y Seay C Shafer Y Sims Y Stone Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 512, having received the requisite constitutional majority, was passed. HB 312. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st: A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, so as to remove certain bonding requirements pertaining to manufacturers and importers of tobacco products; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Hill, Jack Y Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 2758 JOURNAL OF THE SENATE Y Black Y Burke Y Butler Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay C Shafer Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M C Williams, T On the passage of the bill, the yeas were 50, nays 0. HB 312, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 312. Had I been present, I would have voted Yes. /s/ Bruce Thompson District 14 HB 319. By Representatives Nimmer of the 178th, Dickey of the 140th and Coomer of the 14th: 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 Miller of the 49th. TUESDAY, MARCH 31, 2015 2759 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn C Gooch N Harbin Y Harbison Y Harper N Heath Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay C Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 5. HB 319, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the 2760 JOURNAL OF THE SENATE same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others: A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 197. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform ForeignCountry Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 17-14-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The Senate Committee on Judiciary offered the following substitute to HB 197: A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to establish qualified self-settled spendthrift trusts; to provide for definitions; to provide for exceptions for spendthrift provisions of trusts which are not within TUESDAY, MARCH 31, 2015 2761 qualified self-settled spendthrift trusts; to provide for claims by creditors for such trusts; to provide for the creation of such trusts; to provide for transfers to such trusts; to provide for vacancies of trustees; to provide for standards for such trusts to be considered nonrevocable; to provide for beneficiary rights to withdrawal; to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to rights of third parties to secured transactions, so as to exclude qualified self-settled spendthrift trusts from restrictions on assignment; 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 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by revising Code Section 53-12-80, relating to spendthrift provisions, as follows: "53-12-80. Except as otherwise provided for in Article 5A of this chapter: (a)(1) A spendthrift provision shall only be valid if it prohibits both voluntary and involuntary transfers.; (b)(2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, shall be sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest in the manner set forth in this article.; (c)(3) A beneficiary shall not transfer an interest in a trust in violation of a valid spendthrift provision, and, except as otherwise provided in this Code section, a creditor or assignee of the beneficiary shall not reach the interest or a distribution by the trustee before its receipt by the beneficiary.; (d)(4) A spendthrift provision shall not be valid as to the following claims against a beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under Article 2 of Chapter 4 of Title 18 if the distribution were disposable earnings: (1)(A) Alimony or child support; (2)(B) Taxes or other governmental claims; (3)(C) Tort judgments; (4)(D) Judgments or orders for restitution as a result of a criminal conviction of the beneficiary; or (5)(E) Judgments for necessaries. The ability of a creditor or assignee to reach a beneficiary's interest under this subsection paragraph shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C).; (e)(5) A provision in a trust instrument that a beneficiary's interest shall terminate or become discretionary upon an attempt by the beneficiary to transfer it, an attempt by 2762 JOURNAL OF THE SENATE the beneficiary's creditors to reach it, or upon the bankruptcy or receivership of the beneficiary shall be valid except to the extent of the proportion of trust property attributable to such beneficiary's contribution.; (f)(6) If a beneficiary is also a contributor to the trust, a spendthrift provision shall not be valid as to such beneficiary to the extent of the proportion of trust property attributable to such beneficiary's contribution. This subsection paragraph shall not apply to a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C).; and (g)(7) Notwithstanding any other provision in this Code section, a spendthrift provision in a pension or retirement arrangement described in sections 401, 403, 404, 408, 408A, 409, 414, or 457 of the federal Internal Revenue Code of 1986 shall be valid with reference to the entire interest of the beneficiary in the income, principal, or both, even if the beneficiary is also a contributor of trust property, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p)." SECTION 2. Said chapter is further amended by revising Code Section 53-12-82, relating to creditors' claims against a settlor, as follows: "53-12-82. Whether or not the trust instrument contains a spendthrift provision, the following rules shall apply: (1) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors; (2) With respect to an irrevocable trust, except to the extent as provided in Article 5A of this chapter, creditors or assignees of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit during the settlor's life or that could have been distributed to or for the settlor's benefit immediately prior to the settlor's death. If a trust has more than one settlor, the amount the creditors or assignees of a particular settlor may reach shall not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution; and (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities shall be paid, the property of a trust that was revocable at the settlor's death or had become irrevocable as a result of the settlor's incapacity shall be subject to claims of the settlor's creditors to the extent the probate estate is inadequate. Payments that would not be subject to the claims of the settlor's creditors if made by way of beneficiary designation to persons other than the settlor's estate shall not be made subject to such claims by virtue of this Code section unless otherwise provided in the trust instrument." SECTION 3. Said chapter is further amended by adding a new article to read as follows: TUESDAY, MARCH 31, 2015 2763 "ARTICLE 5A 53-12-90. As used in this article, the term: (1) 'Independent qualified trustee' means a qualified trustee who is not, and whose actions are not, subject to direction by: (A) The settlor; (B) Any natural person who is not a resident of Georgia; (C) Any entity that is not authorized to engage in trust business within Georgia; (D) The spouse of the settlor; (E) A parent of the settlor; (F) Any lineal descendants of the settlor, including adopted children and stepchildren; (G) A sibling of the settlor; (H) An employer of the settlor; (I) A business entity in which the holdings of the settlor represent at least 30 percent of the total voting power of all interests entitled to vote; (J) A subordinate employee of the settlor; or (K) A subordinate employee of a business entity in which the settlor is an executive. (2) 'Qualified interest' means the interest of a settlor to the extent that such interest entitles the settlor to receive distributions of income or principal or both in the sole discretion of an independent qualified trustee. (3) 'Qualified self-settled spendthrift trust' means a trust that: (A) Is created or declared in writing; (B) Is signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization; (C) Is irrevocable; (D) Was created during the lifetime of a settlor; (E) Has, at all times when distributions could be made to the settlor pursuant to the qualified interest, at least one beneficiary other than the settlor to whom: (i) Income may be distributed, if the qualified interest relates to trust income; (ii) Principal may be distributed, if the qualified interest relates to trust principal; or (iii) Both income and principal may be distributed, if the qualified interest relates to both trust income and principal; (F) Has, at all times, at least one qualified trustee who may be, but need not be, an independent qualified trustee; (G) Is created with a trust instrument which expressly incorporates the law of this state in governing the validity, construction, and administration of the trust; and (H) Is created with a trust instrument that includes a spendthrift provision that restrains both voluntary and involuntary transfer of the qualified interest. (4) 'Qualified trustee' means any person who is a natural person residing within this 2764 JOURNAL OF THE SENATE state or a legal entity authorized to engage in trust business within this state and who maintains or arranges for custody within this state some or all of the property that has been transferred to the trust by the settlor, maintains records within this state for the trust on an exclusive or nonexclusive basis, prepares or arranges for the preparation within this state of fiduciary income tax returns for the trust, or otherwise materially participates within this state in the administration of the trust. 53-12-91. A settlor may transfer assets to a qualified self-settled spendthrift trust and retain in such trust a qualified interest, and, except as otherwise provided in this article, Code Section 53-12-80, and paragraph (2) of Code Section 53-12-82 shall not apply to such qualified interest. A settlor may have a qualified interest in a qualified self-settled spendthrift trust and also have an interest in the same trust that is not a qualified interest, and the rules of Code Sections 53-12-80 and 53-12-82 shall apply to each interest of the settlor in the same trust other than the qualified interest. 53-12-92. (a) A vacancy in the position of qualified trustee that occurs for any reason, whether or not there is another trustee then serving, shall be filled by a person eligible to serve as a qualified trustee and in the following order of priority: (1) One designated pursuant to the terms of the trust to act as successor trustee; (2) One appointed by the qualified beneficiaries by unanimous consent; and (3) One appointed by the court pursuant to Code Section 53-12-62. (b) A vacancy in the position of independent qualified trustee that occurs for any reason, whether or not there is another trustee then serving, shall be filled by a person eligible to serve as an independent qualified trustee and in the following priority: (1) One designated pursuant to the terms of the trust to act as successor trustee; (2) One appointed by the qualified beneficiaries by unanimous consent; and (3) One appointed by the court pursuant to Code Section 53-12-62. 53-12-93. No trust shall be considered revocable merely because the trust instrument includes one or more of the following rights, powers, or interests: (1) A power of appointment, exercisable by the settlor through a will or other written instrument effective only upon the death of a settlor, other than a power to appoint to the estate of a settlor or the creditors of the estate of a settlor; (2) The qualified interest in the trust; (3) The right of a settlor to receive income or principal pursuant to an ascertainable standard; (4) The potential or actual receipt of income by a settlor from a charitable remainder unitrust or charitable remainder annuity trust as defined by 26 U.S.C. Section 664(d) and the right of the settlor, at any time, and from time to time, to release, in writing delivered to the qualified trustee, all or any part of the retained interest of the settlor in TUESDAY, MARCH 31, 2015 2765 such trust; (5) Annual receipt by the settlor of a percentage, not to exceed 5 percent and specified in the trust instrument, of the initial value of the trust assets or the value of such assets determined from time to time pursuant to the trust instrument; (6) The right of the settlor to remove a trustee and appoint a new trustee; (7) The potential or actual use of real property by a settlor when such real property is held under a personal residence trust; (8)(A) As used in this paragraph, the term 'qualified interest' shall have the same meaning as defined by 26 U.S.C. Section 2702. (B) The potential or actual receipt of use by a settlor of a qualified interest; (9) The ability of a qualified trustee, whether pursuant to discretion or direction, to pay, upon the death of a settlor, all or any part of debts owed by the settlor at the time of death, the expenses of administering the estate of the settlor, or any estate inheritance tax imposed on or with respect to the estate of the settlor; and (10) The potential or actual receipt of income or principal by a settlor to pay, in whole or in part, income taxes due on trust income, or the direct payment of such taxes to the applicable tax authorities, pursuant to a provision in the trust instrument that expressly provides for the direct payment of such taxes or reimbursement of the settlor for such tax payments. 53-12-94. A beneficiary who has the right to withdraw his or her entire beneficial interest in a trust shall be treated as its settlor to the extent of such withdrawal right, when such right to withdraw has lapsed, been released, or otherwise expired. 53-12-95. A qualified self-settled spendthrift trust shall not be valid as to the following claims against a settlor's or other beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under Article 2 of Chapter 4 of Title 18 if the distribution were disposable earnings: (1) Alimony; or (2) Child support, including any judgment or order issued in another state." SECTION 4. Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to rights of third parties to secured transactions, is amended by revising subsection (d) of Code Section 11-9-406, relating to terms restricting assignments, as follows: "(d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9407, and 53-12-80 through 53-12-83, and Article 5A of Chapter 12 of Title 53 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note shall be ineffective to the extent that it: 2766 JOURNAL OF THE SENATE (1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note." SECTION 5. Said part is further amended by revising subsections (a) and (c) of Code Section 11-9408, relating to restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles, as follows: "(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section, or in Code Section 53-12-80, or in Article 5A of Chapter 12 of Title 53, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health care insurance receivable, or general intangible, shall be ineffective to the extent that the term: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." "(c) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Section 53-12-80 or in Article 5A of Chapter 12 of Title 53, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health care insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, shall be ineffective to the extent that the rule of law, statute, or regulation: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." TUESDAY, MARCH 31, 2015 2767 SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 197 (LC 29 6653ERS) by replacing "A settlor may" with "(a) A settlor may" on line 126. By inserting between lines 132 and 133 the following: (b) Within 30 days of transferring an asset to a qualified self-settled spendthrift trust, a settlor shall notify all of his or her known creditors of such transfer by certified mail or statutory overnight delivery. On the adoption of the amendment, there were no objections, and the Bethel 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 Beach N Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport N Dugan N Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper N Heath N Henson N 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent Y Ramsey Y Rhett N Seay Y Shafer Y Sims Y Stone N Tate Y Thompson, B N Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 2768 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 37, nays 17. HB 197, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 197. Had I been present, I would have voted No. /s/ David E. Lucas, Sr. District 26 The following bill was taken up to consider the Conference Committee Report thereto: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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. The Conference Committee Report was as follows: The Committee of Conference on HB 76 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 76 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Hill of the 4th /s/ Senator Shafer of the 48th /s/ Senator Cowsert of the 46th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative England of the 116th /s/ Representative Jones of the 47th /s/ Representative Powell of the 171st TUESDAY, MARCH 31, 2015 2769 CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 76 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year: HB 76 (FY 2016G) Governor House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS $21,782,964,314 $21,782,964,314 $21,782,964,314 $21,828,789,407 State General Funds $19,219,341,203 $19,219,341,203 $19,219,341,203 $19,265,166,296 State Motor Fuel Funds $1,003,353,791 $1,003,353,791 $1,003,353,791 $1,003,353,791 Lottery Proceeds $977,772,176 $977,772,176 $977,772,176 $977,772,176 Tobacco Settlement Funds $140,814,002 $140,814,002 $140,814,002 $140,814,002 Brain & Spinal Injury Trust Fund $1,458,567 $1,458,567 $1,458,567 $1,458,567 Nursing Home Provider Fees $167,969,114 $167,969,114 $167,969,114 $167,969,114 Hospital Provider Fee $272,255,461 $272,255,461 $272,255,461 $272,255,461 TOTAL FEDERAL FUNDS $13,323,773,015 $13,272,036,019 $13,296,475,131 $13,293,537,224 Federal Funds Not Itemized $3,805,520,687 $3,809,294,412 $3,809,241,499 $3,809,241,499 CCDF Mandatory & Matching Funds CFDA93.596 $101,640,586 $101,640,586 $101,640,586 $101,640,586 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,166,080 $1,166,080 $1,166,080 $1,166,080 Child Care & Development Block Grant CFDA93.575 $109,580,578 $109,580,578 $109,580,578 $109,580,578 FFIND Child Care and Development Block Grant CFDA93.575 $12,821,448 $12,821,448 $12,821,448 $12,821,448 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 $14,163,709 2770 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 $16,526,699 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,526,296,548 Foster Care Title IV-E CFDA93.658 $87,072,222 Low-Income Home Energy Assistance CFDA93.568 $55,866,874 Maternal & Child Health Services Block Grant CFDA93.994 $16,884,236 Medical Assistance Program CFDA93.778 $6,628,058,181 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,733,582 Preventive Health & Health Services Block Grant CFDA93.991 $2,403,579 Social Services Block Grant CFDA93.667 $52,778,456 FFIND Social Services Block Grant CFDA93.667 $40,481,142 State Children's Insurance Program CFDA93.767 $425,580,978 Temporary Assistance for Needy Families $356,232,501 Temporary Assistance for Needy Families Grant CFDA93.558 $348,677,998 TANF Transfers to Social Services Block Grant per 42 USC 604 $7,554,503 FFIND Temp. Assistance for Needy Families CFDA93.558 $22,964,929 TOTAL AGENCY FUNDS $5,796,465,155 Contributions, Donations, and Forfeitures $7,193,907 Contributions, Donations, and Forfeitures Not Itemized $7,193,907 Reserved Fund Balances $1,591,218 Reserved Fund Balances Not Itemized $1,591,218 Interest and Investment Income $4,402,800 Interest and Investment Income Not Itemized $4,402,800 Intergovernmental Transfers $2,443,121,867 Hospital Authorities $214,057,828 University System of Georgia Research Funds $2,012,046,274 Intergovernmental Transfers Not Itemized $217,017,765 Rebates, Refunds, and Reimbursements $263,611,746 Rebates, Refunds, and Reimbursements Not Itemized $263,611,746 Royalties and Rents $1,581,839 Royalties and Rents Not Itemized $1,581,839 Sales and Services $3,070,694,089 Record Center Storage Fees $592,381 Sales and Services Not Itemized $984,695,725 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,572,547,460 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,804,024,193 $7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,282,127 $592,381 $988,283,763 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,597,039,485 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,800,477,705 $7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,735,639 $592,381 $984,737,275 $16,526,699 $1,526,296,548 $87,072,222 $55,866,874 $16,884,236 $6,594,101,578 $47,733,582 $2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998 $7,554,503 $22,964,929 $5,804,012,280 $7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,270,214 $592,381 $988,271,850 TUESDAY, MARCH 31, 2015 2771 Tuition and Fees for Higher Education $2,085,405,983 $2,085,405,983 $2,085,405,983 $2,085,405,983 Sanctions, Fines, and Penalties $4,267,689 $4,267,689 $4,267,689 $4,267,689 Sanctions, Fines, and Penalties Not Itemized $4,267,689 $4,267,689 $4,267,689 $4,267,689 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,702,962,116 $3,804,479,379 $3,804,033,979 $3,805,544,615 State Funds Transfers $3,696,127,871 $3,797,952,871 $3,797,507,471 $3,799,018,107 State Fund Transfers Not Itemized $68,956,023 $68,956,023 $68,956,023 $68,956,023 Accounting System Assessments $18,799,892 $18,799,892 $18,354,492 $19,865,128 Agency to Agency Contracts $8,637,302 $8,637,302 $8,637,302 $8,637,302 Health Insurance Payments $3,118,097,699 $3,219,922,699 $3,219,922,699 $3,219,922,699 Liability Funds $33,927,991 $33,927,991 $33,927,991 $33,927,991 Merit System Assessments $9,808,379 $9,808,379 $9,808,379 $9,808,379 Optional Medicaid Services Payments $280,857,262 $280,857,262 $280,857,262 $280,857,262 Retirement Payments $55,273,576 $55,273,576 $55,273,576 $55,273,576 Unemployment Compensation Funds $12,666,404 $12,666,404 $12,666,404 $12,666,404 Workers Compensation Funds $89,103,343 $89,103,343 $89,103,343 $89,103,343 Agency Funds Transfers $1,851,372 $1,851,372 $1,851,372 $1,851,372 Agency Fund Transfers Not Itemized $1,851,372 $1,851,372 $1,851,372 $1,851,372 Federal Funds Transfers $2,569,120 $2,261,383 $2,261,383 $2,261,383 Federal Fund Transfers Not Itemized $2,217,962 $1,910,225 $1,910,225 $1,910,225 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 $351,158 Federal Funds Indirect $2,413,753 $2,413,753 $2,413,753 $2,413,753 FFIND Community Services Block Grant CFDA93.569 $2,223,236 $2,223,236 $2,223,236 $2,223,236 FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 $190,517 $190,517 $190,517 TOTAL PUBLIC FUNDS $40,903,202,484 $40,859,024,526 $40,879,917,150 $40,926,338,911 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 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 $946,219,694 $912,521,698 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 $992,044,787 $958,346,791 ($2,403,743) $29,824,124 ($1,647,828) ($325,497) $212,713 2772 JOURNAL OF THE SENATE Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Retirement Payments Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,038,227 $8,038,227 $8,038,227 $8,038,227 $471,433,833 $419,696,837 $444,135,949 $441,198,042 $351,816 $4,125,541 $4,072,628 $4,072,628 $9,160,870 $9,160,870 $9,160,870 $9,160,870 $368,954,854 $313,444,133 $337,936,158 $334,998,251 $92,966,293 $92,966,293 $92,966,293 $92,966,293 ($5,346,179) $2,212,859 ($1,333,629) $2,200,946 $0 $3,971,000 $3,971,000 $3,971,000 $0 $3,971,000 $3,971,000 $3,971,000 ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839) $414,660 $4,002,698 $456,210 $3,990,785 $414,660 $4,002,698 $456,210 $3,990,785 ($51,007,652) $50,509,611 $50,064,211 $51,574,847 ($51,779,452) $50,045,548 $49,600,148 $51,110,784 $1,657,523 $1,657,523 $1,212,123 $2,722,759 $245,355 $245,355 $245,355 $245,355 ($54,875,527) $46,949,473 $46,949,473 $46,949,473 $1,193,197 $1,193,197 $1,193,197 $1,193,197 $771,800 $771,800 $771,800 $771,800 $771,800 $771,800 $771,800 $771,800 $0 ($307,737) ($307,737) ($307,737) $0 ($307,737) ($307,737) ($307,737) $1,361,299,696 $1,418,639,001 $1,439,086,225 $1,487,018,622 Section Total - Continuation $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 TUESDAY, MARCH 31, 2015 2773 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129 $10,770,129 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,592 $14,592 1.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,197 $8,197 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 $1,256,003 Appropriation (HB 76) $1,278,792 $1,278,792 $1,278,792 $1,278,792 $1,278,792 $1,278,792 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,879 $14,879 2774 JOURNAL OF THE SENATE 2.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,781 $7,781 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 $1,147,666 Appropriation (HB 76) $1,170,326 $1,170,326 $1,170,326 $1,170,326 $1,170,326 $1,170,326 Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $60,988 $60,988 3.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $52,457 $52,457 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 $7,115,031 Appropriation (HB 76) $7,228,476 $7,228,476 $7,228,476 $7,228,476 $7,228,476 $7,228,476 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 $1,067,135 TUESDAY, MARCH 31, 2015 2775 4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,686 $15,686 4.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,714 $9,714 4.100 -Senate Budget and Evaluation Office Appropriation (HB 76) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,067,135 $1,067,135 $1,092,535 $1,092,535 State General Funds $1,067,135 $1,067,135 $1,092,535 $1,092,535 TOTAL PUBLIC FUNDS $1,067,135 $1,067,135 $1,092,535 $1,092,535 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,705,323 $18,967,403 $18,705,323 $18,967,403 $18,705,323 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 5.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $134,167 $134,167 $134,167 2776 JOURNAL OF THE SENATE 5.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $127,913 $127,913 $127,913 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,705,323 $18,705,323 $18,705,323 $18,967,403 $18,967,403 $18,967,403 Appropriation (HB 76) $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,043,865 $10,536,381 $10,043,865 $10,536,381 $10,043,865 $10,536,381 $10,536,381 $10,536,381 $10,536,381 $10,542,093 $10,542,093 $10,542,093 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 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 $5,734,042 6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,910 $24,910 $24,910 6.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,340 $16,340 $16,340 TUESDAY, MARCH 31, 2015 2777 6.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,754 $1,754 $1,754 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $5,734,042 $5,777,046 State General Funds $5,734,042 $5,777,046 TOTAL PUBLIC FUNDS $5,734,042 $5,777,046 Appropriation (HB 76) $5,777,046 $5,777,046 $5,777,046 $5,777,046 $5,777,046 $5,777,046 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 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 $1,273,514 7.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,545 $11,545 $11,545 7.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,470 $7,470 $7,470 7.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,475 $9,475 $15,187 7.100-Legislative Fiscal Office Appropriation (HB 76) 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 $1,273,514 $1,302,004 $1,302,004 $1,307,716 State General Funds $1,273,514 $1,302,004 $1,302,004 $1,307,716 TOTAL PUBLIC FUNDS $1,273,514 $1,302,004 $1,302,004 $1,307,716 2778 JOURNAL OF THE SENATE Office of Legislative Counsel Continuation Budget The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 $3,036,309 8.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $56,142 $56,142 $56,142 8.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $364,880 $364,880 $364,880 8.100 -Office of Legislative Counsel Appropriation (HB 76) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,036,309 $3,457,331 $3,457,331 $3,457,331 State General Funds $3,036,309 $3,457,331 $3,457,331 $3,457,331 TOTAL PUBLIC FUNDS $3,036,309 $3,457,331 $3,457,331 $3,457,331 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 $33,450,200 $33,450,200 $33,450,200 $33,450,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $640,000 $34,090,200 $34,090,200 $34,090,200 $33,450,200 $33,450,200 $640,000 $640,000 $640,000 $34,090,200 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Final $34,821,828 $34,990,432 $34,821,828 $34,990,432 $640,000 $640,000 $640,000 $640,000 $34,990,432 $34,990,432 $640,000 $640,000 $34,993,596 $34,993,596 $640,000 $640,000 TUESDAY, MARCH 31, 2015 2779 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $640,000 $35,461,828 $640,000 $35,630,432 $640,000 $35,630,432 $640,000 $35,633,596 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 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 $29,241,479 $29,241,479 $640,000 $640,000 $640,000 $29,881,479 9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $449,197 $400,172 $400,172 $400,172 9.2 Increase funds for personnel and operations for local education audits. State General Funds $850,000 $850,000 $850,000 $850,000 9.3 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel. State General Funds ($731,579) ($731,579) ($731,579) ($731,579) 9.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $156,250 $156,250 $156,250 2780 JOURNAL OF THE SENATE 9.5 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,644) ($5,644) ($5,644) 9.6 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,023 $7,023 $10,187 9.100 -Audit and Assurance Services Appropriation (HB 76) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $29,809,097 $29,917,701 $29,917,701 $29,920,865 State General Funds $29,809,097 $29,917,701 $29,917,701 $29,920,865 TOTAL AGENCY FUNDS $640,000 $640,000 $640,000 $640,000 Intergovernmental Transfers $640,000 $640,000 $640,000 $640,000 Intergovernmental Transfers Not Itemized $640,000 $640,000 $640,000 $640,000 TOTAL PUBLIC FUNDS $30,449,097 $30,557,701 $30,557,701 $30,560,865 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 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 $1,742,089 10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $34,310 $34,310 $34,310 $34,310 TUESDAY, MARCH 31, 2015 2781 10.2 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel. State General Funds $578,910 $578,910 $578,910 $578,910 10.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $25,000 $25,000 $25,000 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $2,355,309 $2,380,309 State General Funds $2,355,309 $2,380,309 TOTAL PUBLIC FUNDS $2,355,309 $2,380,309 Appropriation (HB 76) $2,380,309 $2,380,309 $2,380,309 $2,380,309 $2,380,309 $2,380,309 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 76) 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 $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. 2782 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 $251,872 12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $688 $688 $688 $251,872 $251,872 $251,872 $688 12.100 -Legislative Services Appropriation (HB 76) 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 $252,560 $252,560 $252,560 $252,560 State General Funds $252,560 $252,560 $252,560 $252,560 TOTAL PUBLIC FUNDS $252,560 $252,560 $252,560 $252,560 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 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 $2,194,760 13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $37,433 $37,433 $37,433 $37,433 13.2 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest program for personnel. State General Funds $152,669 $152,669 $152,669 $152,669 TUESDAY, MARCH 31, 2015 2783 13.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,000 $35,000 $35,000 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 76) 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 $2,384,862 $2,419,862 $2,419,862 $2,419,862 State General Funds $2,384,862 $2,419,862 $2,419,862 $2,419,862 TOTAL PUBLIC FUNDS $2,384,862 $2,419,862 $2,419,862 $2,419,862 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $15,035,519 $15,035,519 $15,035,519 $15,035,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $15,185,519 $15,185,519 $15,185,519 Section Total - Final $16,207,650 $16,015,713 $16,207,650 $16,015,713 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $16,357,650 $16,165,713 $15,669,798 $15,669,798 $150,000 $150,000 $150,000 $15,819,798 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $17,314,958 $17,314,958 $150,000 $150,000 $150,000 $17,464,958 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. 2784 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 $15,035,519 $15,035,519 $150,000 $150,000 $150,000 $15,185,519 14.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $175,809 $163,744 $163,744 $163,744 14.2 Increase funds for personnel for a $10,000 salary enhancement to Appellate Court Judges' salaries. (H:Increase funds for personnel for a $12,000 salary enhancement to Appellate Court Judges' salaries)(S:Increase funds for personnel for a 4% salary enhancement to Appellate Court Judges' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary enhancement to Appellate Court Judges' salaries ($96,186) and per diem for Judges residing more than 50 miles from the Judicial Building ($43,250)) State General Funds $231,383 $277,659 $121,162 $139,436 14.3 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request. State General Funds $347,074 $0 $0 $0 14.4 Increase funds for personnel to restore funds for one vacant full-time central staff attorney position. State General Funds $154,821 $154,821 $154,821 $154,821 14.5 Increase funds for personnel to restore funds for one vacant full-time fiscal office position. State General Funds $69,418 $69,418 $0 $69,418 14.6 Increase funds for information technology to provide for increased costs of software maintenance for the docket system. State General Funds $6,750 $6,750 $6,750 $6,750 14.7 Increase funds for trial court records maintenance. State General Funds $20,000 $20,000 $20,000 $20,000 TUESDAY, MARCH 31, 2015 2785 14.8 Increase funds for information technology for network maintenance costs due to the Supreme Court leaving the shared network. State General Funds $36,876 $36,876 $36,876 $36,876 14.9 Increase funds for six hours of continued legal education training for staff attorneys. State General Funds $10,000 $10,000 $10,000 $10,000 14.10 Increase funds for one-time funding to convert microfilm court records to a searchable PDF format. State General Funds $120,000 $120,000 $0 $60,000 14.11 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,312 $101,312 $101,312 14.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $12,272 $12,272 $12,272 14.13 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,342 $7,342 $8,699 14.14 Pursuant to HB279 (2015 Session), provide funding for three new Court of Appeals judgeships and associated staff effective January 1, 2016. State General Funds $1,496,111 14.100 -Court of Appeals Appropriation (HB 76) 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 $16,207,650 $16,015,713 $15,669,798 $17,314,958 State General Funds $16,207,650 $16,015,713 $15,669,798 $17,314,958 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 2786 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $16,357,650 $150,000 $16,165,713 $150,000 $15,819,798 $150,000 $17,464,958 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $13,461,113 $13,461,113 $13,461,113 $13,461,113 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $17,159,046 $17,159,046 $17,159,046 $13,461,113 $13,461,113 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,159,046 TOTAL 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 $15,550,528 $15,588,693 $15,550,528 $15,588,693 $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 $19,248,461 $19,286,626 $15,380,043 $15,380,043 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,077,976 $15,411,761 $15,411,761 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,109,694 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 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 $438,057 TUESDAY, MARCH 31, 2015 2787 15.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,317 $6,126 $6,126 15.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,136 $2,136 $2,136 15.100 -Accountability Courts Appropriation (HB 76) 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 $438,057 $454,510 $446,319 $446,319 State General Funds $438,057 $454,510 $446,319 $446,319 TOTAL PUBLIC FUNDS $438,057 $454,510 $446,319 $446,319 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 76) 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. 2788 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 $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 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 17.1 Increase funds for operations to provide technology equipment for staff, replace aged technology equipment, and meet day-today operating needs for services provided to multiple classes of court. State General Funds $21,230 $21,230 $0 $0 17.2 Increase funds for personnel for one curricula specialist to assist the Institute of Continuing Judicial Education with professional development of judges and court staff. State General Funds $49,990 $0 $0 $0 17.3 Increase funds for one-time funding for the statewide cross-jurisdictional conference. State General Funds $51,800 $0 $0 $0 17.100 -Institute of Continuing Judicial Education Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 2789 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $594,809 $594,809 $703,203 $703,203 $703,203 $1,298,012 $493,019 $493,019 $703,203 $703,203 $703,203 $1,196,222 $471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992 $471,789 $471,789 $703,203 $703,203 $703,203 $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 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 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 $11,223,561 $11,223,561 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $14,045,401 18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court Judges. State General Funds $975,040 $809,110 $809,110 $809,110 18.2 Increase funds to continue the Cold Case Project, in conjunction with other agencies serving children in state custody, which will seek to identify children most likely to age out of foster care without a family. State General Funds $175,000 $175,000 $210,000 $100,000 2790 JOURNAL OF THE SENATE 18.3 Increase funds for information technology to support web hosting for the Access to Courts Filing Wizard. State General Funds $10,000 $10,000 $0 $10,000 18.4 Increase funds for personnel for one executive director position and associated operating expenses for the Council of Probate Court Judges. State General Funds $113,642 $0 $0 $0 18.5 Increase funds for grants for civil legal services to victims of domestic violence. State General Funds $386,251 $386,251 $193,126 $193,126 18.6 Increase funds for the Council of Municipal Court Judges for continued strategic business and information technology planning, publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions. (H:Increase funds for the Council of Municipal Court Judges for publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions) State General Funds $21,795 $11,795 $0 $0 18.7 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register and regulate misdemeanor probation providers. State General Funds $277,167 $277,167 $277,167 $277,167 18.8 Increase funds to improve and expand training for members of the Georgia Council of Court Administrators. State General Funds $7,500 $7,500 $0 $7,500 18.9 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $318,853 $329,738 $329,738 18.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $43,218 $43,218 $43,218 TUESDAY, MARCH 31, 2015 2791 18.11 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $43,951 $43,951 $43,951 18.12 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,641 $1,641 $5,859 18.13 Increase funds for the Statewide E-filing portal implementation. State General Funds $120,000 18.100 -Judicial Council Appropriation (HB 76) 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 $13,189,956 $13,308,047 $13,131,512 $13,163,230 State General Funds $13,189,956 $13,308,047 $13,131,512 $13,163,230 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 $16,011,796 $16,129,887 $15,953,352 $15,985,070 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. 2792 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 $527,706 19.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,709 $2,015 $2,015 19.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $702 $702 $702 19.100-Judicial Qualifications Commission Appropriation (HB 76) 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 $527,706 $533,117 $530,423 $530,423 State General Funds $527,706 $533,117 $530,423 $530,423 TOTAL PUBLIC FUNDS $527,706 $533,117 $530,423 $530,423 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 76) 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 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 TUESDAY, MARCH 31, 2015 2793 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,029,264 $7,029,264 $7,029,264 $7,029,264 $7,029,264 $7,029,264 $447,456 $447,456 $447,456 $447,456 $447,456 $447,456 $7,476,720 $7,476,720 $7,476,720 Section Total - Final $7,596,573 $7,606,988 $7,596,573 $7,606,988 $447,456 $447,456 $447,456 $447,456 $8,044,029 $8,054,444 $7,606,988 $7,606,988 $447,456 $447,456 $8,054,444 $7,029,264 $7,029,264 $447,456 $447,456 $7,476,720 $7,606,988 $7,606,988 $447,456 $447,456 $8,054,444 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 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 $1,493,806 $1,493,806 $447,456 $447,456 $1,941,262 21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $49,434 $49,434 $49,434 $49,434 21.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,415 $10,415 $10,415 21.100 -Council of Juvenile Court Judges Appropriation (HB 76) 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. 2794 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,543,240 $1,543,240 $447,456 $447,456 $1,990,696 $1,553,655 $1,553,655 $447,456 $447,456 $2,001,111 $1,553,655 $1,553,655 $447,456 $447,456 $2,001,111 $1,553,655 $1,553,655 $447,456 $447,456 $2,001,111 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 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 $5,535,458 22.1 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System. State General Funds $496,625 $496,625 $496,625 $496,625 22.2 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015. State General Funds $21,250 $21,250 $21,250 $21,250 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 76) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $6,053,333 $6,053,333 $6,053,333 $6,053,333 State General Funds $6,053,333 $6,053,333 $6,053,333 $6,053,333 TOTAL PUBLIC FUNDS $6,053,333 $6,053,333 $6,053,333 $6,053,333 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 $67,200,857 $67,200,857 $67,200,857 $67,200,857 $67,200,857 $67,200,857 $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 $69,002,984 $69,002,984 $69,002,984 $67,200,857 $67,200,857 $1,802,127 $1,802,127 $1,802,127 $69,002,984 TUESDAY, MARCH 31, 2015 2795 TOTAL STATE FUNDS State General Funds 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 - Final $72,044,659 $70,026,029 $72,044,659 $70,026,029 $2,047,482 $2,047,482 $245,355 $245,355 $245,355 $245,355 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $74,092,141 $72,073,511 $70,660,663 $70,660,663 $2,047,482 $245,355 $245,355 $1,802,127 $1,802,127 $72,708,145 $71,295,494 $71,295,494 $2,047,482 $245,355 $245,355 $1,802,127 $1,802,127 $73,342,976 Council of Superior Court Clerks Continuation Budget The purpose of this appropriation is to assist superior court clerks throughout the state in the execution of their duties and to promote and assist in the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 $185,580 23.100 -Council of Superior Court Clerks Appropriation (HB 76) 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 $185,580 $185,580 $185,580 $185,580 State General Funds $185,580 $185,580 $185,580 $185,580 TOTAL PUBLIC FUNDS $185,580 $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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $60,672,663 $60,672,663 $1,802,127 $60,672,663 $60,672,663 $1,802,127 $60,672,663 $60,672,663 $1,802,127 $60,672,663 $60,672,663 $1,802,127 2796 JOURNAL OF THE SENATE Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $62,474,790 $1,802,127 $1,802,127 $62,474,790 $1,802,127 $1,802,127 $62,474,790 $1,802,127 $1,802,127 $62,474,790 24.1 Increase funds for district attorney court travel and training. State General Funds $216,229 $0 $0 $0 24.2 Increase funds for personnel for 11 additional assistant district attorneys to support Accountability Courts in the following circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and Towaliga. (H and S:Increase funds for personnel for five additional assistant district attorneys to support Accountability Courts in the circuits with the greatest need)(CC:Increase funds for personnel for 11 additional assistant district attorneys to support Accountability Courts in the following circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and Towaliga) State General Funds $914,691 $415,769 $415,769 $914,691 24.3 Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the state. (H and S:Increase funds for personnel for seven additional assistant district attorneys to support Juvenile Courts across the state)(CC:Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the state) State General Funds $1,247,305 $582,076 $582,076 $1,247,305 24.4 Increase funds for personnel to increase the monthly supplement for chief assistant district attorneys from $100 to $500 per month. (H and S:Increase funds to increase the monthly supplement for chief assistant district attorneys from $100 to $300 per month) State General Funds $383,658 $191,829 $191,829 $191,829 24.5 Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys, investigators, and secretaries. (H:Increase funds for personnel to provide for pay parity for secretaries)(S:Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys) State General Funds $1,897,805 $114,885 $759,543 $0 TUESDAY, MARCH 31, 2015 2797 24.6 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB744 (2014 session). State General Funds $104,522 $104,522 $104,522 $104,522 24.7 Increase funds for contracts to recognize contract with the Department of Human Services. Agency to Agency Contracts $245,355 $245,355 $245,355 $245,355 24.8 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $601,133 $601,133 $601,133 24.9 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $416,569 $416,569 $416,569 24.10 Increase funds for personnel for an assistant district attorney to reflect the new judgeship in the Western Judicial Circuit starting April 1, 2016. State General Funds $26,253 $26,253 $26,253 24.11 Increase funds for personnel to provide a salary supplement to District Attorneys receiving a county supplement of less than $15,000. (S:Increase funds for personnel for a 2% salary enhancement to District Attorneys' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary enhancement to District Attorneys' salaries ($219,874) and $6,000 accountability court supplement ($183,642)) State General Funds $190,793 $180,769 $403,516 24.100-District Attorneys Appropriation (HB 76) 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 $65,436,873 $63,316,492 $63,951,126 $64,578,481 State General Funds $65,436,873 $63,316,492 $63,951,126 $64,578,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,047,482 $2,047,482 $2,047,482 $2,047,482 State Funds Transfers $245,355 $245,355 $245,355 $245,355 Agency to Agency Contracts $245,355 $245,355 $245,355 $245,355 2798 JOURNAL OF THE SENATE Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $67,484,355 $1,802,127 $1,802,127 $65,363,974 $1,802,127 $1,802,127 $65,998,608 $1,802,127 $1,802,127 $66,625,963 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 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 $6,342,614 25.1 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. (H and S:Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs) State General Funds $6,188 ($297,158) ($297,158) ($297,158) 25.2 Increase funds for personnel for one human resources generalist position. State General Funds $73,404 $0 $0 $0 25.3 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $413,944 $413,944 $413,944 25.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $52,412 $52,412 $52,412 25.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,145 $12,145 $19,621 25.100 -Prosecuting Attorneys' Council Appropriation (HB 76) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,422,206 $6,523,957 $6,523,957 $6,531,433 State General Funds $6,422,206 $6,523,957 $6,523,957 $6,531,433 TOTAL PUBLIC FUNDS $6,422,206 $6,523,957 $6,523,957 $6,531,433 TUESDAY, MARCH 31, 2015 2799 Section 9: Superior Courts 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 Section Total - Continuation $64,909,147 $64,909,147 $64,909,147 $64,909,147 $64,909,147 $64,909,147 $137,000 $137,000 $137,000 $87,000 $87,000 $87,000 $87,000 $87,000 $87,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $65,046,147 $65,046,147 $65,046,147 $64,909,147 $64,909,147 $137,000 $87,000 $87,000 $50,000 $50,000 $65,046,147 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 Section Total - Final $72,631,324 $67,664,346 $72,631,324 $67,664,346 $137,000 $137,000 $87,000 $87,000 $87,000 $87,000 $50,000 $50,000 $50,000 $50,000 $72,768,324 $67,801,346 $68,083,132 $68,083,132 $137,000 $87,000 $87,000 $50,000 $50,000 $68,220,132 $69,084,000 $69,084,000 $137,000 $87,000 $87,000 $50,000 $50,000 $69,221,000 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 $1,353,844 $1,353,844 $35,000 $35,000 $35,000 $1,388,844 2800 JOURNAL OF THE SENATE 26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,244 $20,244 $20,244 $20,244 26.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,474 $17,474 $17,474 26.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,847 $5,847 $5,847 26.100 -Council of Superior Court Judges Appropriation (HB 76) 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 $1,374,088 $1,397,409 $1,397,409 $1,397,409 State General Funds $1,374,088 $1,397,409 $1,397,409 $1,397,409 TOTAL AGENCY FUNDS $35,000 $35,000 $35,000 $35,000 Sales and Services $35,000 $35,000 $35,000 $35,000 Sales and Services Not Itemized $35,000 $35,000 $35,000 $35,000 TOTAL PUBLIC FUNDS $1,409,088 $1,432,409 $1,432,409 $1,432,409 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 $2,500,166 $2,500,166 $87,000 $87,000 $87,000 $2,587,166 TUESDAY, MARCH 31, 2015 2801 27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $36,517 $36,517 $36,517 $36,517 27.2 Increase funds for operations to restore a portion of operating expenses that have been reduced in prior years as a result of budget reductions. State General Funds $100,000 $0 $0 $0 27.3 Increase funds for personnel to restore three furlough days remaining in the base budget. State General Funds $18,051 $18,051 $18,051 $18,051 27.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,368 $13,368 $13,368 27.5 Reduce funds for personnel to reflect savings. State General Funds ($18,051) ($18,051) ($18,051) 27.100 -Judicial Administrative Districts Appropriation (HB 76) 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 $2,654,734 $2,550,051 $2,550,051 $2,550,051 State General Funds $2,654,734 $2,550,051 $2,550,051 $2,550,051 TOTAL AGENCY FUNDS $87,000 $87,000 $87,000 $87,000 Intergovernmental Transfers $87,000 $87,000 $87,000 $87,000 Intergovernmental Transfers Not Itemized $87,000 $87,000 $87,000 $87,000 TOTAL PUBLIC FUNDS $2,741,734 $2,637,051 $2,637,051 $2,637,051 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. 2802 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 $61,055,137 $61,055,137 $15,000 $15,000 $15,000 $61,070,137 28.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $253,853 $234,456 $234,456 $234,456 28.2 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System. State General Funds $1,315,678 $1,315,678 $1,315,678 $1,315,678 28.3 Increase funds for personnel for a judicial salary increase. (H:Increase funds to provide a salary supplement to judges receiving a county supplement of less than $25,000)(S:Increase funds for personnel for a 2% salary enhancement to Superior Court Judges' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary enhancement to Superior Court Judges' salaries ($987,410) and $6,000 accountability court supplement ($840,917)) State General Funds $4,915,055 $415,453 $834,239 $1,828,327 28.4 Increase funds for the creation of one additional judgeship in the Western Circuit effective July 1, 2015. (H and S:Increase funds for the creation of one additional judgeship in the Western Circuit effective April 1, 2016) State General Funds $372,586 $93,147 $93,147 $93,147 28.5 Increase funds for personnel to annualize two judgeships in the Coweta and Waycross Judicial Circuits created in HB742 (2014 Session). State General Funds $361,110 $361,110 $361,110 $361,110 28.6 Eliminate funds for the initial equipment set-up of the Chattahoochee and Oconee judgeships created in HB451 (2013 Session). State General Funds ($60,500) ($60,500) ($60,500) ($60,500) TUESDAY, MARCH 31, 2015 2803 28.7 Increase funds for personnel for two law clerk positions eliminated in prior years due to budget reductions. State General Funds $128,332 $0 $0 $0 28.8 Increase funds for personnel for a step increase for the 22 secretaries who missed their step increase between January 1, 2012 and June 30, 2012. State General Funds $176,972 $176,972 $176,972 $176,972 28.9 Increase funds for personnel to restore one and a half furlough days remaining in the base budget. State General Funds $84,279 $84,279 $84,279 $84,279 28.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $113,429 $113,429 $113,429 28.11 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,004 $12,004 $18,784 28.12 Reduce funds for personnel to reflect savings. State General Funds ($84,279) ($84,279) ($84,279) 28.100 -Superior Court Judges Appropriation (HB 76) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $68,602,502 $68,602,502 $15,000 $15,000 $15,000 $68,617,502 $63,716,886 $63,716,886 $15,000 $15,000 $15,000 $63,731,886 $64,135,672 $64,135,672 $15,000 $15,000 $15,000 $64,150,672 $65,136,540 $65,136,540 $15,000 $15,000 $15,000 $65,151,540 2804 JOURNAL OF THE SENATE Section 10: Supreme Court 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 $10,248,025 $10,248,025 $10,248,025 $10,248,025 $10,248,025 $10,248,025 $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 $12,107,848 $12,107,848 $12,107,848 Section Total - Final $10,554,587 $10,357,790 $10,554,587 $10,357,790 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $12,414,410 $12,217,613 $10,317,091 $10,317,091 $1,859,823 $1,859,823 $1,859,823 $12,176,914 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,312,655 $10,312,655 $1,859,823 $1,859,823 $1,859,823 $12,172,478 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 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 $10,248,025 $10,248,025 $1,859,823 $1,859,823 $1,859,823 $12,107,848 TUESDAY, MARCH 31, 2015 2805 29.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $108,751 $106,140 $106,140 $106,140 29.2 Increase funds paid to the Department of Public Safety for a trooper to provide security. State General Funds $33,219 $33,219 $33,219 $33,219 29.3 Increase funds for contracts to annualize additional yearly costs for WestLaw research contract fees. State General Funds $1,440 $1,440 $1,440 $1,440 29.4 Increase funds for information technology to annualize additional yearly costs for a new network. State General Funds $37,200 $37,200 $37,200 $37,200 29.5 Increase funds for contracts to annualize additional yearly costs of TriVir e-filing and maintenance. State General Funds $6,000 $6,000 $6,000 $6,000 29.6 Eliminate funds for one-time funding for the purchase of computer software. State General Funds ($306,785) ($306,785) ($306,785) ($306,785) 29.7 Increase funds for personnel for one case management position. State General Funds $69,418 $0 $69,418 $69,418 29.8 Increase funds for TriVir annual maintenance cost, starting July 1, 2015, for trial court records. State General Funds $20,000 $20,000 $0 $0 29.9 Increase funds for personnel for a $10,000 salary enhancement to Supreme Court Justices' salaries. (H:Increase funds for a $12,000 salary enhancement to Supreme Court Justices' salaries)(S:Increase funds for personnel for a 4% salary enhancement to Supreme Court Justices' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary enhancement to Supreme Court Justices' salaries ($56,637) and per diem for Judges residing more than 50 miles from the Judicial Building ($8,650)) State General Funds $133,887 $161,414 $71,297 $65,287 2806 JOURNAL OF THE SENATE 29.10 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request. State General Funds $201,767 $0 $0 $0 29.11 Increase funds for contracts to annualize additional yearly costs for the Reporters' Office - LexisNexis Publication. State General Funds $1,665 $1,665 $1,665 $1,665 29.12 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $58,497 $58,497 $58,497 29.13 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,634 $4,634 $4,634 29.14 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,779 $3,779 $5,353 29.15 Reduce funds used to digitize records. State General Funds ($17,438) ($17,438) ($17,438) 29.100 -Supreme Court of Georgia Appropriation (HB 76) 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 $10,554,587 $10,357,790 $10,317,091 $10,312,655 State General Funds $10,554,587 $10,357,790 $10,317,091 $10,312,655 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 $12,414,410 $12,217,613 $12,176,914 $12,172,478 TUESDAY, MARCH 31, 2015 2807 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 $5,093,761 $5,093,761 $5,093,761 $5,093,761 $5,093,761 $5,093,761 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $17,142,369 $22,236,130 $22,236,130 $22,236,130 $5,093,761 $5,093,761 $17,142,369 $17,142,369 $17,142,369 $22,236,130 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $7,141,801 $6,728,934 $7,141,801 $6,728,934 $18,799,892 $18,799,892 $18,799,892 $18,799,892 $18,799,892 $18,799,892 $25,941,693 $25,528,826 $6,891,923 $6,891,923 $18,354,492 $18,354,492 $18,354,492 $25,246,415 $7,703,544 $7,703,544 $19,865,128 $19,865,128 $19,865,128 $27,568,672 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 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 $3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868 30.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,380 $42,380 $42,380 $42,380 2808 JOURNAL OF THE SENATE 30.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $27,540 $27,540 $27,540 $27,540 30.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,786 $3,786 $3,786 $3,786 30.4 Increase funds for billings for TeamWorks to reflect statewide adjustments. Accounting System Assessments $1,657,523 $1,657,523 $1,212,123 $1,657,523 30.5 Increase funds for personnel to address retention and workload needs. State General Funds $561,743 30.6 Increase funds for TeamWorks to address critical workload needs and to provide for statewide budget adjustments not previously accounted for in the cost model. Accounting System Assessments $1,065,236 30.100 -State Accounting Office Appropriation (HB 76) 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 $3,817,205 $3,817,205 $18,799,892 $18,799,892 $18,799,892 $22,617,097 $3,817,205 $3,817,205 $18,799,892 $18,799,892 $18,799,892 $22,617,097 $3,817,205 $3,817,205 $18,354,492 $18,354,492 $18,354,492 $22,171,697 $4,378,948 $4,378,948 $19,865,128 $19,865,128 $19,865,128 $24,244,076 TUESDAY, MARCH 31, 2015 2809 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 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 $1,350,262 31.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,552 $9,552 $9,552 $9,552 31.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $6,832 $6,832 $6,832 $6,832 31.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $458,946 $458,946 $458,946 $458,946 31.4 Increase funds for personnel for four attorney positions and four investigator positions to expedite complaint resolutions. (H:Increase funds for two attorney positions and two auditor positions)(CC:Increase funds for personnel for four attorney positions and four investigator positions to expedite compliant resolutions) State General Funds $768,532 $355,665 $768,532 $768,532 31.5 Increase funds for the provision of e-Fax capabilities to local filers as required by HB143 (2014 Session). State General Funds $43,500 $43,500 $43,500 $43,500 31.100-Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 76) 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. 2810 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,637,624 $2,637,624 $2,637,624 $2,224,757 $2,224,757 $2,224,757 $2,637,624 $2,637,624 $2,637,624 $2,637,624 $2,637,624 $2,637,624 Georgia State Board of Accountancy Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 32.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,835 $3,835 $3,835 $3,835 32.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,215 $2,215 $2,215 $2,215 32.3 Increase funds for Board operations. State General Funds $680,922 $680,922 $431,044 $680,922 32.99 CC: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. Senate: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. House: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. Governor: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. State General Funds $0 $0 $0 $0 TUESDAY, MARCH 31, 2015 2811 32.100 -Georgia State Board of Accountancy Appropriation (HB 76) The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal and disciplinary actions when warranted. TOTAL STATE FUNDS $686,972 $686,972 $437,094 $686,972 State General Funds $686,972 $686,972 $437,094 $686,972 TOTAL PUBLIC FUNDS $686,972 $686,972 $437,094 $686,972 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $4,878,113 $4,878,113 $4,878,113 $4,878,113 $4,878,113 $4,878,113 $21,376,895 $21,376,895 $21,376,895 $4,062,800 $4,062,800 $4,062,800 $4,062,800 $4,062,800 $4,062,800 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $15,293,260 $15,293,260 $15,293,260 $15,293,260 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $1,984,835 $1,984,835 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $173,677,428 $173,677,428 $173,677,428 $173,677,428 $28,171,311 $28,171,311 $28,171,311 $33,927,991 $33,927,991 $33,927,991 $9,808,379 $9,808,379 $9,808,379 $12,666,404 $12,666,404 $12,666,404 $89,103,343 $89,103,343 $89,103,343 $199,932,436 $199,932,436 $199,932,436 Section Total - Final $4,956,583 $4,956,583 $4,956,583 $4,956,583 $21,376,895 $21,376,895 $4,074,286 $4,074,286 $21,376,895 $4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436 $4,170,953 $4,170,953 $21,376,895 2812 JOURNAL OF THE SENATE 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,010,906 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,010,906 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,128,609 $4,062,800 $4,062,800 $36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,225,276 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 Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 TUESDAY, MARCH 31, 2015 2813 33.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. Appropriation (HB 76) 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 Merit System Assessments TOTAL PUBLIC FUNDS $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374 34.100-Fleet Management Appropriation (HB 76) 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. 2814 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 $1,029,374 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 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402 35.100-Human Resources Administration Appropriation (HB 76) 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 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 $8,680,402 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. TUESDAY, MARCH 31, 2015 2815 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 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 $1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398 36.1 Reduce funds for the Peace Officer's Indemnification Trust. State General Funds ($666,667) ($570,000) 36.100 -Risk Management Appropriation (HB 76) 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 $333,333 $430,000 State General Funds $1,000,000 $1,000,000 $333,333 $430,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $161,757,398 $161,757,398 $161,757,398 $161,757,398 State Funds Transfers $161,757,398 $161,757,398 $161,757,398 $161,757,398 State Fund Transfers Not Itemized $26,059,660 $26,059,660 $26,059,660 $26,059,660 Liability Funds $33,927,991 $33,927,991 $33,927,991 $33,927,991 Unemployment Compensation Funds $12,666,404 $12,666,404 $12,666,404 $12,666,404 Workers Compensation Funds $89,103,343 $89,103,343 $89,103,343 $89,103,343 TOTAL PUBLIC FUNDS $162,757,398 $162,757,398 $162,090,731 $162,187,398 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; 2816 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634 37.100 -State Purchasing Appropriation (HB 76) 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 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 $10,912,634 Surplus Property Continuation Budget The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177 TUESDAY, MARCH 31, 2015 2817 38.100 -Surplus Property Appropriation (HB 76) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 $1,465,177 Certificate of Need Appeal Panel Continuation Budget The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 39.100 -Certificate of Need Appeal Panel Appropriation (HB 76) 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $2,999,747 $2,999,747 $1,300,805 $1,300,805 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $2,999,747 $2,999,747 $1,300,805 $1,300,805 $2,999,747 $2,999,747 $1,300,805 $1,300,805 2818 JOURNAL OF THE SENATE State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,300,805 $4,300,552 $1,300,805 $4,300,552 $1,300,805 $4,300,552 $1,300,805 $4,300,552 40.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $46,722 $46,722 $46,722 $46,722 40.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,547 $19,547 $19,547 $19,547 40.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,004 $8,004 $8,004 $8,004 40.4 Reduce funds for telecommunications and information technology. State General Funds ($66,770) ($66,770) 40.5 Utilize existing funds to provide a 5% salary enhancement to Office of State Administrative Hearings Judges' salaries. (CC:YES) State General Funds $0 40.100-Administrative Hearings, Office of State Appropriation (HB 76) 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 $3,074,020 $3,074,020 $3,007,250 $3,007,250 State General Funds $3,074,020 $3,074,020 $3,007,250 $3,007,250 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 $4,374,825 $4,374,825 $4,308,055 $4,308,055 TUESDAY, MARCH 31, 2015 2819 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 41.100 -State Treasurer, Office of the Appropriation (HB 76) 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 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 $4,142,800 $4,062,800 $4,062,800 $80,000 $80,000 $4,142,800 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 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 $838,860 2820 JOURNAL OF THE SENATE 42.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,894 $3,894 $3,894 $3,894 42.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,792 $1,792 $1,792 $1,792 42.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,489) ($1,489) ($1,489) ($1,489) 42.4 Reduce funds for flight hour operations. State General Funds ($148,860) ($148,860) 42.100 -Payments to Georgia Aviation Authority Appropriation (HB 76) 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 $843,057 $843,057 $694,197 $694,197 State General Funds $843,057 $843,057 $694,197 $694,197 TOTAL PUBLIC FUNDS $843,057 $843,057 $694,197 $694,197 The Department is authorized to assess no more than $73.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Section Total - Continuation $42,515,594 $42,515,594 $42,515,594 $42,515,594 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $6,837,012 $6,837,012 $6,837,012 $6,837,012 $636,171 $636,171 $636,171 $636,171 $636,171 $636,171 $411,171 $411,171 $411,171 $42,515,594 $42,515,594 $6,837,012 $6,837,012 $636,171 $636,171 $411,171 TUESDAY, MARCH 31, 2015 2821 Agency to Agency Contracts TOTAL PUBLIC FUNDS $225,000 $49,988,777 $225,000 $49,988,777 $225,000 $49,988,777 $225,000 $49,988,777 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 State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $45,636,660 $46,108,240 $45,636,660 $46,108,240 $7,196,157 $7,196,157 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $943,908 $636,171 $636,171 $636,171 $411,171 $411,171 $225,000 $225,000 $307,737 $307,737 $54,966,907 $55,130,750 $45,968,311 $45,968,311 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $636,171 $636,171 $411,171 $225,000 $54,990,821 $46,312,441 $46,312,441 $7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182 $636,171 $636,171 $411,171 $225,000 $55,334,951 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 $2,910,273 43.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $20,115 $20,115 $20,115 $20,115 43.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,900 $18,900 $18,900 $18,900 2822 JOURNAL OF THE SENATE 43.3 Increase funds for the employer share of health insurance ($29,820) and retiree health benefits ($17,448). State General Funds $47,268 $47,268 $47,268 $47,268 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 76) 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 $2,996,556 $2,996,556 $2,996,556 $2,996,556 State General Funds $2,996,556 $2,996,556 $2,996,556 $2,996,556 TOTAL PUBLIC FUNDS $2,996,556 $2,996,556 $2,996,556 $2,996,556 Consumer Protection Continuation Budget The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 $25,458,597 $25,458,597 $6,837,012 $6,837,012 $225,000 $225,000 $225,000 $32,520,609 44.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $326,036 $326,036 $326,036 $326,036 TUESDAY, MARCH 31, 2015 2823 44.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $157,962 $157,962 $157,962 $157,962 44.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($52,093) ($52,093) ($52,093) ($52,093) 44.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $969 $969 $969 $8,886 44.5 Increase funds for personnel to reflect Consumer Protection inspector salary adjustments. State General Funds $260,000 $260,000 $260,000 44.6 Increase funds for personnel for two manufactured food inspector positions and one seed scientist position. (S:Increase funds for personnel for one manufactured food inspector position and one seed scientist position) State General Funds $211,000 $160,525 $211,000 44.7 Reduce funds for the lease savings from acquiring vehicles. State General Funds ($39,454) ($39,454) 44.100 -Consumer Protection Appropriation (HB 76) The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. TOTAL STATE FUNDS $25,891,471 $26,362,471 $26,272,542 $26,330,934 State General Funds $25,891,471 $26,362,471 $26,272,542 $26,330,934 TOTAL FEDERAL FUNDS $6,837,012 $6,837,012 $6,837,012 $6,837,012 2824 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,837,012 $225,000 $225,000 $225,000 $32,953,483 $6,837,012 $225,000 $225,000 $225,000 $33,424,483 $6,837,012 $225,000 $225,000 $225,000 $33,334,554 $6,837,012 $225,000 $225,000 $225,000 $33,392,946 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 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 $4,524,816 45.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $68,118 $68,118 $68,118 $68,118 45.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,565 $30,565 $30,565 $30,565 45.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,016) ($7,016) ($7,016) ($7,016) 45.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $144 $144 $144 $1,321 45.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,616,627 $4,616,627 $4,616,627 $4,617,804 State General Funds $4,616,627 $4,616,627 $4,616,627 $4,617,804 TOTAL PUBLIC FUNDS $4,616,627 $4,616,627 $4,616,627 $4,617,804 TUESDAY, MARCH 31, 2015 2825 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 $5,825,232 $5,825,232 $411,171 $411,171 $411,171 $6,236,403 46.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $44,189 $44,189 $44,189 $44,189 46.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,087 $30,087 $30,087 $30,087 46.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,720) ($7,720) ($7,720) ($7,720) 46.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $148 $148 $148 $1,357 46.5 Reduce funds for marketing for the Georgia Grown program. (CC:NO; Utilize existing funds for marketing and promotion of non-commodity commission agricultural products) State General Funds ($100,000) $0 46.100-Marketing and Promotion Appropriation (HB 76) 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. 2826 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 $5,891,936 $5,891,936 $411,171 $411,171 $411,171 $6,303,107 $5,891,936 $5,891,936 $411,171 $411,171 $411,171 $6,303,107 $5,791,936 $5,791,936 $411,171 $411,171 $411,171 $6,203,107 $5,893,145 $5,893,145 $411,171 $411,171 $411,171 $6,304,316 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 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 $2,830,399 47.100-Poultry Veterinary Diagnostic Labs Appropriation (HB 76) 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 $2,830,399 $2,830,399 $2,830,399 $2,830,399 State General Funds $2,830,399 $2,830,399 $2,830,399 $2,830,399 TOTAL PUBLIC FUNDS $2,830,399 $2,830,399 $2,830,399 $2,830,399 Soil and Water Conservation Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 48.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $30,489 $0 $0 $0 48.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,224 $0 $0 $0 TUESDAY, MARCH 31, 2015 2827 48.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,170 $0 $0 $0 48.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($580) $0 $0 $0 48.98 Transfer funds from the State Soil and Water Conservation Commission to the Department of Agriculture and transfer 51 positions from the Commission Administration, Conservation of Agricultural Water Supplies, and Conservation of Soil and Water Resources programs to the Department of Agriculture to consolidate soil and water conservation activities. State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Federal Fund Transfers Not Itemized Total Public Funds: $2,387,850 $0 $0 $0 $359,145 $0 $0 $0 $1,190,182 $0 $0 $0 $307,737 $0 $0 $0 $4,244,914 $0 $0 $0 48.99 CC: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. Senate: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. House: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. Governor: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the 2828 JOURNAL OF THE SENATE reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. State General Funds $0 $0 $0 $0 48.100 -Soil and Water Conservation Appropriation (HB 76) The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and sedimentation control personnel. TOTAL STATE FUNDS $2,436,153 $0 $0 $0 State General Funds $2,436,153 $0 $0 $0 TOTAL FEDERAL FUNDS $359,145 Federal Funds Not Itemized $359,145 TOTAL AGENCY FUNDS $1,190,182 Intergovernmental Transfers $1,190,182 Intergovernmental Transfers Not Itemized $1,190,182 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $307,737 Federal Funds Transfers $307,737 Federal Fund Transfers Not Itemized $307,737 TOTAL PUBLIC FUNDS $4,293,217 $0 $0 $0 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 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 $966,277 49.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,241 $7,241 $7,241 $7,241 TUESDAY, MARCH 31, 2015 2829 49.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 76) 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 $973,518 $973,518 $973,518 $973,518 State General Funds $973,518 $973,518 $973,518 $973,518 TOTAL PUBLIC FUNDS $973,518 $973,518 $973,518 $973,518 State Soil and Water Conservation Commission: Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 600.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,756 $9,756 $9,756 600.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,820 $4,820 $4,820 600.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,014 $1,014 $1,014 600.4 Reduce funds for personnel and transfer consolidated savings from the State Soil and Water Conservation Commission: Administration program to the State Soil and Water Conservation Commission: Conservation of Agricultural Water program ($46,206) and the State Soil and Water Conservation Commission: Conservation of Soil and Water Resources program ($255,794) for increased regional conservation district allotments. (CC:Reduce funds for personnel and transfer consolidated savings from the State Soil and Water Conservation Commission: Administration program to the State Soil and Water Conservation Commission: Conservation of Agricultural Water program ($23,103) and the State Soil and Water Conservation Commission: Conservation of Soil and Water Resources program ($127,897) for increased regional conservation district allotments) State General Funds ($302,000) $0 ($151,000) 2830 JOURNAL OF THE SENATE 600.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,130 600.98 Transfer funds and eight positions from the State Soil and Water Conservation program to the Department of Agriculture State Soil and Water Conservation Commission: Administration program. State General Funds $724,705 $724,705 $724,705 600.99 CC: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. Senate: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. House: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. State General Funds $0 $0 $0 600.100-State Soil and Water Conservation Commission: Administration Appropriation (HB 76) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $438,295 $740,295 $590,425 State General Funds $438,295 $740,295 $590,425 TOTAL PUBLIC FUNDS $438,295 $740,295 $590,425 State Soil and Water Conservation Commission: Conservation of Agricultural Water Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 601.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,049 $3,049 $3,049 601.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,459 $1,459 $1,459 TUESDAY, MARCH 31, 2015 2831 601.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $317 $317 $317 601.4 Increase funds and transfer consolidated savings from the Department of Agriculture - State Soil and Water Conservation Commission: Administration program to the Department of Agriculture - State Soil and Water Conservation Commission: Conservation of Agricultural Water program for allotments for soil and water regional conservation districts. State General Funds $46,206 $0 $23,103 601.98 Transfer funds and ten positions from the State Soil and Water Conservation program to the Department of Agriculture - State Soil and Water Conservation Commission: Conservation of Agricultural Water program. State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: $240,208 $192,737 $1,190,182 $1,623,127 $240,208 $192,737 $1,190,182 $1,623,127 $240,208 $192,737 $1,190,182 $1,623,127 601.99 CC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. Senate: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. House: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. State General Funds $0 $0 $0 2832 JOURNAL OF THE SENATE 601.100 -State Soil and Water Conservation Commission: Conservation of Agricultural Water Appropriation (HB 76) 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 $291,239 $245,033 $268,136 State General Funds $291,239 $245,033 $268,136 TOTAL FEDERAL FUNDS $192,737 $192,737 $192,737 Federal Funds Not Itemized $192,737 $192,737 $192,737 TOTAL AGENCY FUNDS $1,190,182 $1,190,182 $1,190,182 Intergovernmental Transfers $1,190,182 $1,190,182 $1,190,182 Intergovernmental Transfers Not Itemized $1,190,182 $1,190,182 $1,190,182 TOTAL PUBLIC FUNDS $1,674,158 $1,627,952 $1,651,055 State Soil and Water Conservation Commission: Conservation of Soil and Water Resources Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 602.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,684 $17,684 $17,684 602.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,945 $8,945 $8,945 602.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,839 $1,839 $1,839 602.4 Increase funds and transfer consolidated savings from the Department of Agriculture - State Soil and Water Conservation Commission: Administration program to the Department of Agriculture - State Soil and Water Conservation Commission: TUESDAY, MARCH 31, 2015 2833 Conservation of Agricultural Soil and Water Resources program for allotments for soil and water regional conservation districts. State General Funds $255,794 $0 $127,897 602.5 Increase funds for resource conservation and development districts. (CC:Reflect funds in the Georgia Environmental Finance Authority) State General Funds $50,000 $0 602.98 Transfer funds and 33 positions from the State Soil and Water Conservation program to the Department of Agriculture - State Soil and Water Conservation Commission: Conservation of Soil and Water Resources program. State General Funds Federal Funds Not Itemized Total Public Funds: $1,422,937 $166,408 $1,589,345 $1,422,937 $166,408 $1,589,345 $1,422,937 $166,408 $1,589,345 602.99 CC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. Senate: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. House: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. State General Funds $0 $0 $0 2834 JOURNAL OF THE SENATE 602.100 -State Soil and Water Conservation Commission: Conservation of Soil and Water Resources Appropriation (HB 76) 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 $1,707,199 $1,501,405 $1,579,302 State General Funds $1,707,199 $1,501,405 $1,579,302 TOTAL FEDERAL FUNDS $166,408 $166,408 $166,408 Federal Funds Not Itemized $166,408 $166,408 $166,408 TOTAL PUBLIC FUNDS $1,873,607 $1,667,813 $1,745,710 State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 603.98 Transfer funds from the State Soil and Water Conservation Commission - U.S.D.A. Flood Control Watershed Structures program to the new Department of Agriculture - State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures program. State General Funds $98,502 603.99 CC: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. State General Funds $0 603.100-State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures Appropriation (HB 76) 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 TUESDAY, MARCH 31, 2015 2835 State General Funds TOTAL PUBLIC FUNDS $98,502 $98,502 State Soil and Water Conservation Commission: Water Resources and Land Use Planning Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 604.98 Transfer funds from the State Soil and Water Conservation Commission - Water Resources and Land Use Planning program to the new State Soil and Water Conservation Commission: Water Resources and Land Use Planning program. State General Funds $133,720 604.99 CC: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. State General Funds $0 604.100-State Soil and Water Conservation Commission: Water Resources and Land Use Planning Appropriation (HB 76) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $133,720 State General Funds $133,720 TOTAL PUBLIC FUNDS $133,720 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 Section Total - Final $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,903,731 $11,669,059 $11,669,059 $11,669,059 $11,905,690 $11,905,690 $11,905,690 2836 JOURNAL OF THE SENATE 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 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 $227,776 50.1 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one position. State General Funds ($227,776) ($227,776) ($227,776) ($227,776) 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 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 $2,047,883 51.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,648 $27,648 $27,648 $27,648 51.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,397 $14,397 $14,397 $14,397 51.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($905) ($905) ($905) ($905) 51.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,854 $3,854 $3,854 $5,813 TUESDAY, MARCH 31, 2015 2837 51.5 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one position. State General Funds $227,776 $227,776 $227,776 $227,776 51.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,320,653 $2,320,653 State General Funds $2,320,653 $2,320,653 TOTAL PUBLIC FUNDS $2,320,653 $2,320,653 Appropriation (HB 76) $2,320,653 $2,320,653 $2,320,653 $2,322,612 $2,322,612 $2,322,612 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 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 $7,409,357 52.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $108,967 $108,967 $108,967 $108,967 52.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,817 $48,817 $48,817 $48,817 52.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,251) ($5,251) ($5,251) ($5,251) 2838 JOURNAL OF THE SENATE 52.100 -Financial Institution Supervision Appropriation (HB 76) 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 $7,561,890 $7,561,890 $7,561,890 $7,561,890 State General Funds $7,561,890 $7,561,890 $7,561,890 $7,561,890 TOTAL PUBLIC FUNDS $7,561,890 $7,561,890 $7,561,890 $7,561,890 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 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 $1,984,043 53.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,022 $26,022 $26,022 $26,022 53.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,512 $12,512 $12,512 $12,512 53.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,389) ($1,389) ($1,389) ($1,389) 53.100 -Non-Depository Financial Institution Supervision Appropriation (HB 76) 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 $2,021,188 $2,021,188 $2,021,188 $2,021,188 TUESDAY, MARCH 31, 2015 2839 State General Funds TOTAL PUBLIC FUNDS $2,021,188 $2,021,188 $2,021,188 $2,021,188 $2,021,188 $2,021,188 $2,021,188 $2,021,188 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $968,833,425 $968,833,425 $968,833,425 $968,833,425 State General Funds $958,578,287 $958,578,287 $958,578,287 $958,578,287 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 $145,660,990 $145,660,990 $145,660,990 Federal Funds Not Itemized $5,739,979 $5,739,979 $5,739,979 $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 $25,697,365 $25,697,365 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,482,075 $47,482,075 $47,482,075 $47,482,075 FFIND Social Services Block Grant CFDA93.667 $40,481,142 $40,481,142 $40,481,142 $40,481,142 Temporary Assistance for Needy Families $528,000 $528,000 $528,000 $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $528,000 $528,000 $528,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $26,902,262 $26,902,262 $26,902,262 $26,902,262 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $257,036 $257,036 $257,036 $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $257,036 $257,036 $257,036 Royalties and Rents $668,024 $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 $668,024 Sales and Services $25,777,202 $25,777,202 $25,777,202 $25,777,202 Sales and Services Not Itemized $25,777,202 $25,777,202 $25,777,202 $25,777,202 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 $4,956,393 $4,956,393 State Fund Transfers Not Itemized $2,357,130 $2,357,130 $2,357,130 $2,357,130 Agency to Agency Contracts $2,599,263 $2,599,263 $2,599,263 $2,599,263 Federal Funds Transfers $48,098 $48,098 $48,098 $48,098 Federal Fund Transfers Not Itemized $48,098 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $1,146,401,168 $1,146,401,168 $1,146,401,168 $1,146,401,168 2840 JOURNAL OF THE SENATE Section Total - Final TOTAL STATE FUNDS $984,135,962 $987,696,837 State General Funds $973,880,824 $977,441,699 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $145,660,990 $145,660,990 Federal Funds Not Itemized $5,739,979 $5,739,979 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $25,697,365 $25,697,365 Prevention & Treatment of Substance Abuse Grant CFDA93.959$47,482,075 $47,482,075 FFIND Social Services Block Grant CFDA93.667 $40,481,142 $40,481,142 Temporary Assistance for Needy Families $528,000 $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 $528,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $26,902,262 $26,902,262 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 $25,777,202 $25,777,202 Sales and Services Not Itemized $25,777,202 $25,777,202 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 $1,161,703,705 $1,165,264,580 $988,676,837 $978,421,699 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,166,244,580 $988,416,162 $978,161,024 $10,255,138 $145,660,990 $5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,165,983,905 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, have a chemical dependency and who need assistance for compulsive gambling. TUESDAY, MARCH 31, 2015 2841 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 $44,653,249 $44,653,249 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,492,683 54.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $114,531 $114,531 $114,531 $114,531 54.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $415,784 $415,784 $415,784 $415,784 54.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $24,210 $24,210 $24,210 $24,210 54.100 -Adult Addictive Diseases Services Appropriation (HB 76) The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs, have a chemical dependency and who need assistance for compulsive gambling. TOTAL STATE FUNDS $45,207,774 $45,207,774 $45,207,774 $45,207,774 2842 JOURNAL OF THE SENATE State General Funds $45,207,774 TOTAL FEDERAL FUNDS $44,404,231 Medical Assistance Program CFDA93.778 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959$29,607,511 FFIND Social Services Block Grant CFDA93.667 $2,500,000 Temporary Assistance for Needy Families $528,000 Temporary Assistance for Needy Families Grant CFDA93.558 $528,000 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 $90,047,208 $45,207,774 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,047,208 $45,207,774 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,047,208 $45,207,774 $44,404,231 $200,000 $29,607,511 $2,500,000 $528,000 $528,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,047,208 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 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 $277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929 TUESDAY, MARCH 31, 2015 2843 55.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,281,247 $1,281,247 $1,281,247 $1,281,247 55.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $572,819 $572,819 $572,819 $572,819 55.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($139,693) ($139,693) ($139,693) ($139,693) 55.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($4,988,014) ($4,988,014) ($4,988,014) ($4,988,014) 55.5 Increase funds for the establishment of intensive support coordination services for New Options Waivers (NOW) and the Comprehensive Supports Waiver Program (COMP). State General Funds $3,189,659 $3,189,659 $3,189,659 $3,189,659 55.6 Increase funds to annualize the cost of the 250 FY2015 New Options Waivers (NOW) and Comprehensive Supports Waiver Program (COMP) 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 $6,927,540 $6,927,540 $6,927,540 $6,927,540 55.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 55.8 Increase funds for 75 additional slots for the New Options Waiver (NOW) and the Comprehensive Supports Waiver Program (COMP). State General Funds $1,124,226 $1,124,226 $1,124,226 2844 JOURNAL OF THE SENATE 55.9 Increase funds for additional supported employment slots for people with developmental disabilities. State General Funds $980,000 55.10 Increase funds for one-time funding to Georgia Options for the severely disabled. State General Funds $490,000 $150,000 55.100-Adult Developmental Disabilities Services Appropriation (HB 76) 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 $284,455,734 $285,579,960 $286,559,960 $286,219,960 State General Funds $274,200,596 $275,324,822 $276,304,822 $275,964,822 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $42,980,753 $42,980,753 $42,980,753 $42,980,753 Medical Assistance Program CFDA93.778 $12,336,582 $12,336,582 $12,336,582 $12,336,582 FFIND Social Services Block Grant CFDA93.667 $30,644,171 $30,644,171 $30,644,171 $30,644,171 TOTAL AGENCY FUNDS $12,960,000 $12,960,000 $12,960,000 $12,960,000 Sales and Services $12,960,000 $12,960,000 $12,960,000 $12,960,000 Sales and Services Not Itemized $12,960,000 $12,960,000 $12,960,000 $12,960,000 TOTAL PUBLIC FUNDS $340,396,487 $341,520,713 $342,500,713 $342,160,713 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 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 $88,703,914 $88,703,914 $26,500 $26,500 $26,500 $88,730,414 TUESDAY, MARCH 31, 2015 2845 56.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $817,756 $817,756 $817,756 $817,756 56.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $528,754 $528,754 $528,754 $528,754 56.3 Increase funds for personnel for the employee retention plan for health services technicians and forensic services technicians. State General Funds $1,049,649 $1,049,649 $1,049,649 56.100 -Adult Forensic Services Appropriation (HB 76) 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 $90,050,424 $91,100,073 $91,100,073 $91,100,073 State General Funds $90,050,424 $91,100,073 $91,100,073 $91,100,073 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 $90,076,924 $91,126,573 $91,126,573 $91,126,573 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $346,102,519 $346,102,519 $11,858,953 $3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 2846 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,220,095 $2,220,095 $2,220,095 $2,220,095 $360,181,567 $360,181,567 $360,181,567 $360,181,567 57.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,078,419 $1,078,419 $1,078,419 $1,078,419 57.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,579,464 $1,579,464 $1,579,464 $1,579,464 57.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $48,313 $48,313 $48,313 $48,313 57.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($791,202) ($791,202) ($791,202) ($791,202) 57.5 Increase funds to annualize the cost of three behavioral health crisis centers (BHCC) 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 $2,313,015 $2,313,015 $2,313,015 $2,313,015 57.6 Utilize existing funds for community-based crisis stabilization and inpatient hospital beds in Metro Atlanta. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 57.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 57.8 Increase funds for eight inpatient Crisis Stabilization Unit beds in Fulton County. State General Funds $1,387,000 $1,387,000 $1,387,000 TUESDAY, MARCH 31, 2015 2847 57.100 -Adult Mental Health Services Appropriation (HB 76) 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 $350,330,528 $351,717,528 $351,717,528 $351,717,528 State General Funds $350,330,528 $351,717,528 $351,717,528 $351,717,528 TOTAL FEDERAL FUNDS $11,858,953 $11,858,953 $11,858,953 $11,858,953 Federal Funds Not Itemized $3,062,355 $3,062,355 $3,062,355 $3,062,355 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 $2,070,420 $2,070,420 $2,070,420 $2,070,420 TOTAL AGENCY FUNDS $2,220,095 $2,220,095 $2,220,095 $2,220,095 Sales and Services $2,220,095 $2,220,095 $2,220,095 $2,220,095 Sales and Services Not Itemized $2,220,095 $2,220,095 $2,220,095 $2,220,095 TOTAL PUBLIC FUNDS $364,409,576 $365,796,576 $365,796,576 $365,796,576 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 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 $3,277,358 $3,277,358 $8,114,223 $236,074 $7,878,149 $11,391,581 58.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,041 $4,041 $4,041 $4,041 58.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 76) 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 $3,281,399 $3,281,399 $3,281,399 $3,281,399 State General Funds $3,281,399 $3,281,399 $3,281,399 $3,281,399 2848 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $8,114,223 Medical Assistance Program CFDA93.778 $236,074 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $7,878,149 TOTAL PUBLIC FUNDS $11,395,622 $8,114,223 $236,074 $7,878,149 $11,395,622 $8,114,223 $236,074 $7,878,149 $11,395,622 $8,114,223 $236,074 $7,878,149 $11,395,622 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 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 $8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610 59.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,945 $6,945 $6,945 $6,945 59.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,820 $10,820 $10,820 $10,820 59.100-Child and Adolescent Developmental Disabilities Appropriation (HB 76) 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 $8,840,683 $8,840,683 $8,840,683 $8,840,683 State General Funds $8,840,683 $8,840,683 $8,840,683 $8,840,683 TOTAL FEDERAL FUNDS $3,588,692 $3,588,692 $3,588,692 $3,588,692 Medical Assistance Program CFDA93.778 $3,588,692 $3,588,692 $3,588,692 $3,588,692 TOTAL PUBLIC FUNDS $12,429,375 $12,429,375 $12,429,375 $12,429,375 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. TUESDAY, MARCH 31, 2015 2849 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 $5,193,233 60.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $23,550 $23,550 $23,550 $23,550 60.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,443 $13,443 $13,443 $13,443 60.100 -Child and Adolescent Forensic Services Appropriation (HB 76) 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 $5,230,226 $5,230,226 $5,230,226 $5,230,226 State General Funds $5,230,226 $5,230,226 $5,230,226 $5,230,226 TOTAL PUBLIC FUNDS $5,230,226 $5,230,226 $5,230,226 $5,230,226 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 $49,231,759 $49,231,759 $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 $49,231,759 $49,231,759 $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 $49,231,759 $49,231,759 $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 $49,231,759 $49,231,759 $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 2850 JOURNAL OF THE SENATE Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $48,098 $62,226,055 $48,098 $62,226,055 $48,098 $62,226,055 $48,098 $62,226,055 61.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $75,594 $75,594 $75,594 $75,594 61.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,290 $35,290 $35,290 $35,290 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 76) 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 $49,342,643 $49,342,643 $49,342,643 $49,342,643 State General Funds $49,342,643 $49,342,643 $49,342,643 $49,342,643 TOTAL FEDERAL FUNDS $10,324,515 $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 Medical Assistance Program CFDA93.778 $2,886,984 $2,886,984 $2,886,984 $2,886,984 TOTAL AGENCY FUNDS $85,000 $85,000 $85,000 $85,000 Sales and Services $85,000 $85,000 $85,000 $85,000 Sales and Services Not Itemized $85,000 $85,000 $85,000 $85,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,584,781 $2,584,781 $2,584,781 $2,584,781 State Funds Transfers $2,536,683 $2,536,683 $2,536,683 $2,536,683 Agency to Agency Contracts $2,536,683 $2,536,683 $2,536,683 $2,536,683 Federal Funds Transfers $48,098 $48,098 $48,098 $48,098 Federal Fund Transfers Not Itemized $48,098 $48,098 $48,098 $48,098 TOTAL PUBLIC FUNDS $62,336,939 $62,336,939 $62,336,939 $62,336,939 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 $37,183,252 $37,183,252 $37,183,252 $37,183,252 $37,183,252 $37,183,252 $37,183,252 $37,183,252 TUESDAY, MARCH 31, 2015 2851 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 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,920,969 62.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $212,306 $212,306 $212,306 $212,306 62.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $172,581 $172,581 $172,581 $172,581 62.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $87,199 $87,199 $87,199 $87,199 62.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,721 $9,721 $9,721 $89,046 62.5 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental Administration program to the Governor's Office program for the Disability Services Ombudsman to promote the safety, wellbeing, and rights of consumers. State General Funds ($279,154) ($279,154) ($279,154) ($279,154) 62.100-Departmental Administration-Behavioral Health Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. TOTAL STATE FUNDS $37,385,905 $37,385,905 $37,385,905 $37,465,230 State General Funds $37,385,905 $37,385,905 $37,385,905 $37,465,230 TOTAL FEDERAL FUNDS $11,715,584 $11,715,584 $11,715,584 $11,715,584 2852 JOURNAL OF THE SENATE 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 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $49,123,622 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $49,123,622 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $49,123,622 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $49,202,947 Direct Care Support Services The purpose of this appropriation is to operate five 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 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 $106,913,512 $106,913,512 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $120,486,553 63.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,204,130 $1,204,130 $1,204,130 $1,204,130 63.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $740,882 $740,882 $740,882 $740,882 63.100 -Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals. TOTAL STATE FUNDS $108,858,524 $108,858,524 State General Funds $108,858,524 $108,858,524 Appropriation (HB 76) $108,858,524 $108,858,524 $108,858,524 $108,858,524 TUESDAY, MARCH 31, 2015 2853 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 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 $11,153,331 $668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130 $62,580 $122,431,565 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 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 $234,128 $234,128 $9,996,415 $9,996,415 $10,230,543 64.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $267 $267 $267 $267 64.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $193 $193 $193 $193 64.100-Substance Abuse Prevention Appropriation (HB 76) 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 $234,588 $234,588 $234,588 $234,588 State General Funds $234,588 $234,588 $234,588 $234,588 TOTAL FEDERAL FUNDS $9,996,415 $9,996,415 $9,996,415 $9,996,415 2854 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 $9,996,415 TOTAL PUBLIC FUNDS $10,231,003 $9,996,415 $10,231,003 $9,996,415 $10,231,003 $9,996,415 $10,231,003 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 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 $244,153 $244,153 $2,677,624 $2,677,624 $2,921,777 65.100-Developmental Disabilities, Georgia Council on Appropriation (HB 76) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $244,153 $244,153 $244,153 $244,153 State General Funds $244,153 $244,153 $244,153 $244,153 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 $2,921,777 $2,921,777 $2,921,777 $2,921,777 Sexual Offender Review Board Continuation Budget 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 $661,254 66.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,643 $8,643 $8,643 $8,643 TUESDAY, MARCH 31, 2015 2855 66.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,484 $3,484 $3,484 $3,484 66.100 -Sexual Offender Review Board Appropriation (HB 76) 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 STATE FUNDS $673,381 $673,381 $673,381 $673,381 State General Funds $673,381 $673,381 $673,381 $673,381 TOTAL PUBLIC FUNDS $673,381 $673,381 $673,381 $673,381 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 Section Total - Continuation $64,428,953 $64,428,953 $64,428,953 $64,428,953 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,110,483 $13,110,483 $13,110,483 $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 $1,603,158 $1,603,158 $1,603,158 $1,603,158 $1,603,158 $1,603,158 $70,386 $70,386 $70,386 $60,480 $60,480 $60,480 $60,480 $60,480 $60,480 $9,906 $9,906 $9,906 $9,906 $9,906 $9,906 $250,502,286 $250,502,286 $250,502,286 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,502,286 TOTAL STATE FUNDS State General Funds Section Total - Final $64,620,515 $64,298,143 $64,620,515 $64,298,143 $64,623,143 $64,623,143 $71,890,242 $71,890,242 2856 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,693,848 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,371,476 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $250,696,476 $172,892,464 $172,892,464 $13,110,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158 $70,386 $60,480 $60,480 $9,906 $9,906 $257,963,575 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 $240,794 $240,794 $75,116 $75,116 $257,804 $257,804 $257,804 $573,714 $240,794 $240,794 $75,116 $75,116 $257,804 $257,804 $257,804 $573,714 $240,794 $240,794 $75,116 $75,116 $257,804 $257,804 $257,804 $573,714 $240,794 $240,794 $75,116 $75,116 $257,804 $257,804 $257,804 $573,714 TUESDAY, MARCH 31, 2015 2857 67.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,103 $4,103 $4,103 $4,103 67.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,938 $1,938 $1,938 $1,938 67.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $131 $131 $131 $131 67.100 -Building Construction Appropriation (HB 76) 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 $246,966 $246,966 $246,966 $246,966 State General Funds $246,966 $246,966 $246,966 $246,966 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 $579,886 $579,886 $579,886 $579,886 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. 2858 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 $3,672,181 $3,672,181 $126,906 $126,906 $126,906 $3,799,087 68.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,013 $17,013 $17,013 $17,013 68.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,944 $8,944 $8,944 $8,944 68.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $566 $566 $566 $566 68.4 Increase funds for environmental program activities. State General Funds $50,000 $50,000 $75,000 68.100 -Coordinated Planning Appropriation (HB 76) 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 $3,698,704 $3,748,704 $3,748,704 $3,773,704 State General Funds $3,698,704 $3,748,704 $3,748,704 $3,773,704 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 $3,825,610 $3,875,610 $3,875,610 $3,900,610 TUESDAY, MARCH 31, 2015 2859 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 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 $1,116,849 $1,116,849 $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 $6,557,530 69.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,183 $2,183 $2,183 $2,183 69.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $862 $862 $862 $862 69.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,689 $3,689 $3,689 $8,624 69.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,123,583 $1,123,583 $1,123,583 $1,128,518 State General Funds $1,123,583 $1,123,583 $1,123,583 $1,128,518 2860 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $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 $6,564,264 $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 $6,564,264 $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 $6,564,264 $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 $6,569,199 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 $1,574,507 $1,574,507 $52,272,828 $52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000 $54,152,750 70.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,410 $19,410 $19,410 $19,410 TUESDAY, MARCH 31, 2015 2861 70.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,121 $10,121 $10,121 $10,121 70.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $720 $720 $720 $720 70.100-Federal Community and Economic Development Programs Appropriation (HB 76) 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 $1,604,758 $1,604,758 $1,604,758 $1,604,758 State General Funds $1,604,758 $1,604,758 $1,604,758 $1,604,758 TOTAL FEDERAL FUNDS $52,272,828 $52,272,828 $52,272,828 $52,272,828 Federal Funds Not Itemized $52,272,828 $52,272,828 $52,272,828 $52,272,828 TOTAL AGENCY FUNDS $305,415 $305,415 $305,415 $305,415 Intergovernmental Transfers $275,415 $275,415 $275,415 $275,415 Intergovernmental Transfers Not Itemized $275,415 $275,415 $275,415 $275,415 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 $54,183,001 $54,183,001 $54,183,001 $54,183,001 Homeownership Programs Continuation Budget The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate-income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate-income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 2862 JOURNAL OF THE SENATE 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 $4,773,354 $5,247,652 71.100 -Homeownership Programs Appropriation (HB 76) 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 $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 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,329,194 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,329,194 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,329,194 $1,032,544 $1,032,544 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,329,194 TUESDAY, MARCH 31, 2015 2863 72.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,179 $15,179 $15,179 $15,179 72.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,175 $7,175 $7,175 $7,175 72.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $393 $393 $393 $393 72.100 -Regional Services Appropriation (HB 76) 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 $1,055,291 $1,055,291 $1,055,291 $1,055,291 State General Funds $1,055,291 $1,055,291 $1,055,291 $1,055,291 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 $1,351,941 $1,351,941 $1,351,941 $1,351,941 Rental Housing Programs Continuation Budget 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. 2864 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 $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 76) 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 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 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 $388,430 TUESDAY, MARCH 31, 2015 2865 74.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,441 $5,441 $5,441 $5,441 74.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,730 $2,730 $2,730 $2,730 74.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $174 $174 $174 $174 74.100-Research and Surveys Appropriation (HB 76) 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 $396,775 $396,775 $396,775 $396,775 State General Funds $396,775 $396,775 $396,775 $396,775 TOTAL PUBLIC FUNDS $396,775 $396,775 $396,775 $396,775 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 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 2866 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $60,480 $60,480 $5,503,057 $60,480 $60,480 $5,503,057 $60,480 $60,480 $5,503,057 $60,480 $60,480 $5,503,057 75.100 -Special Housing Initiatives Appropriation (HB 76) 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 TOTAL AGENCY FUNDS $776,725 $776,725 $776,725 $776,725 Reserved Fund Balances $300,000 $300,000 $300,000 $300,000 Reserved Fund Balances Not Itemized $300,000 $300,000 $300,000 $300,000 Intergovernmental Transfers $476,725 $476,725 $476,725 $476,725 Intergovernmental Transfers Not Itemized $476,725 $476,725 $476,725 $476,725 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $60,480 $60,480 $60,480 $60,480 State Funds Transfers $60,480 $60,480 $60,480 $60,480 Agency to Agency Contracts $60,480 $60,480 $60,480 $60,480 TOTAL PUBLIC FUNDS $5,503,057 $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 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 $750,313 $750,313 $55,284 $55,284 $55,284 $805,597 TUESDAY, MARCH 31, 2015 2867 76.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,564 $9,564 $9,564 $9,564 76.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,086 $4,086 $4,086 $4,086 76.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $262 $262 $262 $262 76.100-State Community Development Programs Appropriation (HB 76) 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 $764,225 $764,225 $764,225 $764,225 State General Funds $764,225 $764,225 $764,225 $764,225 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 $819,509 $819,509 $819,509 $819,509 State Economic Development Programs 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 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $21,089,109 $21,089,109 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 2868 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $69,587 $21,424,696 $69,587 $21,424,696 $69,587 $21,424,696 $69,587 $21,424,696 77.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,381 $2,381 $2,381 $2,381 77.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $554 $554 $554 $554 77.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $109 $109 $109 $109 77.4 Increase funds for Regional Economic Business Assistance (REBA) grants. State General Funds $5,000,000 77.100-State Economic Development Programs Appropriation (HB 76) 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 $21,092,153 $21,092,153 $21,092,153 $26,092,153 State General Funds $21,092,153 $21,092,153 $21,092,153 $26,092,153 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 $21,427,740 $21,427,740 $21,427,740 $26,427,740 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. TUESDAY, MARCH 31, 2015 2869 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $348,495 $348,495 $348,495 $348,495 $348,495 $348,495 78.1 Increase funds for the Metropolitan North Georgia Water Planning District. State General Funds $500,000 78.2 Increase funds for the Georgia Rural Water Association. State General Funds 78.3 Increase funds for grants to Resource Conservation and Development districts. State General Funds $348,495 $348,495 $348,495 $500,000 $25,000 $348,495 $348,495 $348,495 $500,000 $25,000 $110,000 78.100-Payments to Georgia Environmental Finance Authority Appropriation (HB 76) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $348,495 $848,495 $873,495 $983,495 State General Funds $348,495 $848,495 $873,495 $983,495 TOTAL PUBLIC FUNDS $348,495 $848,495 $873,495 $983,495 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 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 $11,252,839 79.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $48,264 $48,264 $48,264 $48,264 79.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $26,206 $26,206 $26,206 $26,206 2870 JOURNAL OF THE SENATE 79.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($837) ($837) ($837) ($837) 79.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $201 $201 $201 $310 79.5 Reduce funds to meet projected expenditures. (CC:Restore funds to GRTA to meet projected FY2016 expenditures) State General Funds ($872,372) ($572,372) $1,554,683 79.100-Payments to Georgia Regional Transportation Authority Appropriation (HB 76) 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 $11,326,673 $10,454,301 $10,754,301 $12,881,465 State General Funds $11,326,673 $10,454,301 $10,754,301 $12,881,465 TOTAL PUBLIC FUNDS $11,326,673 $10,454,301 $10,754,301 $12,881,465 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 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 80.1 Utilize existing funds for special projects. (S:YES)(CC:NO) State General Funds $0 $0 TUESDAY, MARCH 31, 2015 2871 80.2 Utilize existing funds for credit enhancement for disadvantaged small businesses who are contracting or are attempting to contract with the Department of Transportation (Total Funds $5,000,000). (S:YES)(CC:NO) State General Funds $0 $0 80.100-Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $20,000,000 State General Funds $20,000,000 TOTAL AGENCY FUNDS $178,902 Intergovernmental Transfers $178,902 Intergovernmental Transfers Not Itemized $178,902 TOTAL PUBLIC FUNDS $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 Appropriation (HB 76) $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 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 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 Section Total - Continuation $3,068,589,491 $3,068,589,491 $3,068,589,491 $2,526,647,599 $2,526,647,599 $2,526,647,599 $109,968,257 $109,968,257 $109,968,257 $167,756,401 $167,756,401 $167,756,401 $264,217,234 $264,217,234 $264,217,234 $6,513,205,963 $6,513,205,963 $6,513,205,963 $26,643,401 $26,643,401 $26,643,401 $6,153,947,877 $6,153,947,877 $6,153,947,877 $332,614,685 $332,614,685 $332,614,685 $220,087,828 $220,087,828 $220,087,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,068,589,491 $2,526,647,599 $109,968,257 $167,756,401 $264,217,234 $6,513,205,963 $26,643,401 $6,153,947,877 $332,614,685 $220,087,828 $214,057,828 $214,057,828 $330,000 $330,000 $2,400,000 $2,400,000 $3,300,000 $3,300,000 2872 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS 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 Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $3,454,999,007 $1,168,519 $1,168,519 $1,168,519 $1,168,519 $3,172,973,226 $3,172,973,226 $3,172,973,226 $3,172,973,226 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $13,256,882,289 $13,256,882,289 $13,256,882,289 $13,256,882,289 Section Total - Final $3,062,325,153 $3,035,257,233 $3,048,904,898 $3,046,290,885 $2,512,132,321 $2,485,064,401 $2,498,712,066 $2,496,098,053 $109,968,257 $109,968,257 $109,968,257 $109,968,257 $167,969,114 $167,969,114 $167,969,114 $167,969,114 $272,255,461 $272,255,461 $272,255,461 $272,255,461 $6,975,127,110 $6,919,616,389 $6,944,108,414 $6,941,170,507 $26,643,401 $26,643,401 $26,643,401 $26,643,401 $6,522,902,731 $6,467,392,010 $6,491,884,035 $6,488,946,128 $425,580,978 $425,580,978 $425,580,978 $425,580,978 $221,287,828 $221,287,828 $221,287,828 $221,287,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $330,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,300,000 $3,400,123,480 $3,501,948,480 $3,501,948,480 $3,501,948,480 $3,400,123,480 $3,501,948,480 $3,501,948,480 $3,501,948,480 $1,168,519 $1,168,519 $1,168,519 $1,168,519 $3,118,097,699 $3,219,922,699 $3,219,922,699 $3,219,922,699 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $13,658,863,571 $13,678,109,930 $13,716,249,620 $13,710,697,700 TUESDAY, MARCH 31, 2015 2873 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments TOTAL PUBLIC FUNDS $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 $66,857,380 $66,857,380 $296,140,528 $1,921,233 $267,962,627 $26,256,668 $3,630,000 $330,000 $330,000 $3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012 81.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $195,109 $195,109 $195,109 $195,109 81.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,581 $101,581 $101,581 $101,581 81.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,883 $8,883 $8,883 $8,883 81.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $37,378 $37,378 $37,378 $45,924 2874 JOURNAL OF THE SENATE 81.5 Reduce funds for operations. State General Funds ($82,725) $0 ($82,725) $0 81.6 Eliminate funds for contracts. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 81.7 Reduce funds. State General Funds ($25) ($25) ($25) 81.8 Increase funds for personnel for additional audit staff to review presumptive eligibility determinations. (CC:Increase funds for personnel for additional audit staff to review presumptive eligibility determinations, and issue annual report on cost and accuracy of eligibility rates of enrollment by hospital) State General Funds $100,000 $75,000 81.9 The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1 et seq., is hereby authorized to submit a request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act. (CC:YES) State General Funds $0 81.100-Departmental Administration and Program Support Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $67,117,606 $65,200,306 $65,217,581 $65,283,852 State General Funds $67,117,606 $65,200,306 $65,217,581 $65,283,852 TOTAL FEDERAL FUNDS $296,140,528 $296,140,528 $296,140,528 $296,140,528 Federal Funds Not Itemized $1,921,233 $1,921,233 $1,921,233 $1,921,233 Medical Assistance Program CFDA93.778 $267,962,627 $267,962,627 $267,962,627 $267,962,627 State Children's Insurance Program CFDA93.767 $26,256,668 $26,256,668 $26,256,668 $26,256,668 TOTAL AGENCY FUNDS $3,630,000 $3,630,000 $3,630,000 $3,630,000 Rebates, Refunds, and Reimbursements $330,000 $330,000 $330,000 $330,000 Rebates, Refunds, and Reimbursements Not Itemized $330,000 $330,000 $330,000 $330,000 Sanctions, Fines, and Penalties $3,300,000 $3,300,000 $3,300,000 $3,300,000 Sanctions, Fines, and Penalties Not Itemized $3,300,000 $3,300,000 $3,300,000 $3,300,000 TUESDAY, MARCH 31, 2015 2875 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments TOTAL PUBLIC FUNDS $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,368,238 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $387,450,938 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $387,468,213 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $387,534,484 Georgia Board of Dentistry Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 $802,970 82.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,669 $5,669 $5,669 $5,669 82.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,732 $3,732 $3,732 $3,732 82.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $258 $258 $258 $258 82.4 Reduce funds for operations. State General Funds ($4,999) $0 ($4,999) $0 82.100-Georgia Board of Dentistry Appropriation (HB 76) The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted. TOTAL STATE FUNDS $807,630 $812,629 $807,630 $812,629 State General Funds $807,630 $812,629 $807,630 $812,629 TOTAL PUBLIC FUNDS $807,630 $812,629 $807,630 $812,629 2876 JOURNAL OF THE SENATE Georgia State Board of Pharmacy Continuation Budget The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 $744,573 83.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,284 $2,284 $2,284 $2,284 83.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,865 $3,865 $3,865 $3,865 83.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $104 $104 $104 $104 83.4 Reduce funds for operations. State General Funds ($4,999) $0 ($4,999) $0 83.100-Georgia State Board of Pharmacy Appropriation (HB 76) The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted. TOTAL STATE FUNDS $745,827 $750,826 $745,827 $750,826 State General Funds $745,827 $750,826 $745,827 $750,826 TOTAL PUBLIC FUNDS $745,827 $750,826 $745,827 $750,826 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. TUESDAY, MARCH 31, 2015 2877 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 $7,877,990 $7,877,990 $16,446,551 $16,030,301 $416,250 $24,324,541 84.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,620 $18,620 $18,620 $18,620 84.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,474 $15,474 $15,474 $15,474 84.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $848 $848 $848 $848 84.4 Eliminate funds for one-time funding of Federally Qualified Health Centers (FQHC) start-up grants. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 84.5 Increase funds for one-time funding for one Federally Qualified Health Center (FQHC) start-up grant (Wheeler County). State General Funds $250,000 $250,000 $250,000 84.6 Increase funds for the Rural Hospital Stabilization Committee's grants to critical access hospitals and other rural health care providers. (S:Submit a report to the General Assembly that includes funding structure, goals, performance measures, partnership documentation, a mechanism for how the rural hospital stabilization will increase access to obstetric care, and add additional site)(CC:Increase funds for the Rural Hospital Stabilization Committee's grants to critical access hospitals and other rural health care providers, and report to the General Assembly on progress and rural hospital stabilization efforts) State General Funds $3,000,000 $4,000,000 $3,000,000 84.7 Increase funds for increased capacity and expansion of services in charity clinics. State General Funds $1,000,000 $500,000 2878 JOURNAL OF THE SENATE 84.100 -Health Care Access and Improvement Appropriation (HB 76) 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 $6,912,932 $10,162,932 $12,162,932 $10,662,932 State General Funds $6,912,932 $10,162,932 $12,162,932 $10,662,932 TOTAL FEDERAL FUNDS $16,446,551 $16,446,551 $16,446,551 $16,446,551 Federal Funds Not Itemized $16,030,301 $16,030,301 $16,030,301 $16,030,301 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $23,359,483 $26,609,483 $28,609,483 $27,109,483 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 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 $7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743 $100,000 $100,000 $100,000 $16,802,640 85.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $96,187 $96,187 $96,187 $96,187 85.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $46,703 $46,703 $46,703 $46,703 TUESDAY, MARCH 31, 2015 2879 85.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,379 $4,379 $4,379 $4,379 85.4 Increase funds to replace funds lost as a result of updates to the cost allocation plan. State General Funds $2,895,661 $2,895,661 $2,895,661 $2,895,661 85.5 Increase funds for personnel for eight additional nurse surveyors. (S:Increase funds for personnel for four additional nurse surveyors)(CC:Increase funds for personnel for eight additional nurse surveyors) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $410,922 $410,922 $821,844 $410,922 $410,922 $821,844 $205,461 $205,461 $410,922 $410,922 $410,922 $821,844 85.100-Healthcare Facility Regulation Appropriation (HB 76) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $10,929,096 $10,929,096 $10,723,635 $10,929,096 State General Funds $10,929,096 $10,929,096 $10,723,635 $10,929,096 TOTAL FEDERAL FUNDS $9,638,318 $9,638,318 $9,432,857 $9,638,318 Federal Funds Not Itemized $5,904,653 $5,904,653 $5,904,653 $5,904,653 Medical Assistance Program CFDA93.778 $3,733,665 $3,733,665 $3,528,204 $3,733,665 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 $20,667,414 $20,667,414 $20,256,492 $20,667,414 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 $0 $0 $257,075,969 $0 $0 $257,075,969 $0 $0 $257,075,969 $0 $0 $257,075,969 2880 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493 86.1 Convene a task force of state legislators, Georgia hospital representatives, Governor's Office representatives, and the Commissioner of the Department of Community Health to develop and submit a plan to the General Assembly by August 1, 2015 to continue supporting uncompensated hospital care for poor and uninsured Georgians once the federal Disproportionate Share Hospital (DSH) funds have been reduced. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 86.2 Increase funds to reflect actual funds available. Sales and Services Not Itemized $1,000,000 $1,000,000 $1,000,000 $1,000,000 86.100 -Indigent Care Trust Fund Appropriation (HB 76) 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 TOTAL PUBLIC FUNDS $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 $257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524 $3,200,000 $3,200,000 $399,662,493 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. 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 TUESDAY, MARCH 31, 2015 2881 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 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 Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 $1,593,729,697 $1,397,353,148 $167,756,401 $28,620,148 $3,256,563,952 $2,787,214 $3,253,776,738 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269 87.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,607,849 $7,223,281 $10,831,130 $3,607,849 $7,223,281 $10,831,130 $3,607,849 $7,223,281 $10,831,130 $3,607,849 $7,223,281 $10,831,130 87.2 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($34,051,657) $34,051,657 $0 ($34,051,657) $34,051,657 $0 ($34,051,657) $34,051,657 $0 ($34,051,657) $34,051,657 $0 87.3 Increase funds for new Hepatitis C drugs. (H and S:YES; Utilize existing funds for new Hepatitis C drugs) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $22,832,100 $0 $0 $0 $47,205,017 $0 $0 $0 $70,037,117 $0 $0 $0 2882 JOURNAL OF THE SENATE 87.4 Increase funds for changes in rate calculations for nursing facility operator changes that occur after January 1, 2012 as directed by HB744 (2014 Session). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $8,749,685 $18,089,840 $26,839,525 $8,749,685 $18,089,840 $26,839,525 $8,749,685 $18,089,840 $26,839,525 $8,749,685 $18,089,840 $26,839,525 87.5 Increase funds for one-time funding for start-up costs for a voluntary case management program intended to improve the health outcomes of members. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $12,111,228 $0 $0 $0 $25,039,778 $0 $0 $0 $37,151,006 $0 $0 $0 87.6 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 87.7 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,583,000 $5,340,313 $7,923,313 $2,583,000 $5,340,313 $7,923,313 $2,583,000 $5,340,313 $7,923,313 $2,583,000 $5,340,313 $7,923,313 87.8 Increase funds to restore funds for unachievable savings from the implementation of case management. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $4,150,677 $8,581,461 $12,732,138 $4,150,677 $8,581,461 $12,732,138 $4,150,677 $8,581,461 $12,732,138 $4,150,677 $8,581,461 $12,732,138 87.9 Increase funds to reflect projected Nursing Home Provider Fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $439,781 $212,713 $652,494 $439,781 $212,713 $652,494 $439,781 $212,713 $652,494 $439,781 $212,713 $652,494 TUESDAY, MARCH 31, 2015 2883 87.10 Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in the Independent Care Waiver Program (ICWP). Medical Assistance Program CFDA93.778 $2,991,117 $2,991,117 $2,991,117 $2,991,117 87.11 Provide coverage of skilled nursing services in the Independent Care Waiver Program (ICWP) for individuals with severe physical disabilities who were previously receiving this service through the Georgia Pediatric Program (GAPP) waiver. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 87.12 Increase funds to provide a $.50 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP). (S:Increase funds to provide a $1.00 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP) for Direct Support Professionals)(CC:Increase funds to provide a $.75 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP) for Direct Support Professionals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,329,428 $2,748,200 $4,077,628 $2,658,856 $5,496,400 $8,155,256 $1,994,142 $4,122,858 $6,117,000 87.13 Increase funds to update nursing home reimbursement rates and fair rental value to reflect 2014 cost reports. (CC:NO) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $4,500,000 $0 $9,303,681 $0 $13,803,681 $0 87.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 76) 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 STATE FUNDS $1,614,425,292 $1,580,811,392 $1,586,640,820 $1,581,476,106 State General Funds $1,417,836,030 $1,384,222,130 $1,390,051,558 $1,384,886,844 Nursing Home Provider Fees $167,969,114 $167,969,114 $167,969,114 $167,969,114 Hospital Provider Fee $28,620,148 $28,620,148 $28,620,148 $28,620,148 2884 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $3,406,559,939 $2,787,214 $3,403,772,725 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,350,616,851 $3,337,063,344 $2,787,214 $3,334,276,130 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,247,506,356 $3,349,115,225 $2,787,214 $3,346,328,011 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,265,387,665 $3,338,438,002 $2,787,214 $3,335,650,788 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,249,545,728 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 $1,241,617,401 $897,879,278 $109,968,257 $233,769,866 $2,371,393,550 $2,371,393,550 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114 88.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $24,154,611 $48,359,980 $72,514,591 $24,154,611 $48,359,980 $72,514,591 $24,154,611 $48,359,980 $72,514,591 $24,154,611 $48,359,980 $72,514,591 TUESDAY, MARCH 31, 2015 2885 88.2 Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA) requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $15,194,943 $31,415,312 $46,610,255 $15,194,943 $31,415,312 $46,610,255 $6,161,400 $12,738,600 $18,900,000 $6,161,400 $12,738,600 $18,900,000 88.3 Increase funds to account for the continued implementation of 12-month eligibility reviews as required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $37,858,099 $78,271,039 $116,129,138 $37,858,099 $78,271,039 $116,129,138 $37,858,099 $78,271,039 $116,129,138 $37,858,099 $78,271,039 $116,129,138 88.4 Increase funds for the increased percentage of Medicaid-eligible individuals enrolling due to the Patient Protection and Affordable Care Act (PPACA), also known as the "Woodwork Effect." State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,844,224 $5,694,425 $8,538,649 $2,844,224 $5,694,425 $8,538,649 $2,844,224 $5,694,425 $8,538,649 $2,844,224 $5,694,425 $8,538,649 88.5 Reduce funds to eliminate one-time funding for the increase in state premium tax liability caused by the primary care provider (PCP) rate increase required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,100,000) ($2,202,312) ($3,302,312) ($1,100,000) ($2,202,312) ($3,302,312) ($1,100,000) ($2,202,312) ($3,302,312) ($1,100,000) ($2,202,312) ($3,302,312) 88.6 Reduce funds to eliminate one-time funds for foster care run-out claims. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($4,800,000) ($9,610,087) ($14,410,087) ($4,800,000) ($9,610,087) ($14,410,087) ($4,800,000) ($9,610,087) ($14,410,087) ($4,800,000) ($9,610,087) ($14,410,087) 88.7 Increase funds to restore funds that were transferred to the Department of Public Health in HB744 (2014 Session) for Georgia Center for Oncology Research and Education (CORE). State General Funds $225,000 $225,000 $225,000 $225,000 2886 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Total Public Funds: $465,184 $690,184 $465,184 $690,184 $465,184 $690,184 $465,184 $690,184 88.8 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $327,030 $676,130 $1,003,160 $327,030 $676,130 $1,003,160 $327,030 $676,130 $1,003,160 $327,030 $676,130 $1,003,160 88.9 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($26,269,120) $26,269,120 $0 ($28,636,720) $28,636,720 $0 ($28,636,720) $28,636,720 $0 ($28,636,720) $28,636,720 $0 88.10 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22% for children ages 6 to 19 with household incomes between 100% and 138% of the federal poverty line (FPL) who were moved from the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014, as required by the Patient Protection and Affordable Care Act (PPACA). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($18,943,200) $18,943,200 $0 ($18,943,200) $18,943,200 $0 ($18,943,200) $18,943,200 $0 ($18,943,200) $18,943,200 $0 88.11 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,764,000 $3,647,043 $5,411,043 $1,764,000 $3,647,043 $5,411,043 $1,764,000 $3,647,043 $5,411,043 $1,764,000 $3,647,043 $5,411,043 88.12 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse School of Medicine Grant program to increase the operating grant for medical education. State General Funds ($8,038,227) ($8,038,227) ($8,038,227) ($8,038,227) TUESDAY, MARCH 31, 2015 2887 88.13 Increase funds to reflect projected Hospital Provider Payment revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $16,618,911 $8,038,227 $24,657,138 $16,618,911 $8,038,227 $24,657,138 $16,618,911 $8,038,227 $24,657,138 $16,618,911 $8,038,227 $24,657,138 88.14 Increase funds for increased reimbursement rates for select OB/GYN codes to the 2014 Medicare fee schedule. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,957,049 $6,113,653 $9,070,702 $5,914,098 $12,227,306 $18,141,404 $5,914,098 $12,227,306 $18,141,404 88.15 Increase funds to provide reimbursement for rotary wing air ambulance adult transports at the pediatric rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 $500,000 $1,033,742 $1,533,742 88.16 Increase funds for increased reimbursement rates for select primary care codes. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,552,973 $3,210,748 $4,763,721 $13,584,388 $28,085,513 $41,669,901 $17,199,378 $35,559,450 $52,758,828 88.100 -Medicaid: Low-Income Medicaid Appropriation (HB 76) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,272,872,988 $1,275,515,410 $1,281,470,331 $1,285,085,321 State General Funds $921,096,638 $923,739,060 $929,693,981 $933,308,971 Tobacco Settlement Funds $109,968,257 $109,968,257 $109,968,257 $109,968,257 Hospital Provider Fee $241,808,093 $241,808,093 $241,808,093 $241,808,093 TOTAL FEDERAL FUNDS $2,589,941,495 $2,602,667,238 $2,614,978,944 $2,622,452,881 Medical Assistance Program CFDA93.778 $2,589,941,495 $2,602,667,238 $2,614,978,944 $2,622,452,881 TOTAL AGENCY FUNDS $12,328,316 $12,328,316 $12,328,316 $12,328,316 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 2888 JOURNAL OF THE SENATE State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $13,416,847 $3,888,559,646 $3,903,927,811 $3,922,194,438 $3,933,283,365 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 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 $93,922,150 $92,094,930 $1,827,220 $306,358,017 $306,358,017 $151,783 $151,783 $151,783 $400,431,950 89.1 Increase funds for projected growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $5,328,287 $17,520,287 $22,848,574 $5,328,287 $17,520,287 $22,848,574 $5,328,287 $17,520,287 $22,848,574 $5,328,287 $17,520,287 $22,848,574 89.2 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22%, as authorized by the Patient Protection and Affordable Care Act (PPACA). State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($74,650,629) $74,650,629 $0 ($74,650,629) $74,650,629 $0 ($74,650,629) $74,650,629 $0 ($74,650,629) $74,650,629 $0 89.3 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS). State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $9,288 $151,404 $160,692 $9,288 $151,404 $160,692 $9,288 $151,404 $160,692 $9,288 $151,404 $160,692 TUESDAY, MARCH 31, 2015 2889 89.4 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $39,505 $643,973 $683,478 $39,505 $643,973 $683,478 $39,505 $643,973 $683,478 $39,505 $643,973 $683,478 89.100 -PeachCare Appropriation (HB 76) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $24,648,601 $24,648,601 $24,648,601 $24,648,601 State General Funds $22,821,381 $22,821,381 $22,821,381 $22,821,381 Hospital Provider Fee $1,827,220 $1,827,220 $1,827,220 $1,827,220 TOTAL FEDERAL FUNDS $399,324,310 $399,324,310 $399,324,310 $399,324,310 State Children's Insurance Program CFDA93.767 $399,324,310 $399,324,310 $399,324,310 $399,324,310 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 $424,124,694 $424,124,694 $424,124,694 $424,124,694 State Health Benefit Plan Continuation Budget The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 $0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641 90.1 Increase funds to annualize the cost of a pilot program to provide coverage for the treatment of autism spectrum disorders (ASDs) effective January 1, 2015. Health Insurance Payments $2,410,661 $2,410,661 $2,410,661 $2,410,661 2890 JOURNAL OF THE SENATE 90.2 Increase funds to annualize the cost for providing coverage for hearing aids for children effective January 1, 2015. Health Insurance Payments $853,980 $853,980 $853,980 $853,980 90.3 Increase funds to annualize the cost of the bariatric surgery pilot program effective January 1, 2015. (H and S:NO; Annualize funds at the current level for the bariatric surgery pilot program) Health Insurance Payments $5,400,000 $3,000,000 $3,000,000 $3,000,000 90.4 Increase funds for members requiring treatment with the new Hepatitis C drugs. (H and S:YES; Utilize existing funds for members requiring treatment with the new Hepatitis C drugs) Health Insurance Payments $15,400,000 $0 $0 $0 90.5 Reduce funds to reflect a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments ($4,924,000) ($4,924,000) ($4,924,000) ($4,924,000) 90.6 Increase funds to account for limits imposed on cost sharing by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $46,470,000 $46,470,000 $46,470,000 $46,470,000 90.7 Increase funds to account for the projected increased enrollment due to the individual mandate and auto-enrollment of new employees as required by the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $14,155,000 $14,155,000 $14,155,000 $14,155,000 90.8 Reduce funds to reflect savings from removing copayments from health reimbursement arrangement (HRA) plans. Health Insurance Payments ($58,000,000) ($58,000,000) ($58,000,000) ($58,000,000) 90.9 Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes. Health Insurance Payments ($174,853,282) ($174,853,282) ($174,853,282) ($174,853,282) 90.10 Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities. Health Insurance Payments $98,212,114 $115,012,114 $115,012,114 $115,012,114 TUESDAY, MARCH 31, 2015 2891 90.11 Delay the implementation of the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 per member per month to $746.20 per member per month, deferring the collection of an estimated $102,825,000 in revenue for the SHBP. (G:YES)(H:NO; Increase funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month)(S:NO; Increase funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month and follow O.C.G.A. 20-2-910 et seq.)(CC:NO; Follow O.C.G.A. 20-2-910 et seq. and increase funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month) Health Insurance Payments $0 $102,825,000 $102,825,000 $102,825,000 90.12 Effective January 1, 2016, eliminate SHBP coverage for non-certificated public school employees, as defined in O.C.G.A. 202-910, who work, on average, fewer than 30 hours per week. (G:YES)(H and S:NO; Maintain SHBP coverage for noncertificated public school employees as defined in O.C.G.A. 20-2-910) Health Insurance Payments $0 $0 $0 $0 90.13 The State Health Benefit Plan shall adopt an emerging technology program allowing members to receive routine episodic care through a consumer oriented telemedicine vendor. (H:YES)(S:YES) Health Insurance Payments $0 $0 $0 90.100-State Health Benefit Plan Appropriation (HB 76) 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 $3,096,786,114 $3,096,786,114 $3,096,786,114 $3,096,786,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114 Physician Workforce, Georgia Board for: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. 2892 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 $695,782 91.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,793 $4,793 $4,793 $695,782 $695,782 $695,782 $4,793 91.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,471 $3,471 $3,471 $3,471 91.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $218 $218 $218 $218 91.4 Eliminate funds for personnel for two vacant positions and transfer savings from the Georgia Board for Physician Workforce: Board Administration program to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties. (H and S:Eliminate one vacant position and transfer savings to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties) State General Funds ($96,006) ($44,806) ($44,806) ($44,806) 91.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $608,258 $659,458 State General Funds $608,258 $659,458 TOTAL PUBLIC FUNDS $608,258 $659,458 Appropriation (HB 76) $659,458 $659,458 $659,458 $659,458 $659,458 $659,458 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 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 $8,905,464 TUESDAY, MARCH 31, 2015 2893 92.1 Increase funds for 11 new residency slots in primary care specialties. State General Funds $172,768 $172,768 $172,768 $172,768 92.2 Transfer funds from the Georgia Board for Physician Workforce: Physicians for Rural Areas program to the Georgia Board for Physician Workforce: Graduate Medical Education program to align budget expenditures and fund three new residency slots in primary care specialties. State General Funds $40,000 $40,000 $40,000 $40,000 92.3 Transfer funds from the Georgia Board for Physician Workforce: Board Administration program to the Georgia Board for Physician Workforce: Graduate Medical Education program to align budget expenditures and fund six new residency slots in primary care specialties. State General Funds $96,006 $96,006 $96,006 $96,006 92.4 Increase funds for increased capitation residency grants. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $609,500 $1,260,131 $1,869,631 $771,000 $1,594,030 $2,365,030 $799,981 $1,653,948 $2,453,929 92.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 76) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $9,214,238 $9,823,738 $9,985,238 $10,014,219 State General Funds $9,214,238 $9,823,738 $9,985,238 $10,014,219 TOTAL FEDERAL FUNDS $1,260,131 $1,594,030 $1,653,948 Medical Assistance Program CFDA93.778 $1,260,131 $1,594,030 $1,653,948 TOTAL PUBLIC FUNDS $9,214,238 $11,083,869 $11,579,268 $11,668,167 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. 2894 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 $22,769,911 93.1 Increase funds for clinical rotations at the rural health initiative. State General Funds $250,000 $250,000 93.2 Increase funds for the expansion of the three-year Family Medicine Accelerated Track program. State General Funds $1,020,000 $1,020,000 $22,769,911 $22,769,911 $22,769,911 $250,000 $1,020,000 93.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 76) 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 $22,769,911 $24,039,911 $24,039,911 $24,039,911 State General Funds $22,769,911 $24,039,911 $24,039,911 $24,039,911 TOTAL PUBLIC FUNDS $22,769,911 $24,039,911 $24,039,911 $24,039,911 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 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 $15,933,643 94.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse School of Medicine Grant program to increase the operating grant for medical education. State General Funds $8,038,227 $8,038,227 $8,038,227 $8,038,227 TUESDAY, MARCH 31, 2015 2895 94.99 CC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. Senate: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. House: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. Governor: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. State General Funds $0 $0 $0 $0 94.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 76) The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. TOTAL STATE FUNDS $23,971,870 $23,971,870 $23,971,870 $23,971,870 State General Funds $23,971,870 $23,971,870 $23,971,870 $23,971,870 TOTAL PUBLIC FUNDS $23,971,870 $23,971,870 $23,971,870 $23,971,870 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 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 $1,070,000 2896 JOURNAL OF THE SENATE 95.1 Reduce funds for the medical recruitment fair and transfer savings from Georgia Board for Physician Workforce: Physicians for Rural Areas to the Georgia Board for Physician Workforce: Graduate Medical Education program for three new residency slots. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 95.2 Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 95.3 Increase funds to reinstate a rural dentistry loan repayment program. State General Funds $200,000 $200,000 $200,000 95.4 Increase funds for the expansion of the rural Family Medicine Accelerated Track program. State General Funds $180,000 $180,000 $180,000 95.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 76) 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 $1,030,000 $1,410,000 $1,410,000 $1,410,000 State General Funds $1,030,000 $1,410,000 $1,410,000 $1,410,000 TOTAL PUBLIC FUNDS $1,030,000 $1,410,000 $1,410,000 $1,410,000 Physician Workforce, Georgia Board for: Undergraduate Medical Education Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with medical schools in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 $2,087,250 TUESDAY, MARCH 31, 2015 2897 96.1 Increase funds for five additional capitation awards for osteopathic medical students. State General Funds $31,818 $31,818 $31,818 96.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 76) 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 $2,087,250 $2,119,068 $2,119,068 $2,119,068 State General Funds $2,087,250 $2,119,068 $2,119,068 $2,119,068 TOTAL PUBLIC FUNDS $2,087,250 $2,119,068 $2,119,068 $2,119,068 Georgia Composite Medical Board Continuation Budget License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 $2,189,014 $2,189,014 $100,000 $100,000 $100,000 $2,289,014 97.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,733 $35,733 $35,733 $35,733 97.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,002 $13,002 $13,002 $13,002 97.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,627 $1,627 $1,627 $1,627 2898 JOURNAL OF THE SENATE 97.4 Increase funds to annualize operations of implementing the Cosmetic Laser Services Act as required by HB528 (2007 Session). State General Funds $13,110 $13,110 $13,110 $13,110 97.5 Increase funds to reflect the collection of administrative fees. Sales and Services Not Itemized $200,000 $200,000 $200,000 $200,000 97.6 Utilize existing funds from contracts ($21,890) for the Cosmetic Laser Services Act implementation. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 97.7 Increase funds for implementation of HB1 (2015 Session). State General Funds $25,000 97.100-Georgia Composite Medical Board Appropriation (HB 76) License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. TOTAL STATE FUNDS $2,252,486 $2,252,486 $2,252,486 $2,277,486 State General Funds $2,252,486 $2,252,486 $2,252,486 $2,277,486 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $2,552,486 $2,552,486 $2,552,486 $2,577,486 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 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 $1,911,022 TUESDAY, MARCH 31, 2015 2899 98.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,018 $27,018 $27,018 $27,018 98.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,008 $11,008 $11,008 $11,008 98.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,230 $1,230 $1,230 $1,230 98.4 Reduce funds for operations. State General Funds ($19,110) $0 $0 $0 98.5 Increase funds to continue operation of the Georgia Prescription Drug Monitoring Program (PDMP). State General Funds $199,232 $99,232 $199,232 98.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 76) 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 $1,931,168 $2,149,510 $2,049,510 $2,149,510 State General Funds $1,931,168 $2,149,510 $2,049,510 $2,149,510 TOTAL PUBLIC FUNDS $1,931,168 $2,149,510 $2,049,510 $2,149,510 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 Section Total - Continuation $1,148,527,802 $1,148,527,802 $1,148,527,802 $1,148,527,802 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $470,555 $470,555 $470,555 $470,555 $13,581,649 $13,581,649 $13,581,649 $655,104 $655,104 $655,104 $655,104 $655,104 $655,104 $1,148,527,802 $1,148,527,802 $470,555 $470,555 $13,581,649 $655,104 $655,104 2900 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $1,162,580,006 $1,162,580,006 $1,162,580,006 $1,162,580,006 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 $1,195,724,513 $1,192,605,259 $1,195,724,513 $1,192,605,259 $470,555 $470,555 $470,555 $470,555 $13,581,649 $13,581,649 $655,104 $655,104 $655,104 $655,104 $12,926,545 $12,926,545 $12,926,545 $12,926,545 $1,209,776,717 $1,206,657,463 $1,192,605,259 $1,192,605,259 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,657,463 $1,192,212,984 $1,192,212,984 $470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,265,188 County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 $596,724 99.1 Reduce funds to reflect projected expenditures. State General Funds ($546,724) ($546,724) ($546,724) 99.100 -County Jail Subsidy Appropriation (HB 76) 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 $596,724 $50,000 $50,000 $50,000 State General Funds $596,724 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $596,724 $50,000 $50,000 $50,000 TUESDAY, MARCH 31, 2015 2901 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 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 $37,424,074 $37,424,074 $70,555 $70,555 $37,494,629 100.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $250,438 $250,438 $250,438 $250,438 100.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $170,767 $170,767 $170,767 $170,767 100.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $45,439 $45,439 $45,439 $45,439 100.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,090 $5,090 $5,090 $7,816 100.5 Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (S and CC:Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program and the Georgia Prisoner Reentry Initiative (GA-PRI)) State General Funds $840,075 $840,075 $840,075 $840,075 100.6 Increase funds and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing program and other support services to enhance the Governor's Criminal Justice Reform Initiative. (S and CC:Increase funds 2902 JOURNAL OF THE SENATE and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing program and other support services to enhance the Governor's Criminal Justice Reform Initiative and the GA-PRI) State General Funds $830,815 $830,815 $830,815 $830,815 100.100-Departmental Administration Appropriation (HB 76) 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 $39,566,698 $39,566,698 $39,566,698 $39,569,424 State General Funds $39,566,698 $39,566,698 $39,566,698 $39,569,424 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 $39,637,253 $39,637,253 $39,637,253 $39,639,979 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 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 $29,686,825 $29,686,825 $450,000 $450,000 $450,000 $30,136,825 101.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $328,638 $328,638 $328,638 $328,638 101.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $198,010 $198,010 $198,010 $198,010 TUESDAY, MARCH 31, 2015 2903 101.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,838 $8,838 $8,838 $8,838 101.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $6,679 $6,679 $6,679 $10,255 101.100 -Detention Centers Appropriation (HB 76) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. TOTAL STATE FUNDS $30,228,990 $30,228,990 $30,228,990 $30,232,566 State General Funds $30,228,990 $30,228,990 $30,228,990 $30,232,566 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 $30,678,990 $30,678,990 $30,678,990 $30,682,566 Food and Farm Operations Continuation Budget The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 $27,545,393 $27,545,393 $300,000 $300,000 $27,845,393 102.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,173 $9,173 $9,173 $9,173 2904 JOURNAL OF THE SENATE 102.2 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $505 $505 $505 $505 102.100-Food and Farm Operations Appropriation (HB 76) 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 $27,555,071 $27,555,071 $27,555,071 $27,555,071 State General Funds $27,555,071 $27,555,071 $27,555,071 $27,555,071 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $27,855,071 $27,855,071 $27,855,071 $27,855,071 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 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 $199,992,975 $199,992,975 $390,000 $390,000 $390,000 $200,382,975 103.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $182,136 $182,136 $182,136 $182,136 103.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $666,495 $666,495 $666,495 $666,495 103.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $662,388 $662,388 $662,388 $662,388 TUESDAY, MARCH 31, 2015 2905 103.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,630 $2,630 $2,630 $2,630 103.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,702 $3,702 $3,702 $5,684 103.6 Increase funds for inmates requiring treatment with new Hepatitis C drugs. (H and CC:YES; Utilize existing funds for inmates requiring treatment with the new Hepatitis C drugs) State General Funds $2,572,530 $0 $1,000,000 $0 103.7 Utilize existing funds to implement electronic health records. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 103.100 -Health Appropriation (HB 76) 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 $204,082,856 $201,510,326 $202,510,326 $201,512,308 State General Funds $204,082,856 $201,510,326 $202,510,326 $201,512,308 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 $204,472,856 $201,900,326 $202,900,326 $201,902,308 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 $42,491,807 $42,491,807 $30,000 $42,491,807 $42,491,807 $30,000 $42,491,807 $42,491,807 $30,000 $42,491,807 $42,491,807 $30,000 2906 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,000 $30,000 $42,521,807 $30,000 $30,000 $42,521,807 $30,000 $30,000 $42,521,807 $30,000 $30,000 $42,521,807 104.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $50,483 $50,483 $50,483 $50,483 104.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $25,591 $25,591 $25,591 $25,591 104.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,089 $1,089 $1,089 $1,089 104.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,026 $1,026 $1,026 $1,575 104.5 Utilize existing funds to raise the daily rate paid for inmates held in county prisons from $20 to $21. (S:YES)(CC:NO) State General Funds $0 $0 104.100 -Offender Management Appropriation (HB 76) 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 $42,569,996 $42,569,996 $42,569,996 $42,570,545 State General Funds $42,569,996 $42,569,996 $42,569,996 $42,570,545 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 $42,599,996 $42,599,996 $42,599,996 $42,600,545 TUESDAY, MARCH 31, 2015 2907 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 $134,908,024 105.1 Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational programs. (S and CC:Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational programs in support of GA-PRI) State General Funds $2,000,000 $2,000,000 $2,000,000 $2,000,000 105.2 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet projected expenditures. State General Funds ($1,512,416) ($1,512,416) ($1,512,416) ($1,512,416) 105.100 -Private Prisons Appropriation (HB 76) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $135,395,608 $135,395,608 $135,395,608 $135,395,608 State General Funds $135,395,608 $135,395,608 $135,395,608 $135,395,608 TOTAL PUBLIC FUNDS $135,395,608 $135,395,608 $135,395,608 $135,395,608 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 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 $108,210,676 $108,210,676 $17,046 $17,046 $17,046 $108,227,722 2908 JOURNAL OF THE SENATE 106.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,262,087 $1,262,087 $1,262,087 $1,262,087 106.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $703,641 $703,641 $703,641 $703,641 106.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $26,253 $26,253 $26,253 $26,253 106.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $25,650 $25,650 $25,650 $39,385 106.5 Increase funds for operations and to meet projected expenditures. State General Funds $598,767 $598,767 $598,767 $598,767 106.6 Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the Georgia Prison Reentry Initiative. (S and CC:Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah in support of GA-PRI) State General Funds $467,132 $467,132 $467,132 $467,132 106.7 Increase funds to implement GED Preparation Learning Centers in Day Reporting Centers. State General Funds $534,088 $534,088 $534,088 $534,088 106.8 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet projected expenditures. State General Funds $1,512,416 $1,512,416 $1,512,416 $1,512,416 106.100 -Probation Supervision Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 2909 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 $113,340,710 $113,340,710 $17,046 $17,046 $17,046 $113,357,756 $113,354,445 $113,354,445 $17,046 $17,046 $17,046 $113,371,491 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 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 $538,699,137 $538,699,137 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740 107.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,335,941 $7,335,941 $7,335,941 $7,335,941 107.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,349,465 $3,349,465 $3,349,465 $3,349,465 107.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $52,218 $52,218 $52,218 $52,218 2910 JOURNAL OF THE SENATE 107.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $149,092 $149,092 $149,092 $228,927 107.5 Increase funds for a close security position for security personnel to address recruitment and retention at close security and special mission prisons. State General Funds $12,058,092 $12,058,092 $12,058,092 $12,058,092 107.6 Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine months and to expand to an additional facility. (S and CC:Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine months and to expand to an additional facility in support of GAPRI) State General Funds $1,452,605 $1,452,605 $1,452,605 $1,452,605 107.7 Increase funds for diesel mechanics and welding vocational programs in state prisons. (S and CC:Increase funds for diesel mechanics and welding vocational programs in state prisons in support of GA-PRI) State General Funds $1,287,996 $1,287,996 $1,287,996 $1,287,996 107.8 Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations. (S and CC:Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations in support of GA-PRI) State General Funds $481,839 $481,839 $481,839 $481,839 107.9 Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and academic programs. (S and CC:Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and academic programs in support of GA-PRI) State General Funds $5,997,840 $5,997,840 $5,997,840 $5,997,840 107.10 Increase funds for additional GED testing in state prisons. (S and CC:Increase funds for additional GED testing in state prisons in support of GA-PRI) State General Funds $256,000 $256,000 $256,000 $256,000 TUESDAY, MARCH 31, 2015 2911 107.11 Increase funds for personnel for six positions and operations to create a GED fast track program. (S and CC:Increase funds for personnel for six positions and operations to create a GED fast track program in support of GA-PRI) State General Funds $1,307,222 $1,307,222 $1,307,222 $1,307,222 107.12 Reduce funds for personnel to reflect projected expenditures. State General Funds ($1,000,000) ($500,000) 107.100 -State Prisons Appropriation (HB 76) 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 $572,427,447 $572,427,447 $571,427,447 $572,007,282 State General Funds $572,427,447 $572,427,447 $571,427,447 $572,007,282 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $12,694,603 $12,694,603 $12,694,603 $12,694,603 Royalties and Rents $655,104 $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 $655,104 Sales and Services $12,039,499 $12,039,499 $12,039,499 $12,039,499 Sales and Services Not Itemized $12,039,499 $12,039,499 $12,039,499 $12,039,499 TOTAL PUBLIC FUNDS $585,222,050 $585,222,050 $584,222,050 $584,801,885 Transition Centers Continuation Budget The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 $28,972,167 2912 JOURNAL OF THE SENATE 108.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $488,997 $488,997 $488,997 $488,997 108.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $178,406 $178,406 $178,406 $178,406 108.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,948 $5,948 $5,948 $5,948 108.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $9,938 $9,938 $9,938 $15,260 108.5 Increase funds to implement GED Preparation Learning Centers. (S and CC:Increase funds to implement GED Preparation Learning Centers in support of GA-PRI) State General Funds $304,957 $304,957 $304,957 $304,957 108.100 -Transition Centers Appropriation (HB 76) 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 $29,960,413 $29,960,413 $29,960,413 $29,965,735 State General Funds $29,960,413 $29,960,413 $29,960,413 $29,965,735 TOTAL PUBLIC FUNDS $29,960,413 $29,960,413 $29,960,413 $29,965,735 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Continuation $9,496,994 $9,496,994 $9,496,994 $9,496,994 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $44,969,886 $44,969,886 $44,969,886 $44,969,886 $2,679,416 $2,679,416 $2,679,416 $1,298,447 $1,298,447 $1,298,447 $9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 TUESDAY, MARCH 31, 2015 2913 Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,146,296 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $10,131,696 $10,131,696 $10,131,696 $10,131,696 $44,969,886 $44,969,886 $44,969,886 $44,969,886 $2,679,416 $2,679,416 $1,298,447 $1,298,447 $1,298,447 $1,298,447 $171,171 $171,171 $171,171 $171,171 $1,209,798 $1,209,798 $1,209,798 $1,209,798 $57,780,998 $57,780,998 $10,131,696 $10,131,696 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,780,998 $10,133,637 $10,133,637 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447 $171,171 $171,171 $1,209,798 $1,209,798 $57,782,939 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 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 $1,115,324 $1,115,324 $723,528 $723,528 $1,838,852 109.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,846 $14,846 $14,846 $14,846 2914 JOURNAL OF THE SENATE 109.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,683 $7,683 $7,683 $7,683 109.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,172 $4,172 $4,172 $4,172 109.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $670 $670 $670 $1,354 109.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,142,695 $1,142,695 $1,142,695 $1,143,379 State General Funds $1,142,695 $1,142,695 $1,142,695 $1,143,379 TOTAL FEDERAL FUNDS $723,528 $723,528 $723,528 $723,528 Federal Funds Not Itemized $723,528 $723,528 $723,528 $723,528 TOTAL PUBLIC FUNDS $1,866,223 $1,866,223 $1,866,223 $1,866,907 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 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 $5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447 $171,171 $171,171 TUESDAY, MARCH 31, 2015 2915 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,206,278 $1,206,278 $41,363,733 $1,206,278 $1,206,278 $41,363,733 $1,206,278 $1,206,278 $41,363,733 $1,206,278 $1,206,278 $41,363,733 110.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,458 $40,458 $40,458 $40,458 110.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,743 $19,743 $19,743 $19,743 110.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,204 $11,204 $11,204 $11,204 110.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $273 $273 $273 $552 110.100 -Military Readiness Appropriation (HB 76) 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 $5,086,143 $5,086,143 $5,086,143 $5,086,422 State General Funds $5,086,143 $5,086,143 $5,086,143 $5,086,422 TOTAL FEDERAL FUNDS $33,673,372 $33,673,372 $33,673,372 $33,673,372 Federal Funds Not Itemized $33,673,372 $33,673,372 $33,673,372 $33,673,372 TOTAL AGENCY FUNDS $2,675,896 $2,675,896 $2,675,896 $2,675,896 Intergovernmental Transfers $1,298,447 $1,298,447 $1,298,447 $1,298,447 Intergovernmental Transfers Not Itemized $1,298,447 $1,298,447 $1,298,447 $1,298,447 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 $1,206,278 $1,206,278 $1,206,278 $1,206,278 Sales and Services Not Itemized $1,206,278 $1,206,278 $1,206,278 $1,206,278 TOTAL PUBLIC FUNDS $41,435,411 $41,435,411 $41,435,411 $41,435,690 2916 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 $3,367,205 $3,367,205 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $13,943,711 111.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $39,859 $39,859 $39,859 $39,859 111.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,122 $17,122 $17,122 $17,122 111.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $21,530 $21,530 $21,530 $21,530 111.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $957 $957 $957 $1,935 111.5 Increase funds for personnel and operations to support the implementation of a new Youth Challenge Academy in Milledgeville. State General Funds $456,185 $456,185 $456,185 $456,185 111.100 -Youth Educational Services Appropriation (HB 76) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. TUESDAY, MARCH 31, 2015 2917 TOTAL 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 $3,902,858 $3,902,858 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $14,479,364 $3,902,858 $3,902,858 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $14,479,364 $3,902,858 $3,902,858 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $14,479,364 $3,903,836 $3,903,836 $10,572,986 $10,572,986 $3,520 $3,520 $3,520 $14,480,342 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 $63,039,864 $63,039,864 $63,039,864 $63,039,864 $63,039,864 $63,039,864 $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 $65,883,985 $65,883,985 $65,883,985 $63,039,864 $63,039,864 $2,844,121 $2,844,121 $2,844,121 $65,883,985 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $67,422,246 $67,102,820 $67,422,246 $67,102,820 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $70,266,367 $69,946,941 $67,062,820 $67,062,820 $2,844,121 $2,844,121 $2,844,121 $69,906,941 $67,096,307 $67,096,307 $2,844,121 $2,844,121 $2,844,121 $69,940,428 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 $9,365,723 $9,365,723 $500,857 $9,365,723 $9,365,723 $500,857 $9,365,723 $9,365,723 $500,857 $9,365,723 $9,365,723 $500,857 2918 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $9,866,580 $500,857 $500,857 $9,866,580 $500,857 $500,857 $9,866,580 $500,857 $500,857 $9,866,580 112.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $73,624 $73,624 $73,624 $73,624 112.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,495 $35,495 $35,495 $35,495 112.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. (S and CC:Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs) State General Funds ($13,437) ($13,437) $20,990 $20,990 112.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $18,490 $18,490 $18,490 $31,977 112.100-Customer Service Support Appropriation (HB 76) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,479,895 $9,479,895 $9,514,322 $9,527,809 State General Funds $9,479,895 $9,479,895 $9,514,322 $9,527,809 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 $9,980,752 $9,980,752 $10,015,179 $10,028,666 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. TUESDAY, MARCH 31, 2015 2919 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 $52,788,293 $52,788,293 $1,827,835 $1,827,835 $1,827,835 $54,616,128 113.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $461,692 $461,692 $461,692 $461,692 113.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $236,698 $236,698 $236,698 $236,698 113.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($59,244) ($59,244) ($93,671) ($93,671) 113.4 Increase funds for personnel and operations for the new Paulding ($924,056) and Cobb ($299,676) County Customer Service Centers. State General Funds $1,223,732 $1,223,732 $1,223,732 $1,223,732 113.5 Increase funds for personnel for recruitment and retention initiatives for Customer Service Center employees. State General Funds $1,500,314 $1,500,314 $1,500,314 $1,500,314 113.6 Increase funds for rent for the Sandy Springs Customer Service Center. State General Funds $240,000 $240,000 $200,000 $220,000 113.7 Increase funds for a new commercial driver's license pad in West Georgia. State General Funds $500,000 $500,000 $500,000 $500,000 113.8 Increase funds for personnel and operations for the new Fayetteville Customer Service Center. State General Funds $150,000 $150,000 $150,000 $150,000 2920 JOURNAL OF THE SENATE 113.9 Reduce funds for the Fulton County Customer Service Center for rent provided in FY2015 to reflect the purchase of a new building. State General Funds ($300,000) ($300,000) ($300,000) 113.10 Reduce funds for the Bainbridge Customer Service Center to reflect actual expenditures. State General Funds ($19,426) ($19,426) ($19,426) 113.11 Utilize other funds received from rent collections ($50,000) for maintenance of the new Fulton County Customer Service Center building. (H:YES)(S:YES) Royalties and Rents Not Itemized $0 $0 $0 113.12 Utilize savings ($300,000) from reduced turnover rates due to recruitment and retention initiatives for maintenance. (S:YES)(CC:YES) State General Funds $0 $0 113.13 Utilize existing funds ($96,000) for the Macon Customer Service Center for rent. (S:YES)(CC:YES; Utilize existing funds ($76,000) for the Macon Customer Service Center for rent) State General Funds $0 $0 113.100 -License Issuance Appropriation (HB 76) 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 $57,041,485 $56,722,059 $56,647,632 $56,667,632 State General Funds $57,041,485 $56,722,059 $56,647,632 $56,667,632 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $58,869,320 $58,549,894 $58,475,467 $58,495,467 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; and to certify ignition interlock device providers. TUESDAY, MARCH 31, 2015 2921 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 $885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277 114.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,030 $11,030 $11,030 $11,030 114.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,838 $4,838 $4,838 $4,838 114.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($850) ($850) ($850) ($850) 114.100 -Regulatory Compliance Appropriation (HB 76) 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 STATE FUNDS $900,866 $900,866 $900,866 $900,866 State General Funds $900,866 $900,866 $900,866 $900,866 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 $1,416,295 $1,416,295 $1,416,295 $1,416,295 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $369,793,520 $369,793,520 $369,793,520 $55,493,488 $55,493,488 $55,493,488 $369,793,520 $55,493,488 2922 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 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 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215 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 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 Section Total - Final $376,822,861 $376,822,861 $55,527,513 $55,527,513 $321,295,348 $321,295,348 $346,366,695 $346,366,695 $135,377,190 $135,377,190 $101,618,088 $101,618,088 $109,371,417 $109,371,417 $26,000 $26,000 $26,000 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $723,275,556 $723,275,556 $376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556 $376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417 $26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556 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. TUESDAY, MARCH 31, 2015 2923 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 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $21,000 $245,146,508 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $21,000 $245,146,508 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $21,000 $245,146,508 $55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932 $21,000 $21,000 $21,000 $245,146,508 115.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,171 $24,171 $24,171 $24,171 115.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,473 $10,473 $10,473 $10,473 115.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($619) ($619) ($619) ($619) 115.100 -Child Care Services Appropriation (HB 76) 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 $55,527,513 $55,527,513 $55,527,513 $55,527,513 State General Funds $55,527,513 $55,527,513 $55,527,513 $55,527,513 TOTAL FEDERAL FUNDS $189,632,020 $189,632,020 $189,632,020 $189,632,020 CCDF Mandatory & Matching Funds CFDA93.596 $101,618,088 $101,618,088 $101,618,088 $101,618,088 Child Care & Development Block Grant CFDA93.575 $88,013,932 $88,013,932 $88,013,932 $88,013,932 TOTAL AGENCY FUNDS $21,000 $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements $21,000 $21,000 $21,000 $21,000 Rebates, Refunds, and Reimbursements Not Itemized $21,000 $21,000 $21,000 $21,000 TOTAL PUBLIC FUNDS $245,180,533 $245,180,533 $245,180,533 $245,180,533 2924 JOURNAL OF THE SENATE Nutrition Continuation Budget The purpose of this appropriation is to ensure that USDA-compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $125,550,000 $125,550,000 $125,550,000 $0 $0 $125,550,000 $125,550,000 $125,550,000 $0 $0 $125,550,000 $125,550,000 $125,550,000 $0 $0 $125,550,000 $125,550,000 $125,550,000 116.100 -Nutrition Appropriation (HB 76) 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 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 $125,550,000 Pre-Kindergarten Program Continuation Budget The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four-year-olds. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 $314,300,032 $0 $314,300,032 $162,400 $162,400 $314,462,432 117.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $79,418 $79,418 $79,418 $79,418 TUESDAY, MARCH 31, 2015 2925 117.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. Lottery Proceeds $278,477 $278,477 $278,477 $278,477 117.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Lottery Proceeds $2,160,681 $2,160,681 $2,160,681 $2,160,681 117.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Lottery Proceeds ($2,033) ($2,033) ($2,033) ($2,033) 117.5 Increase funds to reflect an adjustment in Teamworks billings. Lottery Proceeds $1,956 $1,956 $1,956 $1,956 117.6 Increase funds to restore two teacher planning days from eight to 10 planning days. Lottery Proceeds $3,036,817 $3,036,817 $3,036,817 $3,036,817 117.7 Increase funds for 60 additional classes in the Summer Transition Program to offer additional instruction and transition services to low income eligible rising Pre-Kindergarteners and rising Kindergarteners. Lottery Proceeds $1,440,000 $1,440,000 $1,440,000 $1,440,000 117.100-Pre-Kindergarten Program Appropriation (HB 76) 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 $321,295,348 $321,295,348 $321,295,348 $321,295,348 Lottery Proceeds $321,295,348 $321,295,348 $321,295,348 $321,295,348 TOTAL FEDERAL FUNDS $162,400 $162,400 $162,400 $162,400 Federal Funds Not Itemized $162,400 $162,400 $162,400 $162,400 TOTAL PUBLIC FUNDS $321,457,748 $321,457,748 $321,457,748 $321,457,748 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. 2926 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 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 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 118.100 -Quality Initiatives Appropriation (HB 76) 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 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 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Continuation $35,515,271 $35,515,271 $35,515,271 $33,620,285 $33,620,285 $33,620,285 $1,894,986 $1,894,986 $1,894,986 $35,515,271 $33,620,285 $1,894,986 TUESDAY, MARCH 31, 2015 2927 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $74,021,318 $74,021,318 $109,536,589 $74,021,318 $74,021,318 $109,536,589 $74,021,318 $74,021,318 $109,536,589 $74,021,318 $74,021,318 $109,536,589 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $30,027,716 $29,347,716 $30,027,716 $29,347,716 $74,021,318 $74,021,318 $74,021,318 $74,021,318 $104,049,034 $103,369,034 $30,917,716 $30,917,716 $74,021,318 $74,021,318 $104,939,034 $30,822,634 $30,822,634 $74,021,318 $74,021,318 $104,843,952 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 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 $4,143,943 119.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $48,286 $48,286 $48,286 $48,286 119.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $23,477 $23,477 $23,477 $23,477 119.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($17,868) ($17,868) ($17,868) ($17,868) 119.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,497 $10,497 $10,497 $15,415 2928 JOURNAL OF THE SENATE 119.5 Increase funds for personnel and operations for one position to support international relations and trade events. State General Funds $295,389 $265,389 $265,389 $265,389 119.100-Departmental Administration Appropriation (HB 76) 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 $4,503,724 $4,473,724 $4,473,724 $4,478,642 State General Funds $4,503,724 $4,473,724 $4,473,724 $4,478,642 TOTAL PUBLIC FUNDS $4,503,724 $4,473,724 $4,473,724 $4,478,642 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 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 $922,534 120.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,814 $9,814 $9,814 $9,814 120.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,621 $4,621 $4,621 $4,621 120.3 Increase funds for film marketing. State General Funds $100,000 $100,000 $100,000 $100,000 120.4 Increase funds for personnel for one film location scout to assist with increased demand. State General Funds $60,000 $60,000 $60,000 $60,000 TUESDAY, MARCH 31, 2015 2929 120.100-Film, Video, and Music Appropriation (HB 76) The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. TOTAL STATE FUNDS $1,096,969 $1,096,969 $1,096,969 $1,096,969 State General Funds $1,096,969 $1,096,969 $1,096,969 $1,096,969 TOTAL PUBLIC FUNDS $1,096,969 $1,096,969 $1,096,969 $1,096,969 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 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 $596,713 $596,713 $659,400 $659,400 $1,256,113 121.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,887 $5,887 $5,887 $5,887 121.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,609 $2,609 $2,609 $2,609 121.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,849) ($1,849) ($1,849) ($1,849) 121.100 -Arts, Georgia Council for the Appropriation (HB 76) 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 $603,360 $603,360 $603,360 $603,360 2930 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $603,360 $659,400 $659,400 $1,262,760 $603,360 $659,400 $659,400 $1,262,760 $603,360 $659,400 $659,400 $1,262,760 $603,360 $659,400 $659,400 $1,262,760 121.101 Special Project - Arts, Georgia Council for the: The purpose of this appropriation is to institute a statewide "Grassroots" arts program, with the goal to increase the arts participation and support throughout the state with grants no more than $5,000. State General Funds $300,000 $300,000 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 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 $10,303,748 122.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $91,162 $91,162 $91,162 $91,162 122.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,020 $42,020 $42,020 $42,020 122.3 Increase funds for personnel for one industry representative position. State General Funds $85,000 $85,000 $85,000 $85,000 122.4 Increase funds for international trade office contracts. State General Funds $200,000 $200,000 $200,000 $200,000 TUESDAY, MARCH 31, 2015 2931 122.5 Increase funds for personnel for two positions to support international trade, research, and marketing. State General Funds $159,310 $159,310 $159,310 $159,310 122.100-Global Commerce Appropriation (HB 76) 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 $10,881,240 $10,881,240 $10,881,240 $10,881,240 State General Funds $10,881,240 $10,881,240 $10,881,240 $10,881,240 TOTAL PUBLIC FUNDS $10,881,240 $10,881,240 $10,881,240 $10,881,240 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 $73,361,918 123.100-Governor's Office of Workforce Development Appropriation (HB 76) 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 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. 2932 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 $9,251,723 $7,356,737 $1,894,986 $9,251,723 124.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,341 $9,341 $9,341 $9,341 124.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,333 $4,333 $4,333 $4,333 124.3 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism program for marketing to increase Georgia tourism. State General Funds ($750,000) ($750,000) ($750,000) ($750,000) 124.4 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance contract. State General Funds Tobacco Settlement Funds Total Public Funds: ($5,097,451) ($247,158) ($5,344,609) ($5,097,451) ($247,158) ($5,344,609) ($5,097,451) ($247,158) ($5,344,609) ($5,097,451) ($247,158) ($5,344,609) 124.5 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($1,444,911) ($1,444,911) ($1,444,911) ($1,444,911) 124.6 Reduce funds for cancer program administration. Tobacco Settlement Funds ($202,917) ($202,917) ($202,917) ($202,917) 124.7 Utilize existing funds from the Georgia Research Alliance ($202,917) for cancer program administration. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 TUESDAY, MARCH 31, 2015 2933 124.100 -Innovation and Technology Appropriation (HB 76) The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS $1,522,960 $1,522,960 $1,522,960 $1,522,960 State General Funds $1,522,960 $1,522,960 $1,522,960 $1,522,960 TOTAL PUBLIC FUNDS $1,522,960 $1,522,960 $1,522,960 $1,522,960 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 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 $933,140 125.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $12,923 $12,923 $12,923 $12,923 125.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,863 $5,863 $5,863 $5,863 125.100 -Small and Minority Business Development Appropriation (HB 76) 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 $951,926 $951,926 $951,926 $951,926 State General Funds $951,926 $951,926 $951,926 $951,926 TOTAL PUBLIC FUNDS $951,926 $951,926 $951,926 $951,926 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. 2934 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 $9,363,470 126.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $64,055 $64,055 $64,055 $64,055 126.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,012 $30,012 $30,012 $30,012 126.3 Increase funds for the Georgia Historical Society for historical markers. State General Funds $100,000 $100,000 $100,000 $100,000 126.4 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism program for marketing to increase Georgia tourism. State General Funds $750,000 $100,000 $300,000 $750,000 126.5 Increase funds for personnel for a marketing project manager position and a social media specialist position. State General Funds $160,000 $160,000 $160,000 $160,000 126.6 Increase funds for the Georgia Civil War Commission. State General Funds $25,000 $0 126.7 Increase funds for the Georgia Civil War Heritage Trails. State General Funds $25,000 $10,000 126.8 Increase funds for one-time funding for the National Infantry Museum. State General Funds $1,000,000 $500,000 126.9 Increase funds for one-time funding for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes. State General Funds $20,000 $10,000 TUESDAY, MARCH 31, 2015 2935 126.100 -Tourism Appropriation (HB 76) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS $10,467,537 $9,817,537 $11,087,537 $10,987,537 State General Funds $10,467,537 $9,817,537 $11,087,537 $10,987,537 TOTAL PUBLIC FUNDS $10,467,537 $9,817,537 $11,087,537 $10,987,537 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $7,944,481,675 $2,064,382,350 $2,064,382,350 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $19,630 $19,630 $45,711,057 $45,711,057 $45,711,057 $45,711,057 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,054,575,082 $10,054,575,082 $10,054,575,082 $10,054,575,082 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Section Total - Final $8,494,371,582 $8,501,977,336 $8,494,371,582 $8,501,977,336 $2,064,382,350 $2,064,382,350 $2,064,362,720 $2,064,362,720 $19,630 $19,630 $45,711,057 $45,711,057 $8,487,140,395 $8,487,140,395 $2,064,382,350 $2,064,362,720 $19,630 $45,711,057 $8,502,129,564 $8,502,129,564 $2,064,382,350 $2,064,362,720 $19,630 $45,711,057 2936 JOURNAL OF THE SENATE 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 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $674,646 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $36,860,246 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $61,006 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $8,115,159 $10,604,464,989 $10,612,070,743 $10,597,233,802 $10,612,222,971 Agricultural Education Continuation Budget The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 $8,393,026 $8,393,026 $368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299 127.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $203 $203 $203 $203 127.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $2,184 $2,184 $2,184 $2,184 127.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,356 $2,356 $2,356 $2,356 TUESDAY, MARCH 31, 2015 2937 127.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $160 $160 $160 $160 127.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,367 $1,367 $1,367 $2,215 127.6 Increase funds for the Extended Day/Year program. State General Funds $37,895 $94,383 $94,383 127.7 Increase funds for the Young Farmers program. (S:Increase funds for the Young Farmers program in Turner, Union, and Johnson counties)(CC:Increase funds for the Young Farmers program in Turner, Union, Johnson, and Burke counties) State General Funds $37,500 $225,000 $300,000 127.100 -Agricultural Education Appropriation (HB 76) The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. TOTAL STATE FUNDS $8,399,296 $8,474,691 $8,718,679 $8,794,527 State General Funds $8,399,296 $8,474,691 $8,718,679 $8,794,527 TOTAL FEDERAL FUNDS $368,273 $368,273 $368,273 $368,273 Federal Funds Not Itemized $368,273 $368,273 $368,273 $368,273 TOTAL AGENCY FUNDS $1,492,000 $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers $1,492,000 $1,492,000 $1,492,000 $1,492,000 Intergovernmental Transfers Not Itemized $1,492,000 $1,492,000 $1,492,000 $1,492,000 TOTAL PUBLIC FUNDS $10,259,569 $10,334,964 $10,578,952 $10,654,800 Business and Finance Administration Continuation Budget The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $7,280,358 $7,280,358 $134,330 $7,280,358 $7,280,358 $134,330 $7,280,358 $7,280,358 $134,330 $7,280,358 $7,280,358 $134,330 2938 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628 128.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $99,035 $99,035 $99,035 $99,035 128.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,594 $1,594 $1,594 $1,594 128.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,777 $42,777 $42,777 $42,777 128.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,633 $3,633 $3,633 $3,633 128.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $32,317 $32,317 $32,317 $52,373 128.100 -Business and Finance Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS $7,459,714 $7,459,714 $7,459,714 $7,479,770 State General Funds $7,459,714 $7,459,714 $7,459,714 $7,479,770 TOTAL FEDERAL FUNDS $134,330 $134,330 $134,330 $134,330 Federal Funds Not Itemized $134,330 $134,330 $134,330 $134,330 TOTAL AGENCY FUNDS $22,342,940 $22,342,940 $22,342,940 $22,342,940 Intergovernmental Transfers $22,342,940 $22,342,940 $22,342,940 $22,342,940 Intergovernmental Transfers Not Itemized $22,342,940 $22,342,940 $22,342,940 $22,342,940 TOTAL PUBLIC FUNDS $29,936,984 $29,936,984 $29,936,984 $29,957,040 TUESDAY, MARCH 31, 2015 2939 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 TOTAL PUBLIC FUNDS $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 $3,965,745 $3,965,745 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,579,267 129.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,128 $25,128 $25,128 $25,128 129.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,052 $8,052 $8,052 $8,052 129.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $20,642 $20,642 $20,642 $20,642 129.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,472 $1,472 $1,472 $1,472 129.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,931 $16,931 $16,931 $27,438 129.100 -Central Office Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems. 2940 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $4,037,970 $4,037,970 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,651,492 $4,037,970 $4,037,970 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,651,492 $4,037,970 $4,037,970 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,651,492 $4,048,477 $4,048,477 $24,369,593 $24,369,593 $243,929 $243,929 $243,929 $28,661,999 Charter Schools Continuation Budget The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 $2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907 130.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,634 $3,634 $3,634 $3,634 130.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,854 $1,854 $1,854 $1,854 130.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $89 $89 $89 $89 130.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,641 $1,641 $1,641 $2,659 TUESDAY, MARCH 31, 2015 2941 130.5 Eliminate funds for one-time funding for planning grants. (S and CC:Provide local district support for flexibility contract conversion, implementation and ongoing support) State General Funds ($125,000) $0 $0 130.100 -Charter Schools Appropriation (HB 76) 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 $2,145,530 $2,020,530 $2,145,530 $2,146,548 State General Funds $2,145,530 $2,020,530 $2,145,530 $2,146,548 TOTAL FEDERAL FUNDS $6,946,595 $6,946,595 $6,946,595 $6,946,595 Federal Funds Not Itemized $6,946,595 $6,946,595 $6,946,595 $6,946,595 TOTAL PUBLIC FUNDS $9,092,125 $8,967,125 $9,092,125 $9,093,143 Communities in Schools Continuation Budget The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 $1,033,100 131.1 Increase funds to local affiliates. State General Funds $20,000 $20,000 $20,000 131.100-Communities in Schools Appropriation (HB 76) The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. TOTAL STATE FUNDS $1,033,100 $1,053,100 $1,053,100 $1,053,100 State General Funds $1,033,100 $1,053,100 $1,053,100 $1,053,100 TOTAL PUBLIC FUNDS $1,033,100 $1,053,100 $1,053,100 $1,053,100 2942 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 $3,461,541 $3,461,541 $3,393,490 $3,393,490 $430,717 $430,717 $430,717 $7,285,748 132.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,199 $22,199 $22,199 $22,199 132.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $6,345 $6,345 $6,345 $6,345 132.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,841 $15,841 $15,841 $15,841 132.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,148 $1,148 $1,148 $1,148 132.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,000 $10,000 $10,000 $16,206 TUESDAY, MARCH 31, 2015 2943 132.100-Curriculum Development Appropriation (HB 76) 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 $3,517,074 $3,517,074 $3,517,074 $3,523,280 State General Funds $3,517,074 $3,517,074 $3,517,074 $3,523,280 TOTAL FEDERAL FUNDS $3,393,490 $3,393,490 $3,393,490 $3,393,490 Federal Funds Not Itemized $3,393,490 $3,393,490 $3,393,490 $3,393,490 TOTAL AGENCY FUNDS $430,717 $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures $430,717 $430,717 $430,717 $430,717 Contributions, Donations, and Forfeitures Not Itemized $430,717 $430,717 $430,717 $430,717 TOTAL PUBLIC FUNDS $7,341,281 $7,341,281 $7,341,281 $7,347,487 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $0 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 133.100-Federal Programs Appropriation (HB 76) 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 $1,233,343,007 $1,233,343,007 $39,957 $39,957 $39,957 $1,233,382,964 2944 JOURNAL OF THE SENATE Georgia Network for Educational and Therapeutic Support (GNETS) 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 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 $62,081,479 $62,081,479 $8,160,000 $8,160,000 $70,241,479 134.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $514,767 $514,767 $514,767 $514,767 134.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $507,107 $507,107 $507,107 $507,107 134.3 Reduce funds based on enrollment. State General Funds ($984,815) ($984,815) ($984,815) ($984,815) 134.4 Increase funds for personnel for one program manager position to provide state level support of Georgia Network for Educational and Therapeutic Support (GNETS). State General Funds $128,000 $128,000 $128,000 $128,000 134.100-Georgia Network for Educational and Therapeutic Support (GNETS) Appropriation (HB 76) 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 $62,246,538 $62,246,538 $62,246,538 $62,246,538 State General Funds $62,246,538 $62,246,538 $62,246,538 $62,246,538 TUESDAY, MARCH 31, 2015 2945 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,160,000 $8,160,000 $70,406,538 $8,160,000 $8,160,000 $70,406,538 $8,160,000 $8,160,000 $70,406,538 $8,160,000 $8,160,000 $70,406,538 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 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 $3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527 135.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,674 $6,674 $6,674 $6,674 135.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $16,899 $16,899 $16,899 $16,899 135.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $38,768 $38,768 $38,768 $38,768 135.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,709 $2,709 $2,709 $2,709 135.100-Georgia Virtual School Appropriation (HB 76) 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. 2946 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577 $3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577 $3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577 $3,232,540 $3,232,540 $5,600,037 $5,600,037 $5,600,037 $8,832,577 Information Technology Services Continuation Budget The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. 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 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 $17,213,029 $17,213,029 $1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745 136.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $95,517 $95,517 $95,517 $95,517 136.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,229 $9,229 $9,229 $9,229 136.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $51,696 $51,696 $51,696 $51,696 136.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $3,665 $3,665 $3,665 $3,665 TUESDAY, MARCH 31, 2015 2947 136.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $35,493 $35,493 $35,493 136.6 Increase funds for the E-Rate program to increase bandwidth from 3 to 100 Mbps for school systems. State General Funds $1,600,000 $1,600,000 $1,600,000 136.7 Reduce funds to reflect projected expenditures. State General Funds ($250,000) $57,520 $1,600,000 ($636,960) 136.100 -Information Technology Services Appropriation (HB 76) The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that assist local school systems. TOTAL STATE FUNDS $19,008,629 $19,008,629 $18,758,629 $18,393,696 State General Funds $19,008,629 $19,008,629 $18,758,629 $18,393,696 TOTAL FEDERAL FUNDS $1,371,954 $1,371,954 $1,371,954 $1,371,954 Federal Funds Not Itemized $1,371,954 $1,371,954 $1,371,954 $1,371,954 TOTAL AGENCY FUNDS $7,204,762 $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers $7,204,762 $7,204,762 $7,204,762 $7,204,762 Intergovernmental Transfers Not Itemized $7,204,762 $7,204,762 $7,204,762 $7,204,762 TOTAL PUBLIC FUNDS $27,585,345 $27,585,345 $27,335,345 $26,970,412 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 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 $10,900,885 137.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $24,476 $24,476 $24,476 $24,476 2948 JOURNAL OF THE SENATE 137.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,796 $24,796 $24,796 $24,796 137.3 Reduce funds for Residential Treatment Facilities based on attendance. (H:Increase funds)(CC:The Department of Education shall provide the Residential Treatment Facilities with direct instructions and a uniform format for data collection and submission for the Non-Quality Basic Education formula grant) State General Funds ($141,612) $362,201 $0 $146,130 137.4 Reduce funds for Sparsity Grants. (S and CC:Reduce funds for Sparsity Grants, and fund Union County as a K-12 school) State General Funds ($634,842) ($634,842) ($413,201) ($413,201) 137.100 -Non Quality Basic Education Formula Grants Appropriation (HB 76) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $10,173,703 $10,677,516 $10,536,956 $10,683,086 State General Funds $10,173,703 $10,677,516 $10,536,956 $10,683,086 TOTAL PUBLIC FUNDS $10,173,703 $10,677,516 $10,536,956 $10,683,086 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 $22,854,133 $22,854,133 $714,191,428 $714,191,428 $108,824 $108,824 $108,824 $737,154,385 TUESDAY, MARCH 31, 2015 2949 138.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,179 $2,179 $2,179 $2,179 138.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,578 $1,578 $1,578 $1,578 138.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,847 $2,847 $2,847 $2,847 138.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $255 $255 $255 $255 138.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $1,094 $1,094 $1,094 $1,773 138.100 -Nutrition Appropriation (HB 76) The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school and comply with federal standards. TOTAL STATE FUNDS $22,862,086 $22,862,086 $22,862,086 $22,862,765 State General Funds $22,862,086 $22,862,086 $22,862,086 $22,862,765 TOTAL FEDERAL FUNDS $714,191,428 $714,191,428 $714,191,428 $714,191,428 Federal Funds Not Itemized $714,191,428 $714,191,428 $714,191,428 $714,191,428 TOTAL AGENCY FUNDS $108,824 $108,824 $108,824 $108,824 Intergovernmental Transfers $108,824 $108,824 $108,824 $108,824 Intergovernmental Transfers Not Itemized $108,824 $108,824 $108,824 $108,824 TOTAL PUBLIC FUNDS $737,162,338 $737,162,338 $737,162,338 $737,163,017 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. 2950 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 $30,051,758 139.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $252,240 $252,240 $252,240 $252,240 139.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $193,356 $193,356 $193,356 $193,356 139.3 Increase funds for enrollment growth and training and experience. State General Funds $948,985 $948,985 $948,985 $948,985 139.100 -Preschool Handicapped Appropriation (HB 76) 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 $31,446,339 $31,446,339 $31,446,339 $31,446,339 State General Funds $31,446,339 $31,446,339 $31,446,339 $31,446,339 TOTAL PUBLIC FUNDS $31,446,339 $31,446,339 $31,446,339 $31,446,339 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 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 $479,385,097 140.1 Increase funds for the Equalization grant. (H:Increase funds for the Equalization grant and recognize pre-payment of $8,299,466, HB75 (2015 Session), to ensure full compliance with O.C.G.A. 20-2-165)(S:Increase funds for Equalization grant based on the Governor's Office of Planning and Budget funding formula)(CC:Increase funds for Equalization grants and annually determine the appropriation based on the Department of Education's formula calculation pursuant to O.C.G.A. 20-2165, which is the preceding formula calculation) State General Funds $11,364,325 $18,840,831 $3,064,859 $18,840,831 TUESDAY, MARCH 31, 2015 2951 140.100 -Quality Basic Education Equalization Appropriation (HB 76) 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 $490,749,422 $498,225,928 $482,449,956 $498,225,928 State General Funds $490,749,422 $498,225,928 $482,449,956 $498,225,928 TOTAL PUBLIC FUNDS $490,749,422 $498,225,928 $482,449,956 $498,225,928 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 ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) 141.1 Increase funds for the Local Five Mill Share. State General Funds $9,556,510 $8,980,939 $8,980,939 $9,367,899 141.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 76) 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 ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) ($1,664,572,225) State General Funds ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) ($1,664,572,225) TOTAL PUBLIC FUNDS ($1,664,383,614) ($1,664,959,185) ($1,664,959,185) ($1,664,572,225) 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 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 2952 JOURNAL OF THE SENATE 142.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $75,181,182 $74,444,407 $74,884,899 $74,444,407 142.2 Increase funds for enrollment growth and training and experience. State General Funds $152,313,334 $152,430,547 $152,430,547 $152,430,547 142.3 Increase funds for differentiated pay for newly certified math and science teachers. State General Funds $1,024,285 $1,235,053 $1,086,897 $1,235,053 142.4 Increase funds for School Nurses. State General Funds $332,354 $631,357 $339,021 $631,357 142.5 Increase funds for the State Commission Charter Schools supplement. State General Funds $8,987,653 $9,035,267 $9,035,267 $9,035,267 142.6 Increase funds for charter systems grants. State General Funds $2,946,279 $3,037,740 $3,037,740 $3,037,740 142.7 Reduce funds for the Special Needs Scholarship. State General Funds ($1,189,260) ($989,550) ($989,550) ($989,550) 142.8 Increase funds for Move on When Ready. (H and S:Reduce funds for Move on When Ready and provide funding in the Amended FY2016 budget based on new funding mechanisms recommended by the Dual Enrollment Task Force) State General Funds $51,723 ($234,555) ($234,555) ($234,555) 142.9 Increase funds to offset the austerity reduction in order to provide local education authorities the flexibility to eliminate teacher furlough days, increase instructional days, and increase teacher salaries. State General Funds $280,000,000 $280,000,000 $280,000,000 $280,000,000 TUESDAY, MARCH 31, 2015 2953 142.100 -Quality Basic Education Program Appropriation (HB 76) 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 $9,393,844,192 $9,393,786,908 $9,393,786,908 $9,393,786,908 State General Funds $9,393,844,192 $9,393,786,908 $9,393,786,908 $9,393,786,908 TOTAL PUBLIC FUNDS $9,393,844,192 $9,393,786,908 $9,393,786,908 $9,393,786,908 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 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 $9,941,168 143.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,792 $7,792 $7,792 $7,792 143.2 Increase funds for personnel for 17 teacher and leader effectiveness support positions transferred from the School Improvement program. (S:Increase funds for personnel for two training and development specialists ($204,974), and provide funds for program for two months' salary ($171,461) by incorporating eight teacher and leader effectiveness support positions transferring over in May and June 2016) State General Funds $2,071,685 $376,435 $0 143.3 Increase funds for personnel for Positive Behavior Intervention Supports (PBIS) trainers. State General Funds $250,000 $300,000 $275,000 143.4 Increase funds for a 10% baseline per RESA to support K-3 literacy and/or K-5 math mastery initiatives that will result in documented achievement gains by instructional domain. (CC:Fund in Governor's Office of Student Achievement) State General Funds $994,116 $0 2954 JOURNAL OF THE SENATE 143.5 Increase funds for an environmental science position for K-12 instruction originating in the Okefenokee Swamp Park and made available statewide through a virtual education initiative. (CC:Reflect funds for a K-12 environmental science position in the Department of Natural Resources Wildlife Resources program) State General Funds $60,000 $0 143.100-Regional Education Service Agencies Appropriation (HB 76) The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. TOTAL STATE FUNDS $9,948,960 $12,270,645 $11,679,511 $10,223,960 State General Funds $9,948,960 $12,270,645 $11,679,511 $10,223,960 TOTAL PUBLIC FUNDS $9,948,960 $12,270,645 $11,679,511 $10,223,960 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 $6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448 144.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $60,794 $60,794 $60,794 $60,794 144.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,211 $9,211 $9,211 $9,211 144.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $38,517 $38,517 $38,517 $38,517 TUESDAY, MARCH 31, 2015 2955 144.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,620 $2,620 $2,620 $2,620 144.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,188 $2,188 $2,188 $3,546 144.6 Increase funds for personnel for 17 teacher and leader effectiveness support positions, one teacher induction position, and two district effectiveness positions and for operations. (H:Increase funds for personnel for one teacher induction position and two district effectiveness positions and for operations and transfer funds for personnel for 17 teacher and leader effectiveness support positions to the RESAs program)(S:Increase funds for operations ($120,352) and for personnel for seven positions supporting online learning, electronic platform and data documentation and evaluation ($735,646), two district effectiveness positions ($228,649) and one teacher induction position ($120,298); and provide funds for ten months to conclude by May 1, 2016 for personnel for eight new teacher and leadership effectiveness positions transferring to Regional Education Service Agencies program ($857,304))(CC:Increase funds for personnel for 17 teacher and leader effectiveness support positions, one teacher induction position, and two district effectiveness positions and for operations) State General Funds $2,438,684 $366,999 $2,062,249 $2,438,684 144.7 Increase funds for professional development and support for corps members in Teach for America. State General Funds $350,000 $350,000 $150,000 $150,000 144.100 -School Improvement Appropriation (HB 76) The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. TOTAL STATE FUNDS $8,996,161 $6,924,476 $8,419,726 $8,797,519 State General Funds $8,996,161 $6,924,476 $8,419,726 $8,797,519 TOTAL FEDERAL FUNDS $9,227,301 $9,227,301 $9,227,301 $9,227,301 Federal Funds Not Itemized $9,227,301 $9,227,301 $9,227,301 $9,227,301 TOTAL PUBLIC FUNDS $18,223,462 $16,151,777 $17,647,027 $18,024,820 2956 JOURNAL OF THE SENATE State Charter School Commission Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278 145.100 -State Charter School Commission Administration Appropriation (HB 76) 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 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 $2,511,278 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 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 $8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063 TUESDAY, MARCH 31, 2015 2957 146.100 -State Interagency Transfers Appropriation (HB 76) 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 $22,847,100 $22,847,100 $22,847,100 $22,847,100 Federal Funds Not Itemized $22,847,100 $22,847,100 $22,847,100 $22,847,100 TOTAL PUBLIC FUNDS $30,945,063 $30,945,063 $30,945,063 $30,945,063 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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 $25,815,381 $25,815,381 $863,480 $843,850 $19,630 $957,589 $892,739 $892,739 $61,006 $61,006 $3,844 $3,844 $27,636,450 147.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $208,674 $208,674 $208,674 $208,674 147.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $56,174 $56,174 $56,174 $56,174 2958 JOURNAL OF THE SENATE 147.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $153,677 $153,677 $153,677 $153,677 147.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $19,663 $19,663 $19,663 $19,663 147.5 Increase funds for training and experience. State General Funds $194,398 $194,398 $194,398 $194,398 147.100 -State Schools Appropriation (HB 76) 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 $26,447,967 $26,447,967 $26,447,967 $26,447,967 State General Funds $26,447,967 $26,447,967 $26,447,967 $26,447,967 TOTAL FEDERAL FUNDS $863,480 $863,480 $863,480 $863,480 Federal Funds Not Itemized $843,850 $843,850 $843,850 $843,850 Maternal & Child Health Services Block Grant CFDA93.994 $19,630 $19,630 $19,630 $19,630 TOTAL AGENCY FUNDS $957,589 $957,589 $957,589 $957,589 Intergovernmental Transfers $892,739 $892,739 $892,739 $892,739 Intergovernmental Transfers Not Itemized $892,739 $892,739 $892,739 $892,739 Rebates, Refunds, and Reimbursements $61,006 $61,006 $61,006 $61,006 Rebates, Refunds, and Reimbursements Not Itemized $61,006 $61,006 $61,006 $61,006 Sales and Services $3,844 $3,844 $3,844 $3,844 Sales and Services Not Itemized $3,844 $3,844 $3,844 $3,844 TOTAL PUBLIC FUNDS $28,269,036 $28,269,036 $28,269,036 $28,269,036 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. TUESDAY, MARCH 31, 2015 2959 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 $16,112,487 $16,112,487 $19,947,771 $19,947,771 $4,779,024 $4,779,024 $4,779,024 $40,839,282 148.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,909 $13,909 $13,909 $13,909 148.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,770 $8,770 $8,770 $8,770 148.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,290 $10,290 $10,290 $10,290 148.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $733 $733 $733 $733 148.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,744 $5,744 $5,744 $9,309 148.6 Increase funds for vocational industry certification. State General Funds $752,546 $752,546 $752,546 $752,546 148.7 Increase funds for the Extended Day/Year program. State General Funds $37,895 $94,382 $94,382 2960 JOURNAL OF THE SENATE 148.100-Technology/Career Education Appropriation (HB 76) The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. TOTAL STATE FUNDS $16,904,479 $16,942,374 $16,998,861 $17,002,426 State General Funds $16,904,479 $16,942,374 $16,998,861 $17,002,426 TOTAL FEDERAL FUNDS $19,947,771 $19,947,771 $19,947,771 $19,947,771 Federal Funds Not Itemized $19,947,771 $19,947,771 $19,947,771 $19,947,771 TOTAL AGENCY FUNDS $4,779,024 $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers $4,779,024 $4,779,024 $4,779,024 $4,779,024 Intergovernmental Transfers Not Itemized $4,779,024 $4,779,024 $4,779,024 $4,779,024 TOTAL PUBLIC FUNDS $41,631,274 $41,669,169 $41,725,656 $41,729,221 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 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 $24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140 149.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,910 $11,910 $11,910 $11,910 149.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $3,350 $3,350 $3,350 $3,350 149.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $13,127 $13,127 $13,127 $13,127 TUESDAY, MARCH 31, 2015 2961 149.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $829 $829 $829 $829 149.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $7,926 $7,926 $7,926 $12,845 149.6 Increase funds for the Georgia Milestones assessment. State General Funds $1,067,328 $1,067,328 $1,067,328 $1,067,328 149.7 Increase funds for personnel for two accountability and assessment positions ($252,436) and for operations ($3,000). State General Funds $255,436 $255,436 $255,436 $255,436 149.8 Increase funds for contracts to review and analyze student growth models statewide. State General Funds $605,569 $605,569 $605,569 $605,569 149.9 Utilize existing funds to provide tenth grade students with the choice between the PSAT or ACT Compass exams. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 149.100 -Testing Appropriation (HB 76) 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 $26,651,587 $26,651,587 $26,651,587 $26,656,506 State General Funds $26,651,587 $26,651,587 $26,651,587 $26,656,506 TOTAL FEDERAL FUNDS $19,218,028 $19,218,028 $19,218,028 $19,218,028 Federal Funds Not Itemized $19,218,028 $19,218,028 $19,218,028 $19,218,028 TOTAL PUBLIC FUNDS $45,869,615 $45,869,615 $45,869,615 $45,874,534 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. 2962 JOURNAL OF THE SENATE 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 $1,551,946 150.100 -Tuition for Multi-Handicapped Appropriation (HB 76) The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. TOTAL STATE FUNDS $1,551,946 $1,551,946 $1,551,946 $1,551,946 State General Funds $1,551,946 $1,551,946 $1,551,946 $1,551,946 TOTAL PUBLIC FUNDS $1,551,946 $1,551,946 $1,551,946 $1,551,946 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,463.45. 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 $30,369,769 $30,369,769 $30,369,769 $30,369,769 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $19,723,670 $54,160,574 $54,160,574 $54,160,574 $30,369,769 $30,369,769 $4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Final $30,579,930 $30,579,930 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $20,237,876 $30,579,930 $30,579,930 $4,067,135 $4,067,135 $4,067,135 $20,237,876 TUESDAY, MARCH 31, 2015 2963 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $20,237,876 $20,237,876 $54,884,941 $20,237,876 $20,237,876 $54,884,941 $20,237,876 $20,237,876 $54,884,941 $20,237,876 $20,237,876 $54,884,941 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 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 $0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135 151.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($4,817) and for contracts ($252,000). Retirement Payments $256,817 $256,817 $256,817 $256,817 151.100-Deferred Compensation Appropriation (HB 76) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 $4,067,135 $4,067,135 $4,067,135 $256,817 $256,817 $256,817 $4,323,952 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. 2964 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 $1,893,369 152.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report. State General Funds $96,161 $96,161 $96,161 $1,893,369 $1,893,369 $1,893,369 $96,161 152.100-Georgia Military Pension Fund Appropriation (HB 76) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,989,530 $1,989,530 $1,989,530 $1,989,530 State General Funds $1,989,530 $1,989,530 $1,989,530 $1,989,530 TOTAL PUBLIC FUNDS $1,989,530 $1,989,530 $1,989,530 $1,989,530 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 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 $28,461,000 153.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report. State General Funds $119,000 $119,000 $119,000 $119,000 153.100 -Public School Employees Retirement System Appropriation (HB 76) 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 $28,580,000 $28,580,000 $28,580,000 $28,580,000 State General Funds $28,580,000 $28,580,000 $28,580,000 $28,580,000 TOTAL PUBLIC FUNDS $28,580,000 $28,580,000 $28,580,000 $28,580,000 TUESDAY, MARCH 31, 2015 2965 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 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 $15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070 154.1 Reduce funds for HB477 (2014 Session) as all requirements have been satisfied by the actuary. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 154.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($134,389) and contracts ($123,000). Retirement Payments $257,389 $257,389 $257,389 $257,389 154.100-System Administration Appropriation (HB 76) 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 $10,400 $10,400 $10,400 $10,400 State General Funds $10,400 $10,400 $10,400 $10,400 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,981,059 $19,981,059 $19,981,059 $19,981,059 State Funds Transfers $19,981,059 $19,981,059 $19,981,059 $19,981,059 Retirement Payments $19,981,059 $19,981,059 $19,981,059 $19,981,059 TOTAL PUBLIC FUNDS $19,991,459 $19,991,459 $19,991,459 $19,991,459 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 24.72% for New Plan employees and 19.97% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.69% 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 $764.97 per member for State Fiscal Year 2016. 2966 JOURNAL OF THE SENATE Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Continuation $32,958,632 $32,958,632 $32,958,632 $32,958,632 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $5,982,769 $5,982,769 $5,982,769 $5,982,769 $6,835,195 $6,835,195 $6,835,195 $187,000 $187,000 $187,000 $187,000 $187,000 $187,000 $33,000 $33,000 $33,000 $33,000 $33,000 $33,000 $6,615,195 $6,615,195 $6,615,195 $6,615,195 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $210,500 $210,500 $210,500 $210,500 $210,500 $210,500 $45,987,096 $45,987,096 $45,987,096 Section Total - Final $33,455,992 $35,298,756 $33,455,992 $35,298,756 $5,982,769 $5,982,769 $5,982,769 $5,982,769 $6,835,195 $6,835,195 $187,000 $187,000 $187,000 $187,000 $33,000 $33,000 $33,000 $33,000 $6,615,195 $6,615,195 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $210,500 $210,500 $210,500 $35,298,756 $35,298,756 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $32,958,632 $32,958,632 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096 $35,311,295 $35,311,295 $5,982,769 $5,982,769 $6,835,195 $187,000 $187,000 $33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 TUESDAY, MARCH 31, 2015 2967 TOTAL PUBLIC FUNDS $46,484,456 $48,327,220 $48,327,220 $48,339,759 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 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 $3,401,565 $3,401,565 $48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653 155.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $41,565 $41,565 $41,565 $41,565 155.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,659 $18,659 $18,659 $18,659 155.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,817) ($8,817) ($8,817) ($8,817) 155.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $12,135 $12,135 $12,135 $24,674 155.5 Utilize existing funds of $48,000 to implement the Winter Weather Task Force recommendation to improve fleet management by using smart phone technology for 100 strike teams. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 2968 JOURNAL OF THE SENATE 155.100 -Commission Administration Appropriation (HB 76) 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 $3,465,107 $3,465,107 $3,465,107 $3,477,646 State General Funds $3,465,107 $3,465,107 $3,465,107 $3,477,646 TOTAL FEDERAL FUNDS $48,800 $48,800 $48,800 $48,800 Federal Funds Not Itemized $48,800 $48,800 $48,800 $48,800 TOTAL AGENCY FUNDS $76,288 $76,288 $76,288 $76,288 Sales and Services $76,288 $76,288 $76,288 $76,288 Sales and Services Not Itemized $76,288 $76,288 $76,288 $76,288 TOTAL PUBLIC FUNDS $3,590,195 $3,590,195 $3,590,195 $3,602,734 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 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 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 $2,431,473 $2,431,473 $3,553,571 $3,553,571 $950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776 TUESDAY, MARCH 31, 2015 2969 156.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $31,149 $31,149 $31,149 $31,149 156.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,306 $12,306 $12,306 $12,306 156.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,747) ($9,747) ($9,747) ($9,747) 156.4 Increase funds for personnel for the final installment of the employee retention plan for foresters and forest inventory analysis personnel. (S and CC:Increase funds for personnel for the final installment of the employee retention plan for forest management personnel) State General Funds $131,637 $396,650 $396,650 156.100-Forest Management Appropriation (HB 76) The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state- owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries, and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program. TOTAL STATE FUNDS $2,465,181 $2,596,818 $2,861,831 $2,861,831 State General Funds $2,465,181 $2,596,818 $2,861,831 $2,861,831 TOTAL FEDERAL FUNDS $3,553,571 $3,553,571 $3,553,571 $3,553,571 Federal Funds Not Itemized $3,553,571 $3,553,571 $3,553,571 $3,553,571 TOTAL AGENCY FUNDS $950,732 $950,732 $950,732 $950,732 Intergovernmental Transfers $187,000 $187,000 $187,000 $187,000 Intergovernmental Transfers Not Itemized $187,000 $187,000 $187,000 $187,000 Sales and Services $763,732 $763,732 $763,732 $763,732 Sales and Services Not Itemized $763,732 $763,732 $763,732 $763,732 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $189,000 $189,000 $189,000 $189,000 2970 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $189,000 $189,000 $7,158,484 $189,000 $189,000 $7,290,121 $189,000 $189,000 $7,555,134 $189,000 $189,000 $7,555,134 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 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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 $27,125,594 $27,125,594 $2,246,681 $2,246,681 $4,741,312 $33,000 $33,000 $4,708,312 $4,708,312 $15,000 $15,000 $15,000 $34,128,587 157.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $330,321 $330,321 $330,321 $330,321 157.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $158,059 $158,059 $158,059 $158,059 TUESDAY, MARCH 31, 2015 2971 157.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($88,270) ($88,270) ($88,270) ($88,270) 157.4 Increase funds for personnel for the final installment of the employee retention plan for rangers and chief rangers. (S and CC:Increase funds for personnel for the final installment of the employee retention plan for fire protection personnel) State General Funds $1,711,127 $1,446,114 $1,446,114 157.100-Forest Protection Appropriation (HB 76) 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 STATE FUNDS $27,525,704 $29,236,831 $28,971,818 $28,971,818 State General Funds $27,525,704 $29,236,831 $28,971,818 $28,971,818 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 $4,741,312 $4,741,312 $4,741,312 $4,741,312 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 $4,708,312 $4,708,312 $4,708,312 $4,708,312 Sales and Services Not Itemized $4,708,312 $4,708,312 $4,708,312 $4,708,312 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,000 $15,000 $15,000 $15,000 State Funds Transfers $15,000 $15,000 $15,000 $15,000 Agency to Agency Contracts $15,000 $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $34,528,697 $36,239,824 $35,974,811 $35,974,811 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. 2972 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 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 158.100 -Tree Seedling Nursery Appropriation (HB 76) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $52,347,978 $52,347,978 $52,347,978 $52,347,978 $52,347,978 $52,347,978 $30,183,850 $30,183,850 $30,183,850 $30,183,850 $30,183,850 $30,183,850 $1,428,720 $1,428,720 $1,428,720 $52,347,978 $52,347,978 $30,183,850 $30,183,850 $1,428,720 TUESDAY, MARCH 31, 2015 2973 Reserved Fund Balances Reserved Fund Balances Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325 $84,107,873 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 TOTAL PUBLIC FUNDS Section Total - Final $62,655,805 $55,613,506 $62,655,805 $55,613,506 $30,120,112 $30,120,112 $30,120,112 $30,120,112 $761,031 $761,031 $500,000 $500,000 $500,000 $500,000 $100,000 $100,000 $100,000 $100,000 $161,031 $161,031 $161,031 $161,031 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $93,684,273 $86,641,974 $55,844,908 $55,844,908 $30,120,112 $30,120,112 $761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $86,873,376 $58,303,356 $58,303,356 $30,120,112 $30,120,112 $761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325 $147,325 $147,325 $89,331,824 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. 2974 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 $11,062,041 159.100-Governor's Emergency Fund Appropriation (HB 76) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $11,062,041 $11,062,041 $11,062,041 $11,062,041 State General Funds $11,062,041 $11,062,041 $11,062,041 $11,062,041 TOTAL PUBLIC FUNDS $11,062,041 $11,062,041 $11,062,041 $11,062,041 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 O.C.G.A. 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 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 $6,072,026 $6,072,026 $100,000 $100,000 $100,000 $6,172,026 160.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $109,799 $109,799 $109,799 $109,799 160.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $37,708 $37,708 $37,708 $37,708 160.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,161 $6,161 $6,161 $6,161 TUESDAY, MARCH 31, 2015 2975 160.4 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental Administration program to the Governor's Office program for Disability Services Ombudsman activities to promote the safety, well-being, and rights of consumers. State General Funds $279,154 $279,154 $279,154 $279,154 160.100 -Governor's Office Appropriation (HB 76) 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 STATE FUNDS $6,504,848 $6,504,848 $6,504,848 $6,504,848 State General Funds $6,504,848 $6,504,848 $6,504,848 $6,504,848 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,604,848 $6,604,848 $6,604,848 $6,604,848 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 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 $8,353,713 161.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $127,331 $127,331 $127,331 $127,331 161.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $46,285 $46,285 $46,285 $46,285 2976 JOURNAL OF THE SENATE 161.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,106 $8,106 $8,106 $8,106 161.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $20,601 $20,601 $20,601 $33,191 161.5 Utilize existing funds for personnel ($200,000). (H:YES)(S:YES) State General Funds $0 $0 $0 161.100 -Planning and Budget, Governor's Office of Appropriation (HB 76) The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS $8,556,036 $8,556,036 $8,556,036 $8,568,626 State General Funds $8,556,036 $8,556,036 $8,556,036 $8,568,626 TOTAL PUBLIC FUNDS $8,556,036 $8,556,036 $8,556,036 $8,568,626 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 PUBLIC FUNDS $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 $888,266 $888,266 $5,000 $5,000 $893,266 162.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,707 $18,707 $18,707 $18,707 162.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,979 $5,979 $5,979 $5,979 TUESDAY, MARCH 31, 2015 2977 162.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($1,657) ($1,657) ($1,657) ($1,657) 162.4 Increase funds for personnel for one investigator position. State General Funds $70,000 $70,000 $70,000 162.100 -Child Advocate, Office of the Appropriation (HB 76) 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 $911,295 $981,295 $981,295 $981,295 State General Funds $911,295 $981,295 $981,295 $981,295 TOTAL FEDERAL FUNDS $5,000 $5,000 $5,000 $5,000 Federal Funds Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $916,295 $986,295 $986,295 $986,295 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 TOTAL PUBLIC FUNDS $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 $1,429,645 $1,429,645 $63,738 $63,738 $1,493,383 163.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,721 $1,721 $1,721 $1,721 163.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,206 $1,206 $1,206 $1,206 2978 JOURNAL OF THE SENATE 163.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for abstinence education activities. (H and S:NO; Reduce funds for the health survey program) State General Funds Federal Funds Not Itemized Total Public Funds: ($515,567) ($63,738) ($579,305) ($515,567) ($63,738) ($579,305) ($515,567) ($63,738) ($579,305) ($515,567) ($63,738) ($579,305) 163.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities. State General Funds ($92,500) ($92,500) ($92,500) ($92,500) 163.100 -Children and Families, Governor's Office for Appropriation (HB 76) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $824,505 $824,505 $824,505 $824,505 State General Funds $824,505 $824,505 $824,505 $824,505 TOTAL PUBLIC FUNDS $824,505 $824,505 $824,505 $824,505 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 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $2,140,510 $2,140,510 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 TUESDAY, MARCH 31, 2015 2979 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $147,325 $147,325 $32,651,548 $147,325 $147,325 $32,651,548 $147,325 $147,325 $32,651,548 $147,325 $147,325 $32,651,548 164.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,477 $19,477 $19,477 $19,477 164.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,544 $14,544 $14,544 $14,544 164.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,313) ($6,313) ($6,313) ($6,313) 164.4 Increase funds for personnel for four positions to support recommendations made by the Governor's Severe Winter Weather Warning and Preparedness Task Force. State General Funds $304,000 $304,000 $235,200 $304,000 164.5 Increase funds for personnel to reflect projected expenditures. State General Funds $62,198 $62,198 $62,198 $62,198 164.6 Increase funds to begin a cyber security program. State General Funds $250,000 $0 164.100 -Emergency Management Agency, Georgia Appropriation (HB 76) 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 $2,534,416 $2,534,416 $2,715,616 $2,534,416 State General Funds $2,534,416 $2,534,416 $2,715,616 $2,534,416 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 2980 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,226,654 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $33,045,454 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 PUBLIC FUNDS $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 $670,414 165.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,430 $14,430 $14,430 $14,430 165.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,720 $4,720 $4,720 $4,720 165.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,213 $6,213 $6,213 $6,213 165.100-Equal Opportunity, Georgia Commission on Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 2981 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 $695,777 Professional Standards Commission, Georgia Continuation Budget The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 $6,274,340 $6,274,340 $411,930 $411,930 $500 $500 $500 $6,686,770 166.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $116,240 $116,240 $116,240 $116,240 166.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,879 $1,879 $1,879 $1,879 166.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,408 $35,408 $35,408 $35,408 166.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,156 $5,156 $5,156 $5,156 2982 JOURNAL OF THE SENATE 166.5 Increase funds for personnel for two education preparation specialists ($208,924), one certification evaluator ($75,853), and one investigator ($69,289). State General Funds $354,066 $354,066 $354,066 $354,066 166.6 Increase funds for information technology for maintenance and support of systems. State General Funds $100,000 $100,000 $100,000 $100,000 166.100-Professional Standards Commission, Georgia Appropriation (HB 76) 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 $6,887,089 $6,887,089 $6,887,089 $6,887,089 State General Funds $6,887,089 $6,887,089 $6,887,089 $6,887,089 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 $500 Sales and Services $500 $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 $500 TOTAL PUBLIC FUNDS $7,299,519 $7,299,519 $7,299,519 $7,299,519 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 $4,675,275 $4,675,275 $667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964 TUESDAY, MARCH 31, 2015 2983 167.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer Protection to the Department of Law to administer the program. State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: ($4,675,275) ($500,000) ($167,689) ($5,342,964) ($4,675,275) ($500,000) ($167,689) ($5,342,964) ($4,675,275) ($500,000) ($167,689) ($5,342,964) ($4,675,275) ($500,000) ($167,689) ($5,342,964) 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 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 $652,762 168.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,126 $13,126 $13,126 $13,126 168.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,048 $4,048 $4,048 $4,048 168.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $743 $743 $743 $743 168.100 -Office of the State Inspector General Appropriation (HB 76) 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 $670,679 $670,679 $670,679 $670,679 State General Funds $670,679 $670,679 $670,679 $670,679 TOTAL PUBLIC FUNDS $670,679 $670,679 $670,679 $670,679 2984 JOURNAL OF THE SENATE 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 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 $10,128,986 169.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $70,945 $70,945 $70,945 $70,945 169.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,361 $4,361 $4,361 $4,361 169.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,375 $17,375 $17,375 $17,375 169.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $222 $222 $222 $222 169.5 Increase funds for Georgia's Academic and Workforce Analysis and Research Data System (GA AWARDS). State General Funds $217,100 $217,100 $217,100 $217,100 169.6 Increase funds for personnel for an academic audit specialist position. State General Funds $109,863 $109,863 $109,863 $109,863 169.7 Increase funds for erasure analysis of student assessments. State General Funds $150,000 $150,000 $150,000 $150,000 TUESDAY, MARCH 31, 2015 2985 169.8 Increase funds for the Georgia Innovation Fund to award grants for innovative programs in public education. State General Funds $2,500,000 $1,465,000 $1,465,000 $1,465,000 169.9 Increase funds for the Governor's Honors Program to meet the projected need. State General Funds $413,170 $413,170 $413,170 $413,170 169.10 Add funds for strategic professional development initiatives per SB404 (2012 Session). (H:Increase funds to expand the Reading Mentor program)(S:Increase funds for personnel for eight positions for a reading mentor program and eight positions for a K-5 function math mastery program)(CC:Increase funds to expand the Reading Mentor program) State General Funds $10,397,097 $4,319,798 $4,370,000 $6,500,000 169.11 Increase funds for the Governor's Office of Student Achievement for contracts with RESAs for a 5% increase in the base grant, tied to performance metrics. State General Funds $497,058 169.100 -Student Achievement, Office of Appropriation (HB 76) 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 $24,009,119 $16,896,820 $16,947,022 $19,574,080 State General Funds $24,009,119 $16,896,820 $16,947,022 $19,574,080 TOTAL PUBLIC FUNDS $24,009,119 $16,896,820 $16,947,022 $19,574,080 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 Section Total - Continuation $523,873,307 $523,873,307 $523,873,307 $517,681,501 $517,681,501 $517,681,501 $6,191,806 $6,191,806 $6,191,806 $1,102,315,922 $1,102,315,922 $1,102,315,922 $453,603,669 $453,603,669 $453,603,669 $523,873,307 $517,681,501 $6,191,806 $1,102,315,922 $453,603,669 2986 JOURNAL OF THE SENATE CCDF Mandatory & Matching Funds CFDA93.596 $22,498 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,166,080 Child Care & Development Block Grant CFDA93.575 $209,161 FFIND Child Care and Development Block Grant CFDA93.575 $10,599,773 Community Services Block Grant CFDA93.569 $16,526,699 Foster Care Title IV-E CFDA93.658 $76,380,126 Low-Income Home Energy Assistance CFDA93.568 $55,866,874 Medical Assistance Program CFDA93.778 $79,458,085 Social Services Block Grant CFDA93.667 $52,778,456 Temporary Assistance for Needy Families $355,704,501 Temporary Assistance for Needy Families Grant CFDA93.558 $348,149,998 TANF Transfers to Social Services Block Grant per 42 USC 604 $7,554,503 TOTAL AGENCY FUNDS $48,536,211 Contributions, Donations, and Forfeitures $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 Reserved Fund Balances $465,286 Reserved Fund Balances Not Itemized $465,286 Sales and Services $48,024,425 Sales and Services Not Itemized $48,024,425 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,567,485 State Funds Transfers $1,344,249 Agency to Agency Contracts $1,344,249 Federal Funds Indirect $2,223,236 FFIND Community Services Block Grant CFDA93.569 $2,223,236 TOTAL PUBLIC FUNDS $1,678,292,925 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 $22,498 $1,166,080 $209,161 $10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Section Total - Final $553,384,471 $555,752,402 $547,192,665 $549,560,596 $6,191,806 $6,191,806 $1,111,927,482 $1,115,463,744 $454,054,359 $457,590,621 $22,498 $22,498 $555,522,809 $549,331,003 $6,191,806 $1,115,463,744 $457,590,621 $22,498 $555,998,208 $549,806,402 $6,191,806 $1,115,463,744 $457,590,621 $22,498 TUESDAY, MARCH 31, 2015 2987 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,166,080 Child Care & Development Block Grant CFDA93.575 $209,161 FFIND Child Care and Development Block Grant CFDA93.575 $10,599,773 Community Services Block Grant CFDA93.569 $16,526,699 Foster Care Title IV-E CFDA93.658 $85,540,996 Low-Income Home Energy Assistance CFDA93.568 $55,866,874 Medical Assistance Program CFDA93.778 $79,458,085 Social Services Block Grant CFDA93.667 $52,778,456 Temporary Assistance for Needy Families $355,704,501 Temporary Assistance for Needy Families Grant CFDA93.558 $348,149,998 TANF Transfers to Social Services Block Grant per 42 USC 604 $7,554,503 TOTAL AGENCY FUNDS $48,536,211 Contributions, Donations, and Forfeitures $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 Reserved Fund Balances $465,286 Reserved Fund Balances Not Itemized $465,286 Sales and Services $48,024,425 Sales and Services Not Itemized $48,024,425 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,567,485 State Funds Transfers $1,344,249 Agency to Agency Contracts $1,344,249 Federal Funds Indirect $2,223,236 FFIND Community Services Block Grant CFDA93.569 $2,223,236 TOTAL PUBLIC FUNDS $1,717,415,649 $1,166,080 $209,161 $10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,723,319,842 $1,166,080 $209,161 $10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,723,090,249 $1,166,080 $209,161 $10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $348,149,998 $7,554,503 $48,536,211 $46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,723,565,648 Adoptions 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 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $34,074,571 $34,074,571 $56,178,865 $39,778,865 $34,074,571 $34,074,571 $56,178,865 $39,778,865 2988 JOURNAL OF THE SENATE 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 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $90,299,936 170.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,251 $25,251 $25,251 $25,251 170.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,456 $8,456 $8,456 $8,456 170.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,031 $1,031 $1,031 $1,031 170.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Federal Funds Not Itemized Total Public Funds: ($386,952) $386,952 $0 ($386,952) $386,952 $0 ($386,952) $386,952 $0 ($386,952) $386,952 $0 170.100 -Adoptions Services Appropriation (HB 76) The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. TOTAL STATE FUNDS $33,722,357 $33,722,357 $33,722,357 $33,722,357 State General Funds $33,722,357 $33,722,357 $33,722,357 $33,722,357 TOTAL FEDERAL FUNDS $56,565,817 $56,565,817 $56,565,817 $56,565,817 Federal Funds Not Itemized $40,165,817 $40,165,817 $40,165,817 $40,165,817 Temporary Assistance for Needy Families $16,400,000 $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 $16,400,000 TUESDAY, MARCH 31, 2015 2989 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $46,500 $46,500 $46,500 $90,334,674 $46,500 $46,500 $46,500 $90,334,674 $46,500 $46,500 $46,500 $90,334,674 $46,500 $46,500 $46,500 $90,334,674 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 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000 171.100 -After School Care Appropriation (HB 76) 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 $15,500,000 Temporary Assistance for Needy Families $15,500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $15,500,000 TOTAL PUBLIC FUNDS $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 $15,500,000 Child Abuse and Neglect Prevention Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 172.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $587 $587 $587 $587 2990 JOURNAL OF THE SENATE 172.2 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect Prevention program for child abuse and neglect prevention and home visiting activities. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Federal Funds Not Itemized Total Public Funds: $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 $1,181,946 $768,167 $2,304,503 $4,846,394 $9,101,010 172.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for abstinence education activities. (H and S:NO; Eliminate funds for the health survey program) State General Funds Federal Funds Not Itemized Total Public Funds: $515,567 $0 $0 $0 $63,738 $0 $0 $0 $579,305 $0 $0 $0 172.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities. State General Funds $92,500 $92,500 $92,500 $92,500 172.99 CC: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. Senate: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. House: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. Governor: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. State General Funds $0 $0 $0 $0 172.100 -Child Abuse and Neglect Prevention Appropriation (HB 76) The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. TOTAL STATE FUNDS $1,790,600 $1,275,033 $1,275,033 $1,275,033 State General Funds $1,790,600 $1,275,033 $1,275,033 $1,275,033 TUESDAY, MARCH 31, 2015 2991 TOTAL FEDERAL FUNDS $7,982,802 Federal Funds Not Itemized $4,910,132 Temporary Assistance for Needy Families $3,072,670 Temporary Assistance for Needy Families Grant CFDA93.558 $768,167 TANF Transfers to Social Services Block Grant per 42 USC 604 $2,304,503 TOTAL PUBLIC FUNDS $9,773,402 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,194,097 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,194,097 $7,919,064 $4,846,394 $3,072,670 $768,167 $2,304,503 $9,194,097 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 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 $0 $0 $9,777,346 $9,777,346 $9,777,346 173.100 -Child Care Services Appropriation (HB 76) 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 $9,777,346 FFIND Child Care and Development Block Grant CFDA93.575 $9,777,346 TOTAL PUBLIC FUNDS $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 $9,777,346 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 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 $28,323,847 $28,323,847 $76,405,754 $76,285,754 $120,000 2992 JOURNAL OF THE SENATE 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 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $107,966,861 174.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $333,177 $333,177 $333,177 $333,177 174.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $148,914 $148,914 $148,914 $148,914 174.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $13,107 $13,107 $13,107 $13,107 174.100 -Child Support Services Appropriation (HB 76) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $28,819,045 $28,819,045 $28,819,045 $28,819,045 State General Funds $28,819,045 $28,819,045 $28,819,045 $28,819,045 TOTAL FEDERAL FUNDS $76,405,754 $76,405,754 $76,405,754 $76,405,754 Federal Funds Not Itemized $76,285,754 $76,285,754 $76,285,754 $76,285,754 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 $108,462,059 $108,462,059 $108,462,059 $108,462,059 TUESDAY, MARCH 31, 2015 2993 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 $113,614,101 State General Funds $113,614,101 TOTAL FEDERAL FUNDS $156,184,634 Federal Funds Not Itemized $27,943,131 CCDF Mandatory & Matching Funds CFDA93.596 $22,498 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $200,835 Foster Care Title IV-E CFDA93.658 $28,224,544 Medical Assistance Program CFDA93.778 $154,157 Social Services Block Grant CFDA93.667 $2,846,970 Temporary Assistance for Needy Families $96,792,499 Temporary Assistance for Needy Families Grant CFDA93.558 $91,542,499 TANF Transfers to Social Services Block Grant per 42 USC 604 $5,250,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $112,489 State Funds Transfers $112,489 Agency to Agency Contracts $112,489 TOTAL PUBLIC FUNDS $269,911,224 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 $113,614,101 $113,614,101 $156,184,634 $27,943,131 $22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224 175.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,044,406 $2,044,406 $2,044,406 $2,044,406 175.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $583,255 $583,255 $583,255 $583,255 175.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,405 $6,405 $6,405 $6,405 175.4 Increase funds to annualize the cost of the 103 FY2015 Child Protective Services caseworkers. State General Funds $4,977,117 $4,977,117 $4,977,117 $4,977,117 2994 JOURNAL OF THE SENATE Foster Care Title IV-E CFDA93.658 Total Public Funds: $1,244,279 $6,221,396 $1,244,279 $6,221,396 $1,244,279 $6,221,396 $1,244,279 $6,221,396 175.5 Increase funds for personnel for 128 additional new Child Protective Services caseworkers and transfer funds from the Federal Benefits Eligibility Services program to the Child Welfare Services program for 47 additional Child Protective Services caseworkers. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $7,513,193 $1,878,298 $9,391,491 $7,513,193 $1,878,298 $9,391,491 $7,513,193 $1,878,298 $9,391,491 $7,513,193 $1,878,298 $9,391,491 175.6 Transfer real estate savings from the Federal Benefits Eligibility Services program to the Child Welfare Services program for Statewide Automated Child Welfare Information System (SHINES) maintenance. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $414,180 $414,180 $828,360 $414,180 $414,180 $828,360 $414,180 $414,180 $828,360 $414,180 $414,180 $828,360 175.7 Increase funds to implement a supervisor mentor pilot program as recommended by the Child Welfare Reform Council. State General Funds $220,000 $220,000 $220,000 $220,000 175.8 Increase funds to implement career ladders and performance-based increases for CPS caseworkers and supervisors as recommended by the Child Welfare Reform Council. State General Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 175.9 Increase funds for training to enhance CPS caseworker safety as recommended by the Child Welfare Reform Council. State General Funds $620,000 $620,000 $620,000 $620,000 175.10 Increase funds for mobile technologies to support field knowledge and application of policy as recommended by the Child Welfare Reform Council. State General Funds $1,033,000 $1,033,000 $1,033,000 $1,033,000 175.11 Increase funds to improve recruitment and training of foster parents as recommended by the Child Welfare Reform Council. State General Funds $5,833,000 $5,833,000 $5,833,000 $5,833,000 TUESDAY, MARCH 31, 2015 2995 175.12 Increase funds for the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize funds for criminal background investigations ($50,000). (S:Increase funds for the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize funds for criminal background investigations ($20,000)) State General Funds $120,000 $90,000 $120,000 175.100 -Child Welfare Services Appropriation (HB 76) 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 $141,858,657 $141,978,657 $141,948,657 $141,978,657 State General Funds $141,858,657 $141,978,657 $141,948,657 $141,978,657 TOTAL FEDERAL FUNDS $159,721,391 $159,721,391 $159,721,391 $159,721,391 Federal Funds Not Itemized $27,943,131 $27,943,131 $27,943,131 $27,943,131 CCDF Mandatory & Matching Funds CFDA93.596 $22,498 $22,498 $22,498 $22,498 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $200,835 $200,835 $200,835 $200,835 Foster Care Title IV-E CFDA93.658 $31,761,301 $31,761,301 $31,761,301 $31,761,301 Medical Assistance Program CFDA93.778 $154,157 $154,157 $154,157 $154,157 Social Services Block Grant CFDA93.667 $2,846,970 $2,846,970 $2,846,970 $2,846,970 Temporary Assistance for Needy Families $96,792,499 $96,792,499 $96,792,499 $96,792,499 Temporary Assistance for Needy Families Grant CFDA93.558 $91,542,499 $91,542,499 $91,542,499 $91,542,499 TANF Transfers to Social Services Block Grant per 42 USC 604 $5,250,000 $5,250,000 $5,250,000 $5,250,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $112,489 $112,489 $112,489 $112,489 State Funds Transfers $112,489 $112,489 $112,489 $112,489 Agency to Agency Contracts $112,489 $112,489 $112,489 $112,489 TOTAL PUBLIC FUNDS $301,692,537 $301,812,537 $301,782,537 $301,812,537 Child Welfare Services - Special Project Continuation Budget The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 2996 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL PUBLIC FUNDS $768,167 $2,304,503 $9,101,010 $768,167 $2,304,503 $9,101,010 $768,167 $2,304,503 $9,101,010 $768,167 $2,304,503 $9,101,010 176.1 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect Prevention program for child abuse and neglect prevention and home visiting activities. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Federal Funds Not Itemized Total Public Funds: ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) ($1,181,946) ($768,167) ($2,304,503) ($4,846,394) ($9,101,010) 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 $16,110,137 $16,110,137 $16,110,137 $0 $0 $16,110,137 $16,110,137 $16,110,137 $0 $0 $16,110,137 $16,110,137 $16,110,137 $0 $0 $16,110,137 $16,110,137 $16,110,137 177.100-Community Services Appropriation (HB 76) 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 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 $16,110,137 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. TUESDAY, MARCH 31, 2015 2997 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND 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 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 $34,484,962 $34,484,962 $51,913,384 $27,835,415 $965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301 178.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $678,740 $678,740 $678,740 $678,740 178.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $278,664 $278,664 $278,664 $278,664 178.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $27,706 $27,706 $27,706 $27,706 178.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $84,622 $84,622 $84,622 $163,920 2998 JOURNAL OF THE SENATE 178.5 Increase funds to replace the loss of federal funds resulting from changes to the statewide cost allocation methodology for payments for state administrative hearings. State General Funds $613,593 $613,593 $0 $500,000 178.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. TOTAL STATE FUNDS $36,168,287 $36,168,287 $35,554,694 $36,133,992 State General Funds $36,168,287 $36,168,287 $35,554,694 $36,133,992 TOTAL FEDERAL FUNDS $51,913,384 $51,913,384 $51,913,384 $51,913,384 Federal Funds Not Itemized $27,835,415 $27,835,415 $27,835,415 $27,835,415 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $965,245 $965,245 $965,245 $965,245 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $243,158 $243,158 $243,158 $243,158 Foster Care Title IV-E CFDA93.658 $3,870,198 $3,870,198 $3,870,198 $3,870,198 Low-Income Home Energy Assistance CFDA93.568 $258,779 $258,779 $258,779 $258,779 Medical Assistance Program CFDA93.778 $3,726,454 $3,726,454 $3,726,454 $3,726,454 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $12,265,599 $12,265,599 $12,265,599 $12,265,599 Temporary Assistance for Needy Families Grant CFDA93.558 $12,265,599 $12,265,599 $12,265,599 $12,265,599 TOTAL AGENCY FUNDS $13,260,955 $13,260,955 $13,260,955 $13,260,955 Sales and Services $13,260,955 $13,260,955 $13,260,955 $13,260,955 Sales and Services Not Itemized $13,260,955 $13,260,955 $13,260,955 $13,260,955 TOTAL PUBLIC FUNDS $101,342,626 $101,342,626 $100,729,033 $101,308,331 Elder Abuse Investigations and Prevention Continuation Budget The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $15,499,746 $15,499,746 $3,573,433 $793,894 $15,499,746 $15,499,746 $3,573,433 $793,894 $15,499,746 $15,499,746 $3,573,433 $793,894 $15,499,746 $15,499,746 $3,573,433 $793,894 TUESDAY, MARCH 31, 2015 2999 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $500,000 $2,279,539 $19,073,179 $500,000 $2,279,539 $19,073,179 $500,000 $2,279,539 $19,073,179 $500,000 $2,279,539 $19,073,179 179.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $233,286 $233,286 $233,286 $233,286 179.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $101,285 $101,285 $101,285 $101,285 179.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $9,523 $9,523 $9,523 $9,523 179.4 Increase funds for personnel for 11 additional Adult Protective Services caseworkers. State General Funds $693,333 $693,333 $693,333 $693,333 179.5 Increase funds for technology needs and federally required volunteer training in local programs. State General Funds $126,904 $126,904 $126,904 179.100 -Elder Abuse Investigations and Prevention Appropriation (HB 76) 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 $16,537,173 $16,664,077 $16,664,077 $16,664,077 State General Funds $16,537,173 $16,664,077 $16,664,077 $16,664,077 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 $20,110,606 $20,237,510 $20,237,510 $20,237,510 3000 JOURNAL OF THE SENATE Elder Community Living Services Continuation Budget The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 $70,285,342 $64,093,536 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $111,702,144 180.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,037 $13,037 $13,037 $13,037 180.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,999 $4,999 $4,999 $4,999 180.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $532 $532 $532 $532 180.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds ($1,039,827) ($1,039,827) ($1,039,827) ($1,039,827) 180.5 Reduce administrative costs for the 12 Area Agencies on Aging (AAA) and utilize savings to provide additional services to consumers. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 TUESDAY, MARCH 31, 2015 3001 180.6 Increase funds for Home and Community Based Services (HCBS). (CC:Increase funds for Home and Community Based Services (HCBS) for 1,000 waivers) State General Funds $1,500,000 $1,884,000 $1,727,800 180.7 Increase funds for personnel for one coordinator position to manage the Alzheimer's and Related Dementias State Plan pursuant to SB14 (2013 Session). State General Funds $107,594 $107,594 $107,594 180.100-Elder Community Living Services Appropriation (HB 76) 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 $69,264,083 $63,072,277 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $110,680,885 $70,871,677 $64,679,871 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $112,288,479 $71,255,677 $65,063,871 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $112,672,479 $71,099,477 $64,907,671 $6,191,806 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $112,516,279 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 $3,615,507 $3,615,507 $6,616,268 $5,866,268 $750,000 $10,231,775 3002 JOURNAL OF THE SENATE 181.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,862 $8,862 $8,862 $8,862 181.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,807 $3,807 $3,807 $3,807 181.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $362 $362 $362 $362 181.100 -Elder Support Services Appropriation (HB 76) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $3,628,538 $3,628,538 $3,628,538 $3,628,538 State General Funds $3,628,538 $3,628,538 $3,628,538 $3,628,538 TOTAL FEDERAL FUNDS $6,616,268 $6,616,268 $6,616,268 $6,616,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 $5,866,268 Social Services Block Grant CFDA93.667 $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $10,244,806 $10,244,806 $10,244,806 $10,244,806 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 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 $0 $0 $55,320,027 $55,320,027 $55,320,027 182.100 -Energy Assistance Appropriation (HB 76) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TUESDAY, MARCH 31, 2015 3003 TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568 TOTAL PUBLIC FUNDS $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 $55,320,027 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 PUBLIC FUNDS $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 $11,802,450 183.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice Coordinating Council: Family Violence program to align administration of Family Violence activities. State General Funds ($11,802,450) ($11,802,450) ($11,802,450) ($11,802,450) 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 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 $106,707,981 $106,707,981 $177,263,164 $88,457,286 $822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145 3004 JOURNAL OF THE SENATE 184.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,270,185 $2,270,185 $2,270,185 $2,270,185 184.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $640,844 $640,844 $640,844 $640,844 184.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,857 $1,857 $1,857 $1,857 184.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $20,199 $20,199 $20,199 $39,127 184.5 Reduce funds in contracts and transfer savings from the Federal Eligibility Benefit Services program to the Child Welfare Services program for 47 additional Child Protective Services caseworkers. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 184.6 Reduce funds to reflect real estate savings from the Houston County Division of Children and Family Services building acquisition and transfer savings to the Child Welfare Services program for Statewide Automated Child Welfare Information System (SHINES) maintenance. State General Funds ($414,180) ($414,180) ($414,180) ($414,180) 184.100 -Federal Eligibility Benefit Services Appropriation (HB 76) 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 $107,226,886 $107,226,886 $107,226,886 $107,245,814 State General Funds $107,226,886 $107,226,886 $107,226,886 $107,245,814 TOTAL FEDERAL FUNDS $177,263,164 $177,263,164 $177,263,164 $177,263,164 Federal Funds Not Itemized $88,457,286 $88,457,286 $88,457,286 $88,457,286 FFIND Child Care and Development Block Grant CFDA93.575 $822,427 $822,427 $822,427 $822,427 Community Services Block Grant CFDA93.569 $173,404 $173,404 $173,404 $173,404 Foster Care Title IV-E CFDA93.658 $4,168,845 $4,168,845 $4,168,845 $4,168,845 TUESDAY, MARCH 31, 2015 3005 Low-Income Home Energy Assistance CFDA93.568 $288,068 Medical Assistance Program CFDA93.778 $60,139,396 Temporary Assistance for Needy Families $23,213,738 Temporary Assistance for Needy Families Grant CFDA93.558 $23,213,738 TOTAL PUBLIC FUNDS $284,490,050 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,490,050 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,490,050 $288,068 $60,139,396 $23,213,738 $23,213,738 $284,508,978 Federal Fund Transfers to Other Agencies Continuation Budget The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 185.100-Federal Fund Transfers to Other Agencies Appropriation (HB 76) The purpose of this appropriation is to reflect federal funds received by Department of Human Services to be transferred to other agencies for eligible expenditures under federal law. TOTAL FEDERAL FUNDS $63,974,072 Social Services Block Grant CFDA93.667 $40,481,142 Temporary Assistance for Needy Families $23,492,930 Temporary Assistance for Needy Families Grant CFDA93.558 $23,492,930 TOTAL PUBLIC FUNDS $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072 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 $72,281,117 $72,281,117 $137,852,347 $72,281,117 $72,281,117 $137,852,347 $72,281,117 $72,281,117 $137,852,347 $72,281,117 $72,281,117 $137,852,347 3006 JOURNAL OF THE SENATE 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 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 $164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464 186.1 Increase funds for growth in Out-Of-Home Care utilization. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $9,812,147 $5,218,767 $15,030,914 $9,812,147 $5,218,767 $15,030,914 $9,812,147 $5,218,767 $15,030,914 $9,812,147 $5,218,767 $15,030,914 186.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: ($405,346) $405,346 $0 ($405,346) $405,346 $0 ($405,346) $405,346 $0 ($405,346) $405,346 $0 186.100 -Out-of-Home Care Appropriation (HB 76) 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 $81,687,918 $81,687,918 $81,687,918 $81,687,918 State General Funds $81,687,918 $81,687,918 $81,687,918 $81,687,918 TOTAL FEDERAL FUNDS $143,476,460 $143,476,460 $143,476,460 $143,476,460 Federal Funds Not Itemized $164,819 $164,819 $164,819 $164,819 Foster Care Title IV-E CFDA93.658 $45,121,389 $45,121,389 $45,121,389 $45,121,389 Temporary Assistance for Needy Families $98,190,252 $98,190,252 $98,190,252 $98,190,252 Temporary Assistance for Needy Families Grant CFDA93.558 $98,190,252 $98,190,252 $98,190,252 $98,190,252 TOTAL PUBLIC FUNDS $225,164,378 $225,164,378 $225,164,378 $225,164,378 Refugee Assistance Continuation Budget The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TUESDAY, MARCH 31, 2015 3007 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 $0 $0 $9,303,613 $9,303,613 $9,303,613 187.100 -Refugee Assistance Appropriation (HB 76) 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 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 $9,303,613 Residential 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 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 $1,589,350 $1,589,350 $619,263 $619,263 $2,208,613 188.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $32,610 $32,610 $32,610 $32,610 188.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $14,749 $14,749 $14,749 $14,749 188.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,331 $1,331 $1,331 $1,331 3008 JOURNAL OF THE SENATE 188.98 Change the name of the Child Care Licensing program to Residential Child Care Licensing. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 188.100 -Residential Child Care Licensing Appropriation (HB 76) 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 $1,638,040 $1,638,040 $1,638,040 $1,638,040 State General Funds $1,638,040 $1,638,040 $1,638,040 $1,638,040 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 $2,257,303 $2,257,303 $2,257,303 $2,257,303 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 TOTAL PUBLIC FUNDS $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 $100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610 189.100-Support for Needy Families - Basic Assistance Appropriation (HB 76) 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 $48,306,610 $48,306,610 $48,306,610 $48,306,610 Temporary Assistance for Needy Families $48,306,610 $48,306,610 $48,306,610 $48,306,610 Temporary Assistance for Needy Families Grant CFDA93.558 $48,306,610 $48,306,610 $48,306,610 $48,306,610 TOTAL PUBLIC FUNDS $48,406,610 $48,406,610 $48,406,610 $48,406,610 TUESDAY, MARCH 31, 2015 3009 Support for Needy Families - Work Assistance Continuation Budget 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 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 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 190.100-Support for Needy Families - Work Assistance Appropriation (HB 76) 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 FEDERAL FUNDS $18,547,617 Federal Funds Not Itemized $77,414 Temporary Assistance for Needy Families $18,470,203 Temporary Assistance for Needy Families Grant CFDA93.558 $18,470,203 TOTAL PUBLIC FUNDS $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617 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 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 $227,322 191.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,977 $2,977 $2,977 $2,977 3010 JOURNAL OF THE SENATE 191.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,310 $2,310 $2,310 $2,310 191.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $122 $122 $122 $122 191.100 -Council On Aging Appropriation (HB 76) 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 $232,731 $232,731 $232,731 $232,731 State General Funds $232,731 $232,731 $232,731 $232,731 TOTAL PUBLIC FUNDS $232,731 $232,731 $232,731 $232,731 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 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 $8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967 192.1 Increase funds to raise county allocations from $45,000 to $46,000. State General Funds $159,000 $159,000 $159,000 192.100-Family Connection Appropriation (HB 76) 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 $8,664,148 $8,664,148 $8,664,148 State General Funds $8,505,148 $8,664,148 $8,664,148 $8,664,148 TUESDAY, MARCH 31, 2015 3011 TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,172,819 $1,172,819 $9,677,967 $1,172,819 $1,172,819 $9,836,967 $1,172,819 $1,172,819 $9,836,967 $1,172,819 $1,172,819 $9,836,967 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 $277,214 $277,214 $696,740 $696,740 $2,259,236 $36,000 $36,000 $2,223,236 $2,223,236 $3,233,190 193.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,901 $3,901 $3,901 $3,901 193.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,686 $1,686 $1,686 $1,686 193.100-Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 76) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $282,801 $282,801 $282,801 $282,801 State General Funds $282,801 $282,801 $282,801 $282,801 TOTAL FEDERAL FUNDS $696,740 $696,740 $696,740 $696,740 Federal Funds Not Itemized $696,740 $696,740 $696,740 $696,740 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,259,236 $2,259,236 $2,259,236 $2,259,236 3012 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 $36,000 $36,000 $2,223,236 $2,223,236 $3,238,777 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 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 $1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874 194.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $78,130 $78,130 $78,130 $78,130 194.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $28,596 $28,596 $28,596 $28,596 194.3 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds ($71,809) ($71,809) ($71,809) ($71,809) 194.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 76) 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 $1,461,659 $1,461,659 $1,461,659 $1,461,659 TUESDAY, MARCH 31, 2015 3013 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,461,659 $6,526,132 $6,526,132 $7,987,791 $1,461,659 $6,526,132 $6,526,132 $7,987,791 $1,461,659 $6,526,132 $6,526,132 $7,987,791 $1,461,659 $6,526,132 $6,526,132 $7,987,791 Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 $0 $0 $70,333,617 $70,333,617 $70,333,617 195.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services Appropriation (HB 76) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 $70,333,617 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 $0 $0 $9,507,334 $0 $0 $9,507,334 $0 $0 $9,507,334 $0 $0 $9,507,334 3014 JOURNAL OF THE SENATE Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 196.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 76) 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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 $17,806,918 $17,806,918 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $93,771,132 TUESDAY, MARCH 31, 2015 3015 197.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $232,009 $232,009 $232,009 $232,009 197.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $220,312 $220,312 $220,312 $220,312 197.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,178 $2,178 $2,178 $2,178 197.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $5,687 $5,687 $5,687 $9,060 197.5 Increase funds for telecommunications. State General Funds $52,592 $52,592 $52,592 $52,592 197.6 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers. State General Funds $71,809 $71,809 $71,809 $71,809 197.7 Increase funds to assist training and employment support for Georgians with disabilities. State General Funds Federal Funds Not Itemized Total Public Funds: $900,000 $3,600,000 $4,500,000 $900,000 $3,600,000 $4,500,000 $900,000 $3,600,000 $4,500,000 197.8 Reduce funds for one-time funding for Friends of Disabled Adults and Children (FODAC) for equipment. (CC:Utilize existing funds for equipment for Friends of Disabled Adults and Children (FODAC)) State General Funds ($30,000) $0 $0 197.100-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. Appropriation (HB 76) 3016 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 $18,391,505 $18,391,505 $70,804,214 $70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $94,355,719 $19,261,505 $19,261,505 $74,404,214 $74,404,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $98,825,719 $19,291,505 $19,291,505 $74,404,214 $74,404,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $98,855,719 $19,294,878 $19,294,878 $74,404,214 $74,404,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000 $98,859,092 Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Continuation Budget The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 $2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965 198.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital Appropriation (HB 76) The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent lifestyle possible. TOTAL STATE FUNDS $2,069,043 $2,069,043 $2,069,043 $2,069,043 State General Funds $2,069,043 $2,069,043 $2,069,043 $2,069,043 TOTAL AGENCY FUNDS $18,519,922 $18,519,922 $18,519,922 $18,519,922 Sales and Services $18,519,922 $18,519,922 $18,519,922 $18,519,922 Sales and Services Not Itemized $18,519,922 $18,519,922 $18,519,922 $18,519,922 TOTAL PUBLIC FUNDS $20,588,965 $20,588,965 $20,588,965 $20,588,965 TUESDAY, MARCH 31, 2015 3017 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 $19,839,192 $19,839,192 $19,839,192 $19,839,192 $19,839,192 $19,839,192 $726,955 $726,955 $726,955 $726,955 $726,955 $726,955 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $20,905,173 $20,905,173 $20,905,173 $19,839,192 $19,839,192 $726,955 $726,955 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173 3018 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 Section Total - Final $19,992,187 $19,992,187 $19,992,187 $19,992,187 $1,035,108 $1,035,108 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $334,026 $334,026 $334,026 $21,366,321 $21,366,321 $19,842,187 $19,842,187 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,216,321 $19,896,674 $19,896,674 $1,035,108 $1,035,108 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,270,808 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 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 $1,812,192 199.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,932 $33,932 $33,932 $33,932 199.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,554 $12,554 $12,554 $12,554 199.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $4,205 $4,205 $4,205 $4,205 TUESDAY, MARCH 31, 2015 3019 199.4 Reduce funds to reflect an adjustment in Teamworks billings. (CC:Increase funds to reflect an adjustment in Teamworks billings) State General Funds ($552) ($552) ($552) $3,934 199.100-Departmental Administration Appropriation (HB 76) 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 $1,862,331 $1,862,331 $1,862,331 $1,866,817 State General Funds $1,862,331 $1,862,331 $1,862,331 $1,866,817 TOTAL PUBLIC FUNDS $1,862,331 $1,862,331 $1,862,331 $1,866,817 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 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 $774,303 200.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,759 $8,759 $8,759 $8,759 200.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,284 $5,284 $5,284 $5,284 200.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,085 $1,085 $1,085 $1,085 200.100 -Enforcement Appropriation (HB 76) 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. 3020 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 $789,431 Fire Safety Continuation Budget The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 $7,089,780 $7,089,780 $720,479 $720,479 $5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285 201.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $95,618 $95,618 $95,618 $95,618 201.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,167 $48,167 $48,167 $48,167 201.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,848 $11,848 $11,848 $11,848 TUESDAY, MARCH 31, 2015 3021 201.4 Replace funds for manufactured housing inspections and regulatory activities. State General Funds Federal Funds Not Itemized Total Public Funds: ($308,153) $308,153 $0 ($308,153) $308,153 $0 201.5 Reduce funds for motor vehicle purchases. State General Funds ($308,153) $308,153 $0 ($42,716) ($308,153) $308,153 $0 ($42,716) 201.100-Fire Safety Appropriation (HB 76) 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 $6,937,260 $6,937,260 $6,894,544 $6,894,544 State General Funds $6,937,260 $6,937,260 $6,894,544 $6,894,544 TOTAL FEDERAL FUNDS $1,028,632 $1,028,632 $1,028,632 $1,028,632 Federal Funds Not Itemized $1,028,632 $1,028,632 $1,028,632 $1,028,632 TOTAL AGENCY FUNDS $5,000 $5,000 $5,000 $5,000 Sales and Services $5,000 $5,000 $5,000 $5,000 Sales and Services Not Itemized $5,000 $5,000 $5,000 $5,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $334,026 $334,026 $334,026 $334,026 State Funds Transfers $334,026 $334,026 $334,026 $334,026 Agency to Agency Contracts $334,026 $334,026 $334,026 $334,026 TOTAL PUBLIC FUNDS $8,304,918 $8,304,918 $8,262,202 $8,262,202 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 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 $670,948 3022 JOURNAL OF THE SENATE 202.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,084 $10,084 $10,084 $10,084 202.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,457 $4,457 $4,457 $4,457 202.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,250 $1,250 $1,250 $1,250 202.4 Reduce funds for motor vehicle purchases. State General Funds ($18,527) ($18,527) 202.100 -Industrial Loan Appropriation (HB 76) 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 $686,739 $686,739 $668,212 $668,212 State General Funds $686,739 $686,739 $668,212 $668,212 TOTAL PUBLIC FUNDS $686,739 $686,739 $668,212 $668,212 Insurance Regulation Continuation Budget The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 $5,277,604 203.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $141,314 $141,314 $141,314 $141,314 TUESDAY, MARCH 31, 2015 3023 203.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $65,633 $65,633 $65,633 $65,633 203.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $17,510 $17,510 $17,510 $17,510 203.4 Reduce funds for motor vehicle purchases. State General Funds ($50,001) $0 203.5 Reduce funds for operations. State General Funds ($38,756) ($38,756) 203.98 Transfer funds, 55 positions and five motor vehicles from the Special Fraud program to the Insurance Regulation program. State General Funds Federal Funds Not Itemized Total Public Funds: $4,214,365 $6,476 $4,220,841 $4,214,365 $6,476 $4,220,841 $4,214,365 $6,476 $4,220,841 $4,214,365 $6,476 $4,220,841 203.100 -Insurance Regulation Appropriation (HB 76) 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 $9,716,426 $9,716,426 $9,627,669 $9,677,670 State General Funds $9,716,426 $9,716,426 $9,627,669 $9,677,670 TOTAL FEDERAL FUNDS $6,476 $6,476 $6,476 $6,476 Federal Funds Not Itemized $6,476 $6,476 $6,476 $6,476 TOTAL PUBLIC FUNDS $9,722,902 $9,722,902 $9,634,145 $9,684,146 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. 3024 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 $4,214,365 $4,214,365 $6,476 $6,476 $4,220,841 204.98 Transfer funds, 55 positions, and five motor vehicles from the Special Fraud program to the Insurance Regulation program. State General Funds Federal Funds Not Itemized Total Public Funds: ($4,214,365) ($6,476) ($4,220,841) ($4,214,365) ($6,476) ($4,220,841) ($4,214,365) ($6,476) ($4,220,841) ($4,214,365) ($6,476) ($4,220,841) Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $99,943,154 $99,943,154 $99,943,154 $99,943,154 $99,943,154 $99,943,154 $30,583,872 $30,583,872 $30,583,872 $29,592,192 $29,592,192 $29,592,192 $991,680 $991,680 $991,680 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $153,615,262 $153,615,262 $153,615,262 $99,943,154 $99,943,154 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $119,060,297 $120,695,059 $119,060,297 $120,695,059 $30,583,872 $30,583,872 $29,592,192 $29,592,192 $991,680 $991,680 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $23,088,236 $172,732,405 $174,367,167 $120,107,678 $120,107,678 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $173,779,786 $121,041,296 $121,041,296 $30,583,872 $29,592,192 $991,680 $23,088,236 $23,088,236 $23,088,236 $174,713,404 TUESDAY, MARCH 31, 2015 3025 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 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 $7,683,937 $7,683,937 $12,600 $12,600 $7,696,537 205.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $58,996 $58,996 $58,996 $58,996 205.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $30,604 $30,604 $30,604 $30,604 205.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($739) ($739) ($739) ($739) 205.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $26,490 $26,490 $26,490 $47,727 205.5 Increase funds for telecommunications. State General Funds $92,330 $92,330 $92,330 $92,330 205.100-Bureau Administration Appropriation (HB 76) 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 $7,891,618 $7,891,618 $7,891,618 $7,912,855 State General Funds $7,891,618 $7,891,618 $7,891,618 $7,912,855 TOTAL FEDERAL FUNDS $12,600 $12,600 $12,600 $12,600 3026 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,600 $7,904,218 $12,600 $7,904,218 $12,600 $7,904,218 $12,600 $7,925,455 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 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 $4,221,183 $4,221,183 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762 206.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $53,422 $53,422 $53,422 $53,422 206.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,223 $24,223 $24,223 $24,223 206.3 Increase funds for telecommunications. State General Funds $93,936 $93,936 $93,936 $93,936 206.100-Criminal Justice Information Services Appropriation (HB 76) 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 $4,392,764 $4,392,764 $4,392,764 $4,392,764 State General Funds $4,392,764 $4,392,764 $4,392,764 $4,392,764 TUESDAY, MARCH 31, 2015 3027 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343 $123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,825,343 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 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 $31,759,867 $31,759,867 $66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863 207.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $372,406 $372,406 $372,406 $372,406 207.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $180,998 $180,998 $180,998 $180,998 207.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,296) ($4,296) ($4,296) ($4,296) 3028 JOURNAL OF THE SENATE 207.4 Increase funds for telecommunications. State General Funds $100,272 $100,272 $100,272 $100,272 207.5 Increase funds for personnel for retention and recruitment initiatives for Medical Examiner positions. State General Funds $480,084 $480,084 $480,084 $480,084 207.6 Increase funds for one Crime Lab Scientist position to provide cannabis oil analysis per HB1 (2015 Session). State General Funds $95,000 207.100-Forensic Scientific Services Appropriation (HB 76) 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 $32,889,331 $32,889,331 $32,889,331 $32,984,331 State General Funds $32,889,331 $32,889,331 $32,889,331 $32,984,331 TOTAL FEDERAL FUNDS $66,131 $66,131 $66,131 $66,131 Federal Funds Not Itemized $66,131 $66,131 $66,131 $66,131 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 $33,113,327 $33,113,327 $33,113,327 $33,208,327 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 $33,656,496 $33,656,496 $1,157,065 $33,656,496 $33,656,496 $1,157,065 $33,656,496 $33,656,496 $1,157,065 $33,656,496 $33,656,496 $1,157,065 TUESDAY, MARCH 31, 2015 3029 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 $1,157,065 $71,199 $71,199 $71,199 $34,884,760 208.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $494,210 $494,210 $494,210 $494,210 208.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $206,556 $206,556 $206,556 $206,556 208.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($3,935) ($3,935) ($3,935) ($3,935) 208.4 Increase funds for telecommunications. State General Funds $96,186 $96,186 $96,186 $96,186 208.5 Increase funds for personnel for eight agents to specialize in elder abuse cases. (S:Increase funds for personnel for four agents to specialize in elder abuse cases)(CC:Increase funds for eight agents to specialize in elder abuse cases) State General Funds $1,634,762 $817,381 $1,634,762 208.100 -Regional Investigative Services Appropriation (HB 76) 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 $34,449,513 $36,084,275 $35,266,894 $36,084,275 State General Funds $34,449,513 $36,084,275 $35,266,894 $36,084,275 TOTAL FEDERAL FUNDS $1,157,065 $1,157,065 $1,157,065 $1,157,065 Federal Funds Not Itemized $1,157,065 $1,157,065 $1,157,065 $1,157,065 3030 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $71,199 $71,199 $71,199 $35,677,777 $71,199 $71,199 $71,199 $37,312,539 $71,199 $71,199 $71,199 $36,495,158 $71,199 $71,199 $71,199 $37,312,539 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 $22,621,671 $22,621,671 $29,224,391 $28,232,711 $991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340 209.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,390 $11,390 $11,390 $11,390 209.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,022 $5,022 $5,022 $5,022 209.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($3,462) ($3,462) ($3,462) ($3,462) 209.4 Increase funds for the Accountability Courts Granting Committee to expand and create adult felony drug courts. State General Funds $1,097,713 $1,097,713 $1,097,713 $1,097,713 TUESDAY, MARCH 31, 2015 3031 209.5 Increase funds for the Accountability Courts Granting Committee to expand and create mental health accountability courts. State General Funds $220,280 $220,280 $220,280 $220,280 209.6 Increase funds for the Accountability Courts Granting Committee to expand existing courts and provide the state match to implement and support new veterans' courts. State General Funds $593,018 $593,018 $593,018 $593,018 209.7 Increase funds for the Accountability Courts Granting Committee to expand and create family dependent drug courts. State General Funds $215,975 $215,975 $215,975 $215,975 209.8 Increase funds for the Accountability Courts Granting Committee to expand juvenile drug accountability courts. State General Funds $122,105 $122,105 $122,105 $122,105 209.9 Increase funds for the Accountability Courts Granting Committee to expand DUI accountability courts. State General Funds $199,094 $199,094 $199,094 $199,094 209.10 Increase funds for the Accountability Courts Granting Committee to enter into an agreement with the Department of Corrections to provide transportation services for offenders to attend prescribed treatment and court, and to expand and support probation Day Reporting Centers. State General Funds $981,815 $981,815 $981,815 $981,815 209.11 Increase funds for the Juvenile Justice Incentive Grant Program Funding Committee to expand the Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. State General Funds $1,120,000 $1,120,000 $1,120,000 $1,120,000 209.12 Increase funds for the Accountability Courts Funding Committee to enter into an agreement with the Department of Behavioral Health and Developmental Disabilities to provide fidelity reviews on treatment providers, and for personnel for two mental health liaison positions to coordinate treatment between the agency and the courts. State General Funds $450,000 $450,000 $450,000 $450,000 3032 JOURNAL OF THE SENATE 209.100-Criminal Justice Coordinating Council Appropriation (HB 76) 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 $27,634,621 $27,634,621 $27,634,621 $27,634,621 State General Funds $27,634,621 $27,634,621 $27,634,621 $27,634,621 TOTAL FEDERAL FUNDS $29,224,391 $29,224,391 $29,224,391 $29,224,391 Federal Funds Not Itemized $28,232,711 $28,232,711 $28,232,711 $28,232,711 FFIND Temp. Assistance for Needy Families CFDA93.558 $991,680 $991,680 $991,680 $991,680 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 Sales and Services Not Itemized $16,550,278 $16,550,278 $16,550,278 $16,550,278 TOTAL PUBLIC FUNDS $73,409,290 $73,409,290 $73,409,290 $73,409,290 Criminal Justice Coordinating Council: Family Violence Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 210.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice Coordinating Council: Family Violence program to align budget with program activities. State General Funds $11,802,450 $11,802,450 $11,802,450 $11,802,450 210.2 Increase funds for $10,000 grants for the 23 Sexual Assault Centers. State General Funds $230,000 $230,000 210.99 CC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Senate: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. State General Funds $0 $0 $0 $0 TUESDAY, MARCH 31, 2015 3033 210.100-Criminal Justice Coordinating Council: Family Violence Appropriation (HB 76) 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 $12,032,450 $12,032,450 State General Funds $11,802,450 $11,802,450 $12,032,450 $12,032,450 TOTAL PUBLIC FUNDS $11,802,450 $11,802,450 $12,032,450 $12,032,450 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS Section Total - Continuation $306,918,411 $306,918,411 $306,918,411 $306,918,411 $306,918,411 $306,918,411 $5,981,599 $5,981,599 $5,981,599 $4,450,373 $4,450,373 $4,450,373 $1,531,226 $1,531,226 $1,531,226 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $313,332,253 $313,332,253 $313,332,253 $306,918,411 $306,918,411 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $313,332,253 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Final $312,701,460 $312,701,460 $312,701,460 $312,701,460 $5,981,599 $5,981,599 $4,450,373 $4,450,373 $1,531,226 $1,531,226 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $351,158 $309,610,686 $309,610,686 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 $312,759,048 $312,759,048 $5,981,599 $4,450,373 $1,531,226 $81,085 $81,085 $81,085 $351,158 $351,158 3034 JOURNAL OF THE SENATE FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $351,158 $351,158 $351,158 $351,158 $319,115,302 $319,115,302 $316,024,528 $319,172,890 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 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 State General Funds TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 $83,678,879 $83,678,879 $1,373,480 $1,373,480 $351,158 $351,158 $351,158 $85,403,517 211.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $739,979 $739,979 $739,979 $739,979 211.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $368,744 $368,744 $368,744 $368,744 211.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($194,072) ($194,072) ($194,072) ($194,072) 211.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $33,424 $33,424 $33,424 $49,551 TUESDAY, MARCH 31, 2015 3035 211.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 211.100-Community Services Appropriation (HB 76) 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 $86,126,954 $86,126,954 $86,126,954 $86,143,081 State General Funds $86,126,954 $86,126,954 $86,126,954 $86,143,081 TOTAL FEDERAL FUNDS $1,373,480 $1,373,480 $1,373,480 $1,373,480 Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 $1,373,480 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $351,158 $351,158 $351,158 $351,158 Federal Funds Transfers $351,158 $351,158 $351,158 $351,158 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 $351,158 TOTAL PUBLIC FUNDS $87,851,592 $87,851,592 $87,851,592 $87,867,719 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 Foster Care Title IV-E CFDA93.658 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 $23,236,761 $23,236,761 $1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299 3036 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $24,257,017 $24,257,017 $24,257,017 $24,257,017 212.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $207,229 $207,229 $207,229 $207,229 212.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $111,878 $111,878 $111,878 $111,878 212.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($36,779) ($36,779) ($36,779) ($36,779) 212.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $10,813 $10,813 $10,813 $16,030 212.100-Departmental Administration Appropriation (HB 76) 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 $23,529,902 $23,529,902 $23,529,902 $23,535,119 State General Funds $23,529,902 $23,529,902 $23,529,902 $23,535,119 TOTAL FEDERAL FUNDS $1,004,957 $1,004,957 $1,004,957 $1,004,957 Federal Funds Not Itemized $847,211 $847,211 $847,211 $847,211 Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 $157,746 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 PUBLIC FUNDS $24,550,158 $24,550,158 $24,550,158 $24,555,375 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, or convicted of an offense under Senate Bill 440. TUESDAY, MARCH 31, 2015 3037 TOTAL 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 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 $90,797,738 $90,797,738 $2,035,102 $2,035,102 $23,589 $23,589 $23,589 $92,856,429 213.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $924,998 $924,998 $924,998 $924,998 213.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $461,350 $461,350 $461,350 $461,350 213.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($287,113) ($287,113) ($287,113) ($287,113) 213.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $33,377 $33,377 $33,377 $49,482 213.5 Increase funds to annualize funds for 77 positions and operations for the Bill Ireland Youth Development Campus. State General Funds $1,841,474 $1,841,474 $1,841,474 $1,841,474 213.100-Secure Commitment (YDCs) Appropriation (HB 76) 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, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $93,771,824 $93,771,824 $93,771,824 $93,787,929 State General Funds $93,771,824 $93,771,824 $93,771,824 $93,787,929 TOTAL FEDERAL FUNDS $2,035,102 $2,035,102 $2,035,102 $2,035,102 3038 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,035,102 $23,589 $23,589 $23,589 $95,830,515 $2,035,102 $23,589 $23,589 $23,589 $95,830,515 $2,035,102 $23,589 $23,589 $23,589 $95,830,515 $2,035,102 $23,589 $23,589 $23,589 $95,846,620 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, or sentenced to the Short Term 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 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 $109,205,033 $109,205,033 $1,568,060 $1,568,060 $42,197 $42,197 $42,197 $110,815,290 214.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,294,207 $1,294,207 $1,294,207 $1,294,207 214.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $609,483 $609,483 $609,483 $609,483 214.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($377,680) ($377,680) ($377,680) ($377,680) 214.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $41,737 $41,737 $41,737 $61,876 TUESDAY, MARCH 31, 2015 3039 214.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform initiatives. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 214.6 Reduce funds to meet projected expenditures. State General Funds ($3,090,774) $0 214.7 Utilize existing funds to study and recommend a facility location in a highly populated county, Gwinnett County. (S:YES)(CC:Utilize existing and matching local funds to recommend a facility location in a highly populated county, Gwinnett County) State General Funds $0 $0 214.100 -Secure Detention (RYDCs) Appropriation (HB 76) 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, or sentenced to the Short Term Program. TOTAL STATE FUNDS $109,272,780 $109,272,780 $106,182,006 $109,292,919 State General Funds $109,272,780 $109,272,780 $106,182,006 $109,292,919 TOTAL FEDERAL FUNDS $1,568,060 $1,568,060 $1,568,060 $1,568,060 Federal Funds Not Itemized $1,568,060 $1,568,060 $1,568,060 $1,568,060 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 $42,197 TOTAL PUBLIC FUNDS $110,883,037 $110,883,037 $107,792,263 $110,903,176 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $12,692,804 $12,692,804 $12,692,804 $12,692,804 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $12,692,804 $12,692,804 $122,923,864 $122,923,864 3040 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $13,221,081 $13,039,881 $13,221,081 $13,039,881 $122,923,864 $122,923,864 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $1,069,666 $137,354,884 $137,173,684 $13,039,881 $13,039,881 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,173,684 $13,040,323 $13,040,323 $122,923,864 $122,923,864 $140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,174,126 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 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 $1,600,435 $1,600,435 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,053,000 TUESDAY, MARCH 31, 2015 3041 215.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,622 $2,622 $2,622 $2,622 215.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $7,018 $7,018 $7,018 $7,018 215.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $142 $142 $142 $142 215.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $27,668 $27,668 $27,668 $28,110 215.100 -Department of Labor Administration Appropriation (HB 76) 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 $1,637,885 $1,637,885 $1,637,885 $1,638,327 State General Funds $1,637,885 $1,637,885 $1,637,885 $1,638,327 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,090,450 $33,090,450 $33,090,450 $33,090,892 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 3042 JOURNAL OF THE SENATE 216.100 -Labor Market Information Appropriation (HB 76) 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 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 $4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186 217.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,840 $47,840 $47,840 $47,840 217.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,164 $17,164 $17,164 $17,164 217.3 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with Regulation of Youth Employment activities. State General Funds ($201,439) ($201,439) ($201,439) ($201,439) 217.4 Utilize existing funds for the collection of administrative assessments. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 217.100-Unemployment Insurance Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 3043 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751 $4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751 $4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751 $4,228,565 $4,228,565 $34,599,186 $34,599,186 $38,827,751 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 $6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548 218.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,049 $11,049 $11,049 $11,049 218.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,258 $15,258 $15,258 $15,258 218.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $597 $597 $597 $597 218.4 Increase funds for personnel for six positions for Customized Recruitment operations to support additional economic development efforts. (H and S:Increase funds for personnel for three positions for the Customized Recruitment program) State General Funds $398,919 $217,719 $217,719 $217,719 3044 JOURNAL OF THE SENATE 218.5 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with Regulation of Youth Employment activities. State General Funds $201,439 $201,439 $201,439 $201,439 218.100 -Workforce Solutions Appropriation (HB 76) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,354,631 $7,173,431 $7,173,431 $7,173,431 State General Funds $7,354,631 $7,173,431 $7,173,431 $7,173,431 TOTAL FEDERAL FUNDS $54,762,513 $54,762,513 $54,762,513 $54,762,513 Federal Funds Not Itemized $54,762,513 $54,762,513 $54,762,513 $54,762,513 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,069,666 $1,069,666 $1,069,666 $1,069,666 Agency Funds Transfers $1,069,666 $1,069,666 $1,069,666 $1,069,666 Agency Fund Transfers Not Itemized $1,069,666 $1,069,666 $1,069,666 $1,069,666 TOTAL PUBLIC FUNDS $63,186,810 $63,005,610 $63,005,610 $63,005,610 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 TOTAL PUBLIC FUNDS Section Total - Continuation $21,242,362 $21,242,362 $21,242,362 $21,242,362 $21,242,362 $21,242,362 $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 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $36,317,074 $61,429,477 $61,429,477 $61,429,477 $21,242,362 $21,242,362 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477 TOTAL STATE FUNDS State General Funds Section Total - Final $26,862,605 $26,862,605 $26,862,605 $26,862,605 $26,992,089 $26,992,089 $26,941,338 $26,941,338 TUESDAY, MARCH 31, 2015 3045 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $3,597,990 $3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,717,409 $3,597,990 $3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,717,409 $3,597,990 $3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,846,893 $3,597,990 $3,597,990 $939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074 $36,317,074 $67,796,142 Consumer Protection Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 219.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $98,063 $98,063 $98,063 $98,063 219.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $33,893 $33,893 $33,893 $33,893 219.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $11,475 $11,475 $11,475 $11,475 219.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer Protection to the Department of Law to administer the program. State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: $4,675,275 $500,000 $167,689 $5,342,964 $4,675,275 $500,000 $167,689 $5,342,964 $4,675,275 $500,000 $167,689 $5,342,964 $4,675,275 $500,000 $167,689 $5,342,964 3046 JOURNAL OF THE SENATE 219.99 CC: 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. Senate: 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. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 219.100-Consumer Protection Appropriation (HB 76) 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 $4,818,706 $4,818,706 $4,818,706 $4,818,706 State General Funds $4,818,706 $4,818,706 $4,818,706 $4,818,706 TOTAL AGENCY FUNDS $667,689 $667,689 $667,689 $667,689 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 $5,486,395 $5,486,395 $5,486,395 $5,486,395 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 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 $19,958,526 $19,958,526 $269,940 $269,940 $269,940 $36,317,074 TUESDAY, MARCH 31, 2015 3047 State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $36,317,074 $36,317,074 $56,545,540 $36,317,074 $36,317,074 $56,545,540 $36,317,074 $36,317,074 $56,545,540 $36,317,074 $36,317,074 $56,545,540 220.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $341,051 $341,051 $341,051 $341,051 220.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $181,090 $181,090 $181,090 $181,090 220.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $101,450 $101,450 $101,450 $101,450 220.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $95,708 $95,708 $95,708 $108,141 220.5 Increase funds for personnel for one vacant attorney position to mitigate future Special Assistant Attorney General expenses. State General Funds $58,006 $58,006 $58,006 $58,006 220.6 Increase funds for personnel for an additional 1% salary increase for assistant attorneys general. (CC:NO) State General Funds $129,484 $0 220.7 Increase funds for personnel for one position. State General Funds $66,000 220.100 -Law, Department of Appropriation (HB 76) 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 $20,735,831 $20,735,831 $20,865,315 $20,814,264 State General Funds $20,735,831 $20,735,831 $20,865,315 $20,814,264 3048 JOURNAL OF THE SENATE 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 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,322,845 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,322,845 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,452,329 $269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $57,401,278 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 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 $1,283,836 $1,283,836 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,883,937 221.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,080 $15,080 $15,080 $15,080 221.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $6,846 $6,846 $6,846 $6,846 221.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,306 $2,306 $2,306 $2,606 221.100 -Medicaid Fraud Control Unit Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 3049 TOTAL 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 $1,308,068 $1,308,068 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,908,169 $1,308,068 $1,308,068 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,908,169 $1,308,068 $1,308,068 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,908,169 $1,308,368 $1,308,368 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,908,469 There is hereby appropriated to the Department of Law 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 Department of Law for consumer protection for all the purposes for which such moneys may be appropriated pursuant to Article 28. 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 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 Section Total - Continuation $101,016,923 $101,016,923 $101,016,923 $101,016,923 $101,016,923 $101,016,923 $46,510,538 $46,510,538 $46,510,538 $46,498,931 $46,498,931 $46,498,931 $11,607 $11,607 $11,607 $96,232,484 $96,232,484 $96,232,484 $1,074,536 $1,074,536 $1,074,536 $1,074,536 $1,074,536 $1,074,536 $577,695 $577,695 $577,695 $577,695 $577,695 $577,695 $13,907 $13,907 $13,907 $13,907 $13,907 $13,907 $54,540 $54,540 $54,540 $54,540 $54,540 $54,540 $94,511,806 $94,511,806 $94,511,806 $94,511,806 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $101,016,923 $101,016,923 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 3050 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $30,000 $30,000 $30,000 $30,000 $243,789,945 $243,789,945 $243,789,945 $243,789,945 Section Total - Final TOTAL STATE FUNDS $103,867,181 $103,319,181 State General Funds $103,867,181 $103,319,181 TOTAL FEDERAL FUNDS $46,510,538 $46,510,538 Federal Funds Not Itemized $46,498,931 $46,498,931 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 TOTAL AGENCY FUNDS $96,232,484 $96,232,484 Contributions, Donations, and Forfeitures $1,074,536 $1,074,536 Contributions, Donations, and Forfeitures Not Itemized $1,074,536 $1,074,536 Intergovernmental Transfers $577,695 $577,695 Intergovernmental Transfers Not Itemized $577,695 $577,695 Rebates, Refunds, and Reimbursements $13,907 $13,907 Rebates, Refunds, and Reimbursements Not Itemized $13,907 $13,907 Royalties and Rents $54,540 $54,540 Royalties and Rents Not Itemized $54,540 $54,540 Sales and Services $94,511,806 $94,511,806 Sales and Services Not Itemized $94,511,806 $94,511,806 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $801,800 $801,800 State Funds Transfers $30,000 $30,000 Agency to Agency Contracts $30,000 $30,000 Agency Funds Transfers $771,800 $771,800 Agency Fund Transfers Not Itemized $771,800 $771,800 TOTAL PUBLIC FUNDS $247,412,003 $246,864,003 $103,319,181 $103,319,181 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000 $771,800 $771,800 $246,864,003 $103,310,393 $103,310,393 $46,510,538 $46,498,931 $11,607 $96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000 $771,800 $771,800 $246,855,215 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. TUESDAY, MARCH 31, 2015 3051 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 $2,100,911 $2,100,911 $5,054,621 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,263,457 222.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,725 $26,725 $26,725 $26,725 222.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,749 $9,749 $9,749 $9,749 222.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $531 $531 $531 $531 222.100 -Coastal Resources Appropriation (HB 76) 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 $2,137,916 $2,137,916 $2,137,916 $2,137,916 State General Funds $2,137,916 $2,137,916 $2,137,916 $2,137,916 TOTAL FEDERAL FUNDS $5,054,621 $5,054,621 $5,054,621 $5,054,621 3052 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,300,462 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,300,462 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,300,462 $5,054,621 $107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000 $7,300,462 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 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 $11,648,802 $11,648,802 $110,000 $110,000 $39,065 $39,065 $39,065 $11,797,867 223.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $90,466 $90,466 $90,466 $90,466 223.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $48,728 $48,728 $48,728 $48,728 223.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,553 $1,553 $1,553 $1,553 223.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $22,783 $22,783 $22,783 $56,217 TUESDAY, MARCH 31, 2015 3053 223.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,812,332 $11,812,332 $11,812,332 $11,845,766 State General Funds $11,812,332 $11,812,332 $11,812,332 $11,845,766 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 $11,961,397 $11,961,397 $11,961,397 $11,994,831 Environmental Protection Continuation Budget The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 $29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,254,938 3054 JOURNAL OF THE SENATE 224.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $309,842 $309,842 $309,842 $309,842 224.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $176,205 $176,205 $176,205 $176,205 224.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $17,943 $17,943 $17,943 $17,943 224.4 Utilize existing funds of $2,610,000 for water-related studies and Regional Plan updates. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 224.5 Utilize existing funds of $416,726 for five positions and operations for the Safe Dams Unit. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 224.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection program for the U.S.D.A. Flood Control Watershed Structures and Water Resources and Land Use Planning programs to consolidate soil and water conservation activities.(CC:NO; Reflect funds in the Department of Agriculture - State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures and Water Resources and Land Use Planning programs) State General Funds $232,222 $232,222 $232,222 $0 224.100-Environmental Protection Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 3055 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 $30,286,518 $30,286,518 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,991,150 $30,286,518 $30,286,518 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,991,150 $30,286,518 $30,286,518 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,991,150 $30,054,296 $30,054,296 $24,910,777 $24,910,777 $55,793,855 $551,768 $551,768 $55,242,087 $55,242,087 $110,758,928 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 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 $4,027,423 225.100 -Hazardous Waste Trust Fund Appropriation (HB 76) 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 $4,027,423 $4,027,423 $4,027,423 $4,027,423 State General Funds $4,027,423 $4,027,423 $4,027,423 $4,027,423 TOTAL PUBLIC FUNDS $4,027,423 $4,027,423 $4,027,423 $4,027,423 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. 3056 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 $1,603,878 $1,603,878 $1,020,787 $1,009,180 $11,607 $2,624,665 226.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,947 $13,947 $13,947 $13,947 226.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,528 $10,528 $10,528 $10,528 226.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $645 $645 $645 $645 226.100-Historic Preservation Appropriation (HB 76) 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 $1,628,998 $1,628,998 $1,628,998 $1,628,998 State General Funds $1,628,998 $1,628,998 $1,628,998 $1,628,998 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 $2,649,785 $2,649,785 $2,649,785 $2,649,785 Law Enforcement Continuation Budget The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. TUESDAY, MARCH 31, 2015 3057 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 $17,490,026 $17,490,026 $2,248,458 $2,248,458 $3,657 $3,657 $3,657 $19,742,141 227.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $270,063 $270,063 $270,063 $270,063 227.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $85,278 $85,278 $85,278 $85,278 227.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,836 $6,836 $6,836 $6,836 227.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds $322,196 $322,196 $322,196 $322,196 227.100 -Law Enforcement Appropriation (HB 76) The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia. TOTAL STATE FUNDS $18,174,399 $18,174,399 $18,174,399 $18,174,399 State General Funds $18,174,399 $18,174,399 $18,174,399 $18,174,399 TOTAL FEDERAL FUNDS $2,248,458 $2,248,458 $2,248,458 $2,248,458 Federal Funds Not Itemized $2,248,458 $2,248,458 $2,248,458 $2,248,458 3058 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $3,657 $3,657 $3,657 $20,426,514 $3,657 $3,657 $3,657 $20,426,514 $3,657 $3,657 $3,657 $20,426,514 $3,657 $3,657 $3,657 $20,426,514 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 $14,710,117 $14,710,117 $1,704,029 $1,704,029 $31,619,991 $911,490 $911,490 $30,708,501 $30,708,501 $48,034,137 228.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $49,244 $49,244 $49,244 $49,244 228.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $87,528 $87,528 $87,528 $87,528 228.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,566 $1,566 $1,566 $1,566 228.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law Enforcement program to continue the consolidation of law enforcement activities. State General Funds ($322,196) ($322,196) ($322,196) ($322,196) TUESDAY, MARCH 31, 2015 3059 228.5 Increase funds to replace payments from the North Georgia Mountains Authority to reflect fulfilled debt service obligations. State General Funds $793,504 $793,504 $793,504 $793,504 228.6 Increase funds to reflect debt service payments from the North Georgia Mountains Authority for bonds to be sold in 2016. Agency Fund Transfers Not Itemized $771,800 $771,800 $771,800 $771,800 228.7 Reduce funds for one-time funding for outdoor recreational facilities. State General Funds ($548,000) ($548,000) ($548,000) 228.8 Increase funds for historic sites promotion. State General Funds $25,000 228.100-Parks, Recreation and Historic Sites Appropriation (HB 76) The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. TOTAL STATE FUNDS $15,319,763 $14,771,763 $14,771,763 $14,796,763 State General Funds $15,319,763 $14,771,763 $14,771,763 $14,796,763 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 $31,619,991 $31,619,991 $31,619,991 $31,619,991 Contributions, Donations, and Forfeitures $911,490 $911,490 $911,490 $911,490 Contributions, Donations, and Forfeitures Not Itemized $911,490 $911,490 $911,490 $911,490 Sales and Services $30,708,501 $30,708,501 $30,708,501 $30,708,501 Sales and Services Not Itemized $30,708,501 $30,708,501 $30,708,501 $30,708,501 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $771,800 $771,800 $771,800 $771,800 Agency Funds Transfers $771,800 $771,800 $771,800 $771,800 Agency Fund Transfers Not Itemized $771,800 $771,800 $771,800 $771,800 TOTAL PUBLIC FUNDS $49,415,583 $48,867,583 $48,867,583 $48,892,583 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. 3060 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 $2,720,775 229.100 -Solid Waste Trust Fund Appropriation (HB 76) The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. TOTAL STATE FUNDS $2,720,775 $2,720,775 $2,720,775 $2,720,775 State General Funds $2,720,775 $2,720,775 $2,720,775 $2,720,775 TOTAL PUBLIC FUNDS $2,720,775 $2,720,775 $2,720,775 $2,720,775 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $17,164,685 $17,164,685 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 TUESDAY, MARCH 31, 2015 3061 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $30,000 $30,000 $30,000 $37,324,542 $30,000 $30,000 $30,000 $37,324,542 $30,000 $30,000 $30,000 $37,324,542 $30,000 $30,000 $30,000 $37,324,542 230.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $207,360 $207,360 $207,360 $207,360 230.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $80,074 $80,074 $80,074 $80,074 230.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,938 $6,938 $6,938 $6,938 230.4 Increase funds for nongame conservation projects focused on at-risk species assessment and recovery. State General Funds $300,000 $300,000 $300,000 $300,000 230.5 Increase funds for a K-12 environmental science position at the Okefenokee Swamp Park and partner with Okefenokee RESA to provide the course statewide through virtual instruction. State General Funds $60,000 230.6 Increase funds to meet projected expenditures in local tax digest payments. State General Funds $105,000 230.100 -Wildlife Resources Appropriation (HB 76) 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 promulgate statewide hunting, fishing, trapping, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register boats. TOTAL STATE FUNDS $17,759,057 $17,759,057 $17,759,057 $17,924,057 State General Funds $17,759,057 $17,759,057 $17,759,057 $17,924,057 3062 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,918,914 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,918,914 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,918,914 $11,461,866 $11,461,866 $8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $38,083,914 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. 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 $54,171,545 $54,171,545 $54,171,545 $54,171,545 $54,171,545 $54,171,545 $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 $54,977,595 $54,977,595 $54,977,595 $54,171,545 $54,171,545 $806,050 $806,050 $54,977,595 TUESDAY, MARCH 31, 2015 3063 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $55,898,069 $55,898,069 $55,898,069 $55,898,069 $806,050 $806,050 $806,050 $806,050 $56,704,119 $56,704,119 $55,898,069 $55,898,069 $806,050 $806,050 $56,704,119 $55,905,395 $55,905,395 $806,050 $806,050 $56,711,445 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 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 $5,085,089 231.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $53,117 $53,117 $53,117 $53,117 231.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,651 $24,651 $24,651 $24,651 231.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,755 $2,755 $2,755 $2,755 231.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($3,557) ($3,557) ($3,557) $3,769 231.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,162,055 $5,162,055 State General Funds $5,162,055 $5,162,055 TOTAL PUBLIC FUNDS $5,162,055 $5,162,055 Appropriation (HB 76) $5,162,055 $5,162,055 $5,162,055 $5,169,381 $5,169,381 $5,169,381 3064 JOURNAL OF THE SENATE Clemency Decisions Continuation Budget The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 $12,179,555 232.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $190,329 $190,329 $190,329 $190,329 232.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $87,445 $87,445 $87,445 $87,445 232.100 -Clemency Decisions Appropriation (HB 76) 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 $12,457,329 $12,457,329 $12,457,329 $12,457,329 State General Funds $12,457,329 $12,457,329 $12,457,329 $12,457,329 TOTAL PUBLIC FUNDS $12,457,329 $12,457,329 $12,457,329 $12,457,329 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 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 $36,434,405 $36,434,405 $806,050 $806,050 $37,240,455 TUESDAY, MARCH 31, 2015 3065 233.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $509,299 $509,299 $509,299 $509,299 233.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $234,417 $234,417 $234,417 $234,417 233.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $7,394 $7,394 $7,394 $7,394 233.4 Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative. (S and CC:Increase funds to provide intensive supervision at six targeted pilot sites in support of GA-PRI) State General Funds $467,132 $467,132 $467,132 $467,132 233.5 Increase funds for personnel for one reentry housing coordinator. (S and CC:Increase funds for personnel for one reentry housing coordinator in support of GA-PRI) State General Funds $68,928 $68,928 $68,928 $68,928 233.6 Increase funds to recalibrate the existing offender supervision risk assessment tool to reflect changes resulting from Criminal Justice reform. State General Funds $75,000 $75,000 $75,000 $75,000 233.100-Parole Supervision Appropriation (HB 76) The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. TOTAL STATE FUNDS $37,796,575 $37,796,575 $37,796,575 $37,796,575 State General Funds $37,796,575 $37,796,575 $37,796,575 $37,796,575 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $38,602,625 $38,602,625 $38,602,625 $38,602,625 3066 JOURNAL OF THE SENATE Victim Services Continuation Budget The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison for victims to the state corrections system. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 $472,496 234.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,884 $6,884 $6,884 $6,884 234.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,730 $2,730 $2,730 $2,730 234.100-Victim Services Appropriation (HB 76) 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 STATE FUNDS $482,110 $482,110 $482,110 $482,110 State General Funds $482,110 $482,110 $482,110 $482,110 TOTAL PUBLIC FUNDS $482,110 $482,110 $482,110 $482,110 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 TUESDAY, MARCH 31, 2015 3067 Section Total - Final 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000 235.100-Properties Commission, State Appropriation (HB 76) 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 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 $50,663 3068 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,699,337 $1,699,337 $1,699,337 $1,750,000 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $1,699,337 $1,699,337 $1,699,337 $1,750,000 $1,699,337 $1,699,337 $1,699,337 $1,750,000 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 $0 236.1 Eliminate funds for payment to the Office of the State Treasurer. (Total Funds: $845,934)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 236.2 Utilize existing funds ($4,000) to purchase two wheelchairs and two mobile scooters for public use in the State Capitol. (S:YES)(CC:YES) State General Funds $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 $42,672,664 $42,672,664 $42,672,664 $42,672,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $43,012,664 $43,012,664 $43,012,664 $42,672,664 $42,672,664 $340,000 $340,000 $340,000 $43,012,664 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Section Total - Final $47,559,033 $48,786,168 $47,559,033 $48,786,168 $340,000 $340,000 $340,000 $340,000 $47,802,197 $47,802,197 $340,000 $340,000 $48,021,765 $48,021,765 $340,000 $340,000 TUESDAY, MARCH 31, 2015 3069 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $47,899,033 $340,000 $49,126,168 $340,000 $48,142,197 $340,000 $48,361,765 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 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 $6,564,859 $6,564,859 $340,000 $340,000 $340,000 $6,904,859 237.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $81,210 $81,210 $81,210 $81,210 237.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $35,810 $35,810 $35,810 $35,810 237.3 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $29,590 $29,590 $29,590 $40,900 237.4 Increase funds for contracts for capital conflict cases. State General Funds $375,000 $375,000 $375,000 $375,000 237.100 -Public Defender Standards Council Appropriation (HB 76) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS $7,086,469 $7,086,469 $7,086,469 $7,097,779 State General Funds $7,086,469 $7,086,469 $7,086,469 $7,097,779 TOTAL AGENCY FUNDS $340,000 $340,000 $340,000 $340,000 3070 JOURNAL OF THE SENATE Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $340,000 $7,426,469 $340,000 $340,000 $7,426,469 $340,000 $340,000 $7,426,469 $340,000 $340,000 $7,437,779 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 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 $36,107,805 238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $515,650 $515,650 $515,650 $515,650 238.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $223,973 $223,973 $223,973 $223,973 238.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $136 $136 $136 $136 238.4 Increase funds for contracts for conflict cases. State General Funds $3,625,000 $3,625,000 $3,625,000 $3,625,000 238.5 Increase funds for personnel to annualize two Assistant Public Defenders to reflect the new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB 744 (2014 Session). State General Funds $72,176 $72,176 $72,176 238.6 Increase funds for personnel for an additional Assistant Public Defender to reflect the new judgeship in the Western Judicial Circuit starting April, 1 2016. State General Funds $18,044 $18,044 $18,044 TUESDAY, MARCH 31, 2015 3071 238.7 Increase funds for personnel for a $15,000 salary enhancement to Circuit Public Defenders salaries. (S:Increase funds for personnel for a 2% salary enhancement to Circuit Public Defenders' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary enhancement to Circuit Public Defenders' salaries ($180,126) and $6,000 accountability court supplement ($181,076)) State General Funds $1,136,915 $152,944 $361,202 238.100 -Public Defenders Appropriation (HB 76) 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 $40,472,564 $41,699,699 $40,715,728 $40,923,986 State General Funds $40,472,564 $41,699,699 $40,715,728 $40,923,986 TOTAL PUBLIC FUNDS $40,472,564 $41,699,699 $40,715,728 $40,923,986 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 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $232,260,878 $232,260,878 $232,260,878 $216,758,954 $216,758,954 $216,758,954 $13,717,860 $13,717,860 $13,717,860 $1,784,064 $1,784,064 $1,784,064 $395,911,567 $395,911,567 $395,911,567 $366,238,853 $366,238,853 $366,238,853 $16,864,606 $16,864,606 $16,864,606 $2,403,579 $2,403,579 $2,403,579 $10,404,529 $10,404,529 $10,404,529 $9,700,967 $9,700,967 $9,700,967 $518,999 $518,999 $518,999 $518,999 $518,999 $518,999 $8,149,702 $8,149,702 $8,149,702 $8,149,702 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $1,032,266 $1,032,266 $1,032,266 $1,032,266 $771,517 $771,517 $771,517 $232,260,878 $216,758,954 $13,717,860 $1,784,064 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 3072 JOURNAL OF THE SENATE State Funds Transfers $581,000 $581,000 Agency to Agency Contracts $581,000 $581,000 Federal Funds Indirect $190,517 $190,517 FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 $190,517 TOTAL PUBLIC FUNDS $638,644,929 $638,644,929 $581,000 $581,000 $190,517 $190,517 $638,644,929 $581,000 $581,000 $190,517 $190,517 $638,644,929 Section Total - Final TOTAL STATE FUNDS $240,078,001 $240,203,001 State General Funds $224,901,574 $225,026,574 Tobacco Settlement Funds $13,717,860 $13,717,860 Brain & Spinal Injury Trust Fund $1,458,567 $1,458,567 TOTAL FEDERAL FUNDS $395,911,567 $395,911,567 Federal Funds Not Itemized $366,238,853 $366,238,853 Maternal & Child Health Services Block Grant CFDA93.994 $16,864,606 $16,864,606 Preventive Health & Health Services Block Grant CFDA93.991 $2,403,579 $2,403,579 FFIND Temp. Assistance for Needy Families CFDA93.558 $10,404,529 $10,404,529 TOTAL AGENCY FUNDS $9,700,967 $13,235,542 Contributions, Donations, and Forfeitures $518,999 $518,999 Contributions, Donations, and Forfeitures Not Itemized $518,999 $518,999 Rebates, Refunds, and Reimbursements $8,149,702 $8,149,702 Rebates, Refunds, and Reimbursements Not Itemized $8,149,702 $8,149,702 Sales and Services $1,032,266 $4,566,841 Sales and Services Not Itemized $1,032,266 $4,566,841 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $771,517 $771,517 State Funds Transfers $581,000 $581,000 Agency to Agency Contracts $581,000 $581,000 Federal Funds Indirect $190,517 $190,517 FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 $190,517 TOTAL PUBLIC FUNDS $646,462,052 $650,121,627 $240,440,501 $225,264,074 $13,717,860 $1,458,567 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $9,700,967 $518,999 $518,999 $8,149,702 $8,149,702 $1,032,266 $1,032,266 $771,517 $581,000 $581,000 $190,517 $190,517 $646,824,552 $240,708,804 $225,532,377 $13,717,860 $1,458,567 $395,911,567 $366,238,853 $16,864,606 $2,403,579 $10,404,529 $13,235,542 $518,999 $518,999 $8,149,702 $8,149,702 $4,566,841 $4,566,841 $771,517 $581,000 $581,000 $190,517 $190,517 $650,627,430 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. TUESDAY, MARCH 31, 2015 3073 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 $10,542,451 $3,685,272 $6,857,179 $19,467,781 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,755,232 239.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,493 $15,493 $15,493 $15,493 239.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,050 $11,050 $11,050 $11,050 239.3 Increase funds for the Georgiacancerinfo.org website. State General Funds $75,000 $37,500 $75,000 239.100-Adolescent and Adult Health Promotion Appropriation (HB 76) 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 $10,568,994 $10,643,994 $10,606,494 $10,643,994 State General Funds $3,711,815 $3,786,815 $3,749,315 $3,786,815 Tobacco Settlement Funds $6,857,179 $6,857,179 $6,857,179 $6,857,179 TOTAL FEDERAL FUNDS $19,467,781 $19,467,781 $19,467,781 $19,467,781 3074 JOURNAL OF THE SENATE Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,781,775 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,856,775 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,819,275 $8,397,424 $516,828 $149,000 $10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000 $30,856,775 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 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 $6,613,249 $0 $6,613,249 $300,000 $300,000 $6,913,249 240.100 -Adult Essential Health Treatment Services Appropriation (HB 76) 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 $6,613,249 $6,613,249 $6,613,249 $6,613,249 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 $6,913,249 $6,913,249 $6,913,249 $6,913,249 TUESDAY, MARCH 31, 2015 3075 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $21,816,322 State General Funds $21,684,527 Tobacco Settlement Funds $131,795 TOTAL FEDERAL FUNDS $8,312,856 Federal Funds Not Itemized $7,045,918 Preventive Health & Health Services Block Grant CFDA93.991 $1,266,938 TOTAL AGENCY FUNDS $3,945,000 Rebates, Refunds, and Reimbursements $3,500,000 Rebates, Refunds, and Reimbursements Not Itemized $3,500,000 Sales and Services $445,000 Sales and Services Not Itemized $445,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $190,517 Federal Funds Indirect $190,517 FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 TOTAL PUBLIC FUNDS $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 $21,816,322 $21,684,527 $131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000 $445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695 241.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $388,157 $388,157 $388,157 $388,157 241.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $173,557 $173,557 $173,557 $173,557 241.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($92,918) ($92,918) ($92,918) ($92,918) 241.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $54,344 $54,344 $54,344 $96,337 3076 JOURNAL OF THE SENATE 241.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $22,339,462 $22,339,462 $22,339,462 $22,381,455 State General Funds $22,207,667 $22,207,667 $22,207,667 $22,249,660 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $8,312,856 $8,312,856 $8,312,856 $8,312,856 Federal Funds Not Itemized $7,045,918 $7,045,918 $7,045,918 $7,045,918 Preventive Health & Health Services Block Grant CFDA93.991 $1,266,938 $1,266,938 $1,266,938 $1,266,938 TOTAL AGENCY FUNDS $3,945,000 $3,945,000 $3,945,000 $3,945,000 Rebates, Refunds, and Reimbursements $3,500,000 $3,500,000 $3,500,000 $3,500,000 Rebates, Refunds, and Reimbursements Not Itemized $3,500,000 $3,500,000 $3,500,000 $3,500,000 Sales and Services $445,000 $445,000 $445,000 $445,000 Sales and Services Not Itemized $445,000 $445,000 $445,000 $445,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $190,517 $190,517 $190,517 $190,517 Federal Funds Indirect $190,517 $190,517 $190,517 $190,517 FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 $190,517 $190,517 $190,517 TOTAL PUBLIC FUNDS $34,787,835 $34,787,835 $34,787,835 $34,829,828 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 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 $2,531,764 $2,531,764 $23,675,473 $23,125,473 $350,000 $200,000 $976 $976 $976 $171,000 $171,000 TUESDAY, MARCH 31, 2015 3077 Agency to Agency Contracts TOTAL PUBLIC FUNDS $171,000 $26,379,213 $171,000 $26,379,213 $171,000 $26,379,213 $171,000 $26,379,213 242.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,315 $35,315 $35,315 $35,315 242.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,646 $17,646 $17,646 $17,646 242.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session). State General Funds $2,834,053 $0 $0 242.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 76) 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 $2,584,725 $5,418,778 $2,584,725 $2,584,725 State General Funds $2,584,725 $5,418,778 $2,584,725 $2,584,725 TOTAL FEDERAL FUNDS $23,675,473 $23,675,473 $23,675,473 $23,675,473 Federal Funds Not Itemized $23,125,473 $23,125,473 $23,125,473 $23,125,473 Maternal & Child Health Services Block Grant CFDA93.994 $350,000 $350,000 $350,000 $350,000 Preventive Health & Health Services Block Grant CFDA93.991 $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $976 $976 $976 $976 Sales and Services $976 $976 $976 $976 Sales and Services Not Itemized $976 $976 $976 $976 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $171,000 $171,000 $171,000 $171,000 State Funds Transfers $171,000 $171,000 $171,000 $171,000 Agency to Agency Contracts $171,000 $171,000 $171,000 $171,000 TOTAL PUBLIC FUNDS $26,432,174 $29,266,227 $26,432,174 $26,432,174 3078 JOURNAL OF THE SENATE 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 PUBLIC FUNDS $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 $4,382,990 $4,267,353 $115,637 $6,749,343 $6,552,593 $196,750 $25,156 $25,156 $25,156 $11,157,489 243.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,961 $19,961 $19,961 $19,961 243.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,671 $9,671 $9,671 $9,671 243.3 Increase funds for personnel and operations for one epidemiologist and additional Hepatitis C testing. State General Funds $250,000 $150,000 243.100 -Epidemiology Appropriation (HB 76) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,412,622 $4,412,622 $4,662,622 $4,562,622 State General Funds $4,296,985 $4,296,985 $4,546,985 $4,446,985 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $6,749,343 $6,749,343 $6,749,343 $6,749,343 Federal Funds Not Itemized $6,552,593 $6,552,593 $6,552,593 $6,552,593 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 TUESDAY, MARCH 31, 2015 3079 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,156 $25,156 $11,187,121 $25,156 $25,156 $11,187,121 $25,156 $25,156 $11,437,121 $25,156 $25,156 $11,337,121 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 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 $2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815 244.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,659 $4,659 $4,659 $4,659 244.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,420 $2,420 $2,420 $2,420 244.100 -Immunization Appropriation (HB 76) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance. TOTAL STATE FUNDS $2,527,706 $2,527,706 $2,527,706 $2,527,706 State General Funds $2,527,706 $2,527,706 $2,527,706 $2,527,706 TOTAL FEDERAL FUNDS $2,061,486 $2,061,486 $2,061,486 $2,061,486 Federal Funds Not Itemized $2,061,486 $2,061,486 $2,061,486 $2,061,486 TOTAL AGENCY FUNDS $4,649,702 $4,649,702 $4,649,702 $4,649,702 Rebates, Refunds, and Reimbursements $4,649,702 $4,649,702 $4,649,702 $4,649,702 Rebates, Refunds, and Reimbursements Not Itemized $4,649,702 $4,649,702 $4,649,702 $4,649,702 TOTAL PUBLIC FUNDS $9,238,894 $9,238,894 $9,238,894 $9,238,894 3080 JOURNAL OF THE SENATE Infant and Child Essential Health Treatment Services Continuation Budget The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 $20,750,225 $20,750,225 $22,745,978 $14,008,298 $8,605,171 $132,509 $84,403 $84,403 $84,403 $43,580,606 245.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,692 $22,692 $22,692 $22,692 245.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,843 $10,843 $10,843 $10,843 245.3 Increase funds for the Georgia Comprehensive Sickle Cell Center. State General Funds $50,000 $50,000 $50,000 245.4 Utilize existing funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-9. (S:NO; The Department of Public Health shall conduct a study to determine the feasibility of providing therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6 without increasing the $50 service fee associated with the Georgia Newborn Screening System)(CC:Utilize existing funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-6) State General Funds Sales and Services Not Itemized Total Public Funds: $0 $3,534,575 $3,534,575 $0 $0 $0 $3,534,575 $0 $3,534,575 TUESDAY, MARCH 31, 2015 3081 245.5 Increase funds for implementation of HB1 (2015 Session). State General Funds $288,810 245.100-Infant and Child Essential Health Treatment Services Appropriation (HB 76) 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 $20,783,760 $20,833,760 $20,833,760 $21,122,570 State General Funds $20,783,760 $20,833,760 $20,833,760 $21,122,570 TOTAL FEDERAL FUNDS $22,745,978 $22,745,978 $22,745,978 $22,745,978 Federal Funds Not Itemized $14,008,298 $14,008,298 $14,008,298 $14,008,298 Maternal & Child Health Services Block Grant CFDA93.994 $8,605,171 $8,605,171 $8,605,171 $8,605,171 Preventive Health & Health Services Block Grant CFDA93.991 $132,509 $132,509 $132,509 $132,509 TOTAL AGENCY FUNDS $84,403 $3,618,978 $84,403 $3,618,978 Contributions, Donations, and Forfeitures $84,403 $84,403 $84,403 $84,403 Contributions, Donations, and Forfeitures Not Itemized $84,403 $84,403 $84,403 $84,403 Sales and Services $3,534,575 $3,534,575 Sales and Services Not Itemized $3,534,575 $3,534,575 TOTAL PUBLIC FUNDS $43,614,141 $47,198,716 $43,664,141 $47,487,526 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 $12,760,063 $12,760,063 $263,629,246 $256,236,639 $7,392,607 $86,587 $86,587 $86,587 $276,475,896 246.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $37,764 $37,764 $37,764 $37,764 3082 JOURNAL OF THE SENATE 246.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,652 $15,652 $15,652 $15,652 246.3 Increase funds for the Rally Foundation for Childhood Cancer Research. State General Funds $25,000 $25,000 246.100-Infant and Child Health Promotion Appropriation (HB 76) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,813,479 $12,813,479 $12,838,479 $12,838,479 State General Funds $12,813,479 $12,813,479 $12,838,479 $12,838,479 TOTAL FEDERAL FUNDS $263,629,246 $263,629,246 $263,629,246 $263,629,246 Federal Funds Not Itemized $256,236,639 $256,236,639 $256,236,639 $256,236,639 Maternal & Child Health Services Block Grant CFDA93.994 $7,392,607 $7,392,607 $7,392,607 $7,392,607 TOTAL AGENCY FUNDS $86,587 $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures $86,587 $86,587 $86,587 $86,587 Contributions, Donations, and Forfeitures Not Itemized $86,587 $86,587 $86,587 $86,587 TOTAL PUBLIC FUNDS $276,529,312 $276,529,312 $276,554,312 $276,554,312 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 $31,510,791 $31,510,791 $47,927,661 $47,927,661 $13,009 $13,009 $13,009 $79,451,461 247.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $129,299 $129,299 $129,299 $129,299 TUESDAY, MARCH 31, 2015 3083 247.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $56,301 $56,301 $56,301 $56,301 247.100 -Infectious Disease Control Appropriation (HB 76) 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 $31,696,391 $31,696,391 $31,696,391 $31,696,391 State General Funds $31,696,391 $31,696,391 $31,696,391 $31,696,391 TOTAL FEDERAL FUNDS $47,927,661 $47,927,661 $47,927,661 $47,927,661 Federal Funds Not Itemized $47,927,661 $47,927,661 $47,927,661 $47,927,661 TOTAL AGENCY FUNDS $13,009 $13,009 $13,009 $13,009 Contributions, Donations, and Forfeitures $13,009 $13,009 $13,009 $13,009 Contributions, Donations, and Forfeitures Not Itemized $13,009 $13,009 $13,009 $13,009 TOTAL PUBLIC FUNDS $79,637,061 $79,637,061 $79,637,061 $79,637,061 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, and swimming pools. TOTAL STATE FUNDS State General 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 PUBLIC FUNDS $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 $3,714,938 $3,714,938 $511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135 248.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $43,098 $43,098 $43,098 $43,098 248.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,315 $18,315 $18,315 $18,315 3084 JOURNAL OF THE SENATE 248.100 -Inspections and Environmental Hazard Control Appropriation (HB 76) 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 STATE FUNDS $3,776,351 $3,776,351 $3,776,351 $3,776,351 State General Funds $3,776,351 $3,776,351 $3,776,351 $3,776,351 TOTAL FEDERAL FUNDS $511,063 $511,063 $511,063 $511,063 Federal Funds Not Itemized $352,681 $352,681 $352,681 $352,681 Preventive Health & Health Services Block Grant CFDA93.991 $158,382 $158,382 $158,382 $158,382 TOTAL AGENCY FUNDS $561,134 $561,134 $561,134 $561,134 Sales and Services $561,134 $561,134 $561,134 $561,134 Sales and Services Not Itemized $561,134 $561,134 $561,134 $561,134 TOTAL PUBLIC FUNDS $4,848,548 $4,848,548 $4,848,548 $4,848,548 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 PUBLIC FUNDS $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 $93,242,955 249.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,493,512 $3,493,512 $3,493,512 $3,493,512 249.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,086,175 $2,086,175 $2,086,175 $2,086,175 249.3 Increase funds for the fifth year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $1,388,991 $1,388,991 $1,388,991 $1,388,991 249.4 Increase funds for personnel. State General Funds $132,315 $132,315 $132,315 $132,315 TUESDAY, MARCH 31, 2015 3085 249.100 -Public Health Formula Grants to Counties Appropriation (HB 76) 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 $100,343,948 $100,343,948 $100,343,948 $100,343,948 State General Funds $100,343,948 $100,343,948 $100,343,948 $100,343,948 TOTAL PUBLIC FUNDS $100,343,948 $100,343,948 $100,343,948 $100,343,948 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 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 $3,729,971 $3,729,971 $530,680 $530,680 $4,260,651 250.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $38,928 $38,928 $38,928 $38,928 250.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,354 $17,354 $17,354 $17,354 250.100-Vital Records Appropriation (HB 76) 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 $3,786,253 $3,786,253 $3,786,253 $3,786,253 State General Funds $3,786,253 $3,786,253 $3,786,253 $3,786,253 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 $4,316,933 $4,316,933 $4,316,933 $4,316,933 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. 3086 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 $1,784,064 $0 $1,784,064 $1,784,064 251.1 Reduce funds to reflect FY2014 collections. Brain & Spinal Injury Trust Fund ($325,497) ($325,497) ($325,497) 251.2 Utilize prior year funds ($325,497) to maintain budget at current level. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $1,784,064 $0 $1,784,064 $1,784,064 ($325,497) $0 251.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 76) 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 $1,458,567 $1,458,567 $1,458,567 $1,458,567 Brain & Spinal Injury Trust Fund $1,458,567 $1,458,567 $1,458,567 $1,458,567 TOTAL PUBLIC FUNDS $1,458,567 $1,458,567 $1,458,567 $1,458,567 Georgia Trauma Care Network Commission Continuation Budget The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 $16,360,468 252.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,298 $8,298 $8,298 $8,298 252.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,728 $3,728 $3,728 $3,728 TUESDAY, MARCH 31, 2015 3087 252.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session). State General Funds ($2,834,053) $0 $0 252.100-Georgia Trauma Care Network Commission Appropriation (HB 76) The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $16,372,494 $16,372,494 $16,372,494 $13,538,441 $13,538,441 $13,538,441 $16,372,494 $16,372,494 $16,372,494 $16,372,494 $16,372,494 $16,372,494 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 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 $130,656,876 $130,656,876 $130,656,876 $130,656,876 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $45,092,735 $45,092,735 $45,092,735 $26,519,089 $26,519,089 $26,519,089 $26,519,089 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $17,773,646 $17,773,646 $17,773,646 $17,773,646 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $200,326,921 $200,326,921 $200,326,921 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646 $800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921 3088 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 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 $142,702,911 $142,852,911 $142,702,911 $142,852,911 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $38,773,845 $38,773,845 $20,758,250 $20,758,250 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $17,215,595 $17,215,595 $800,000 $800,000 $800,000 $800,000 $331,585 $331,585 $331,585 $331,585 $331,585 $331,585 $206,054,066 $206,204,066 $141,666,370 $141,666,370 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $800,000 $800,000 $331,585 $331,585 $331,585 $205,017,525 $143,525,522 $143,525,522 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595 $800,000 $800,000 $331,585 $331,585 $331,585 $206,876,677 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 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 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 $3,898,799 $3,898,799 $243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833 TUESDAY, MARCH 31, 2015 3089 253.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $41,800 $41,800 $41,800 $41,800 253.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $15,624 $15,624 $15,624 $15,624 253.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($2,178) ($2,178) ($2,178) ($2,178) 253.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $358 $358 $358 $669 253.5 Increase funds to provide matching funds for the Perry Airport hangar building. (CC:Provide state funds to match $600,000 of local funds to house state aircraft in Perry) State General Funds $150,000 $0 $150,000 253.100 -Aviation Appropriation (HB 76) 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 transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $3,954,403 $4,104,403 $3,954,403 $4,104,714 State General Funds $3,954,403 $4,104,403 $3,954,403 $4,104,714 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 $7,100,000 $7,100,000 $7,100,000 $7,100,000 Intergovernmental Transfers $7,000,000 $7,000,000 $7,000,000 $7,000,000 Intergovernmental Transfers Not Itemized $7,000,000 $7,000,000 $7,000,000 $7,000,000 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 $11,297,437 $11,447,437 $11,297,437 $11,447,748 3090 JOURNAL OF THE SENATE Capitol Police Services Continuation Budget The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 $7,372,499 254.100 -Capitol Police Services Appropriation (HB 76) 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 $8,483,941 $8,483,941 $141,571 $141,571 $3,510 $3,510 $3,510 TUESDAY, MARCH 31, 2015 3091 TOTAL PUBLIC FUNDS $8,629,022 $8,629,022 $8,629,022 $8,629,022 255.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $110,194 $110,194 $110,194 $110,194 255.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $49,090 $49,090 $49,090 $49,090 255.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,977) ($8,977) ($8,977) ($8,977) 255.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $30,223 $30,223 $30,223 $56,453 255.100-Departmental Administration Appropriation (HB 76) 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 $8,664,471 $8,664,471 $8,664,471 $8,690,701 State General Funds $8,664,471 $8,664,471 $8,664,471 $8,690,701 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $3,510 $3,510 $3,510 $3,510 Sales and Services $3,510 $3,510 $3,510 $3,510 Sales and Services Not Itemized $3,510 $3,510 $3,510 $3,510 TOTAL PUBLIC FUNDS $8,809,552 $8,809,552 $8,809,552 $8,835,782 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. 3092 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 $89,881,107 $89,881,107 $2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745 $50,000 $50,000 $800,000 $800,000 $106,750,353 256.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,484,787 $1,484,787 $1,484,787 $1,484,787 256.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $561,635 $561,635 $561,635 $561,635 256.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($137,802) ($137,802) ($137,802) ($137,802) 256.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $884 $884 $884 $1,651 256.5 Increase funds for personnel and operations to meet projected expenditures. (S:Increase funds for personnel and operations to meet projected expenditures and defer funding consideration for retirement payout amounts until the Amended 2016 budget) State General Funds $2,357,184 $2,357,184 $1,320,643 $2,357,184 256.6 Replace funds from the State Road and Tollway Authority contract to continue providing highway enforcement along metroAtlanta corridors. TUESDAY, MARCH 31, 2015 3093 State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $6,100,000 ($5,760,839) $339,161 $6,100,000 ($5,760,839) $339,161 $6,100,000 ($5,760,839) $339,161 $6,100,000 ($5,760,839) $339,161 256.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to the Field Offices and Services program to consolidate program operations. State General Funds $1,568,965 $1,568,965 $1,568,965 $1,568,965 256.100-Field Offices and Services Appropriation (HB 76) 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 $101,816,760 $101,816,760 $100,780,219 $101,817,527 State General Funds $101,816,760 $101,816,760 $100,780,219 $101,817,527 TOTAL FEDERAL FUNDS $2,611,501 $2,611,501 $2,611,501 $2,611,501 Federal Funds Not Itemized $2,611,501 $2,611,501 $2,611,501 $2,611,501 TOTAL AGENCY FUNDS $8,496,906 $8,496,906 $8,496,906 $8,496,906 Intergovernmental Transfers $7,646,906 $7,646,906 $7,646,906 $7,646,906 Intergovernmental Transfers Not Itemized $7,646,906 $7,646,906 $7,646,906 $7,646,906 Sales and Services $50,000 $50,000 $50,000 $50,000 Sales and Services Not Itemized $50,000 $50,000 $50,000 $50,000 Sanctions, Fines, and Penalties $800,000 $800,000 $800,000 $800,000 Sanctions, Fines, and Penalties Not Itemized $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $112,925,167 $112,925,167 $111,888,626 $112,925,934 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. 3094 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 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 $9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,348,398 257.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $110,883 $110,883 $110,883 $110,883 257.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $60,816 $60,816 $60,816 $60,816 257.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($18,825) ($18,825) ($18,825) ($18,825) 257.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $3,806 $3,806 $3,806 $7,109 257.100-Motor Carrier Compliance Appropriation (HB 76) The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. TOTAL STATE FUNDS $10,070,258 $10,070,258 $10,070,258 $10,073,561 State General Funds $10,070,258 $10,070,258 $10,070,258 $10,073,561 TUESDAY, MARCH 31, 2015 3095 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,505,078 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,505,078 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,505,078 $2,591,061 $2,591,061 $8,843,759 $455,956 $455,956 $8,387,803 $8,387,803 $21,508,381 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 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 $1,568,965 258.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to the Field Offices and Services program to consolidate program operations. State General Funds ($1,568,965) ($1,568,965) ($1,568,965) ($1,568,965) 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 firefighters. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 $679,657 259.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,716 $11,716 $11,716 $11,716 3096 JOURNAL OF THE SENATE 259.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,537 $4,537 $4,537 $4,537 259.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($46) ($46) ($46) ($46) 259.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 76) 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 STATE FUNDS $695,864 $695,864 $695,864 $695,864 State General Funds $695,864 $695,864 $695,864 $695,864 TOTAL PUBLIC FUNDS $695,864 $695,864 $695,864 $695,864 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 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 $3,483,719 $3,483,719 $17,358,120 $17,358,120 $337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121 260.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,690 $7,690 $7,690 $7,690 TUESDAY, MARCH 31, 2015 3097 260.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,871 $2,871 $2,871 $2,871 260.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $606 $606 $606 $606 260.100 -Highway Safety, Office of Appropriation (HB 76) 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 $3,494,886 $3,494,886 $3,494,886 $3,494,886 State General Funds $3,494,886 $3,494,886 $3,494,886 $3,494,886 TOTAL FEDERAL FUNDS $17,358,120 $17,358,120 $17,358,120 $17,358,120 Federal Funds Not Itemized $17,358,120 $17,358,120 $17,358,120 $17,358,120 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 $199,180 $199,180 $199,180 $199,180 State Funds Transfers $199,180 $199,180 $199,180 $199,180 Agency to Agency Contracts $199,180 $199,180 $199,180 $199,180 TOTAL PUBLIC FUNDS $21,389,288 $21,389,288 $21,389,288 $21,389,288 Peace Officer Standards and Training Council, Georgia Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 $1,860,222 $1,860,222 $558,051 $558,051 $558,051 3098 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,418,273 $2,418,273 $2,418,273 $2,418,273 261.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $21,408 $21,408 $21,408 $21,408 261.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,784 $11,784 $11,784 $11,784 261.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,472 $2,472 $2,472 $2,472 261.4 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: $755,816 ($558,051) $197,765 $755,816 ($558,051) $197,765 $755,816 ($558,051) $197,765 $755,816 ($558,051) $197,765 261.5 Increase funds for personnel and operations for two certification specialists. State General Funds $87,058 $87,058 $87,058 $87,058 261.6 Increase funds for personnel and operations for one investigator. State General Funds $83,330 $83,330 $83,330 $83,330 261.7 Increase funds for personnel and operations for one hearing officer. State General Funds $82,229 $82,229 $82,229 $82,229 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 76) 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 STATE FUNDS $2,904,319 $2,904,319 $2,904,319 $2,904,319 TUESDAY, MARCH 31, 2015 3099 State General Funds TOTAL PUBLIC FUNDS $2,904,319 $2,904,319 $2,904,319 $2,904,319 $2,904,319 $2,904,319 $2,904,319 $2,904,319 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 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 $10,886,888 $10,886,888 $1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388 $964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800 262.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $135,456 $135,456 $135,456 $135,456 262.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $64,824 $64,824 $64,824 $64,824 262.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $14,782 $14,782 $14,782 $14,782 262.4 Increase funds for personnel to match the new salary scale. State General Funds $642,000 3100 JOURNAL OF THE SENATE 262.100 -Public Safety Training Center, Georgia Appropriation (HB 76) 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 $11,101,950 $11,101,950 $11,101,950 $11,743,950 State General Funds $11,101,950 $11,101,950 $11,101,950 $11,743,950 TOTAL FEDERAL FUNDS $1,300,438 $1,300,438 $1,300,438 $1,300,438 Federal Funds Not Itemized $1,300,438 $1,300,438 $1,300,438 $1,300,438 TOTAL AGENCY FUNDS $6,620,069 $6,620,069 $6,620,069 $6,620,069 Intergovernmental Transfers $5,655,388 $5,655,388 $5,655,388 $5,655,388 Intergovernmental Transfers Not Itemized $5,655,388 $5,655,388 $5,655,388 $5,655,388 Sales and Services $964,681 $964,681 $964,681 $964,681 Sales and Services Not Itemized $964,681 $964,681 $964,681 $964,681 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $132,405 $132,405 $132,405 $132,405 State Funds Transfers $132,405 $132,405 $132,405 $132,405 Agency to Agency Contracts $132,405 $132,405 $132,405 $132,405 TOTAL PUBLIC FUNDS $19,154,862 $19,154,862 $19,154,862 $19,796,862 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $8,056,996 $8,056,996 $8,056,996 $8,056,996 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $9,400,096 $9,400,096 $9,400,096 $8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,277,398 $8,587,398 $8,277,398 $8,587,398 $1,343,100 $1,343,100 $1,343,100 $1,343,100 $9,620,498 $9,930,498 $8,382,398 $8,382,398 $1,343,100 $1,343,100 $9,725,498 $8,482,398 $8,482,398 $1,343,100 $1,343,100 $9,825,498 TUESDAY, MARCH 31, 2015 3101 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 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 $1,167,057 $1,167,057 $83,500 $83,500 $1,250,557 263.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,136 $19,136 $19,136 $19,136 263.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,669 $12,669 $12,669 $12,669 263.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $544 $544 $544 $544 263.4 Increase funds for one-time information technology purchases. State General Funds $100,000 $0 $100,000 263.100-Commission Administration Appropriation (HB 76) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,199,406 $1,299,406 $1,199,406 $1,299,406 State General Funds $1,199,406 $1,299,406 $1,199,406 $1,299,406 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 $1,282,906 $1,382,906 $1,282,906 $1,382,906 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. 3102 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 $1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988 264.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,625 $29,625 $29,625 $29,625 264.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,128 $9,128 $9,128 $9,128 264.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,087 $1,087 $1,087 $1,087 264.100-Facility Protection Appropriation (HB 76) 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 $1,048,728 $1,048,728 $1,048,728 $1,048,728 State General Funds $1,048,728 $1,048,728 $1,048,728 $1,048,728 TOTAL FEDERAL FUNDS $1,231,100 $1,231,100 $1,231,100 $1,231,100 Federal Funds Not Itemized $1,231,100 $1,231,100 $1,231,100 $1,231,100 TOTAL PUBLIC FUNDS $2,279,828 $2,279,828 $2,279,828 $2,279,828 Utilities Regulation Continuation Budget 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 31, 2015 3103 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 $5,881,051 $5,881,051 $28,500 $28,500 $5,909,551 265.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $82,856 $82,856 $82,856 $82,856 265.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $62,806 $62,806 $62,806 $62,806 265.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $2,551 $2,551 $2,551 $2,551 265.4 Increase funds to annualize a utilities cost analyst position for the Plant Vogtle project. State General Funds $105,000 $105,000 $105,000 265.5 Increase funds for personnel for an Energy, Efficiency and Renewable Energy (EERE) section analyst position. State General Funds $105,000 $0 $0 265.100 -Utilities Regulation Appropriation (HB 76) 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 $6,029,264 $6,239,264 $6,134,264 $6,134,264 State General Funds $6,029,264 $6,239,264 $6,134,264 $6,134,264 TOTAL FEDERAL FUNDS $28,500 $28,500 $28,500 $28,500 Federal Funds Not Itemized $28,500 $28,500 $28,500 $28,500 TOTAL PUBLIC FUNDS $6,057,764 $6,267,764 $6,162,764 $6,162,764 3104 JOURNAL OF THE SENATE 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 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 TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 Section Total - Continuation $1,939,087,764 $1,939,087,764 $1,939,087,764 $1,939,087,764 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,767,772,976 $4,767,772,976 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $2,151,268,018 $2,151,268,018 $2,151,268,018 $2,012,046,274 $2,012,046,274 $2,012,046,274 $139,221,744 $139,221,744 $139,221,744 $239,280,835 $239,280,835 $239,280,835 $239,280,835 $239,280,835 $239,280,835 $2,372,364,897 $2,372,364,897 $2,372,364,897 $592,381 $592,381 $592,381 $556,232,969 $556,232,969 $556,232,969 $1,815,539,547 $1,815,539,547 $1,815,539,547 $6,706,860,740 $6,706,860,740 $6,706,860,740 $1,939,087,764 $1,939,087,764 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $1,815,539,547 $6,706,860,740 Section Total - Final $2,018,020,479 $2,020,597,567 $2,017,773,321 $2,020,350,409 $247,158 $247,158 $4,767,772,976 $4,767,772,976 $4,859,226 $4,859,226 $4,859,226 $4,859,226 $2,151,268,018 $2,151,268,018 $2,012,046,274 $2,012,046,274 $139,221,744 $139,221,744 $239,280,835 $239,280,835 $239,280,835 $239,280,835 $2,372,364,897 $2,372,364,897 $592,381 $592,381 $556,232,969 $556,232,969 $2,019,156,175 $2,018,909,017 $247,158 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 $2,020,395,691 $2,020,148,533 $247,158 $4,767,772,976 $4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897 $592,381 $556,232,969 TUESDAY, MARCH 31, 2015 3105 Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS $1,815,539,547 $1,815,539,547 $1,815,539,547 $1,815,539,547 $6,785,793,455 $6,788,370,543 $6,786,929,151 $6,788,168,667 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 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 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 $36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000 $9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855 266.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $241,710 $241,710 $241,710 $241,710 266.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $236,381 $236,381 $236,381 $236,381 266.3 Increase funds for the employer share of health insurance ($431,760) and retiree health benefits ($205,740). State General Funds $637,500 $637,500 $637,500 $637,500 266.4 Increase funds for personnel for research and scientist positions, to include: Agronomist ($180,000), Ornamental Horticulturalist ($180,000), and Cotton Physiologist ($160,000). State General Funds $520,000 $520,000 $520,000 3106 JOURNAL OF THE SENATE 266.100-Agricultural Experiment Station Appropriation (HB 76) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. TOTAL STATE FUNDS $37,974,527 $38,494,527 $38,494,527 $38,494,527 State General Funds $37,974,527 $38,494,527 $38,494,527 $38,494,527 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 $9,552,919 $9,552,919 $9,552,919 $9,552,919 Rebates, Refunds, and Reimbursements Not Itemized $9,552,919 $9,552,919 $9,552,919 $9,552,919 Sales and Services $6,000,000 $6,000,000 $6,000,000 $6,000,000 Sales and Services Not Itemized $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $75,527,446 $76,047,446 $76,047,446 $76,047,446 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 $0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273 267.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 76) 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 $5,785,273 $375,000 $5,785,273 $375,000 $5,785,273 $375,000 $5,785,273 $375,000 TUESDAY, MARCH 31, 2015 3107 University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $375,000 $5,410,273 $5,410,273 $5,785,273 $375,000 $5,410,273 $5,410,273 $5,785,273 $375,000 $5,410,273 $5,410,273 $5,785,273 $375,000 $5,410,273 $5,410,273 $5,785,273 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 $30,465,088 $30,465,088 $25,083,929 $3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017 268.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $292,653 $292,653 $292,653 $292,653 268.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $237,813 $237,813 $237,813 $237,813 268.3 Increase funds for the employer share of health insurance ($701,260) and retiree health benefits ($230,604). State General Funds $931,864 $931,864 $931,864 $931,864 268.4 Increase funds for personnel for six extension agents in Bryan County, Bulloch County, Carroll County, Crawford County, Colquitt County, and Decatur County. (H and S:Increase funds for personnel for six extension agents) State General Funds $360,000 $360,000 $360,000 $360,000 3108 JOURNAL OF THE SENATE 268.100 -Cooperative Extension Service Appropriation (HB 76) 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 $32,287,418 $32,287,418 $32,287,418 $32,287,418 State General Funds $32,287,418 $32,287,418 $32,287,418 $32,287,418 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $3,750,000 $3,750,000 $3,750,000 $3,750,000 University System of Georgia Research Funds $3,750,000 $3,750,000 $3,750,000 $3,750,000 Rebates, Refunds, and Reimbursements $7,606,177 $7,606,177 $7,606,177 $7,606,177 Rebates, Refunds, and Reimbursements Not Itemized $7,606,177 $7,606,177 $7,606,177 $7,606,177 Sales and Services $13,727,752 $13,727,752 $13,727,752 $13,727,752 Sales and Services Not Itemized $13,727,752 $13,727,752 $13,727,752 $13,727,752 TOTAL PUBLIC FUNDS $57,371,347 $57,371,347 $57,371,347 $57,371,347 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 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 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 $7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703 269.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $17,337 $17,337 $17,337 $17,337 TUESDAY, MARCH 31, 2015 3109 269.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $56,479 $56,479 $56,479 $56,479 269.3 Increase funds for the employer share of health insurance ($33,565) and retiree health benefits ($8,851). State General Funds $42,416 $42,416 $42,416 $42,416 269.4 Increase funds for three faculty positions and additional space for the Advanced Technology Development Center's (ATDC) Advanced Computing program ($393,603) and transfer funds from the Teaching program for ATDC operations ($22,309). (H:Increase funds for the Advanced Technology Development Center)(S:Utilize agency revenue generated for the startup costs for the Advanced Computing program)(CC:Increase funds for additional faculty and space for the Advanced Technology Development Center) State General Funds $415,912 $729,600 $415,912 $1,200,000 269.100 -Enterprise Innovation Institute Appropriation (HB 76) 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 $7,806,847 $8,120,535 $7,806,847 $8,590,935 State General Funds $7,806,847 $8,120,535 $7,806,847 $8,590,935 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 Rebates, Refunds, and Reimbursements $1,100,000 $1,100,000 $1,100,000 $1,100,000 Rebates, Refunds, and Reimbursements Not Itemized $1,100,000 $1,100,000 $1,100,000 $1,100,000 Sales and Services $1,500,000 $1,500,000 $1,500,000 $1,500,000 Sales and Services Not Itemized $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $18,281,847 $18,595,535 $18,281,847 $19,065,935 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. 3110 JOURNAL OF THE SENATE 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 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 $502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929 270.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,381 $1,381 $1,381 $1,381 270.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $3,445 $3,445 $3,445 $3,445 270.3 Increase funds for the employer share of health insurance. State General Funds $2,664 $2,664 $2,664 $2,664 270.4 Increase funds for personnel for research positions to include: Forest Health ($100,000), Wildlife ($80,000), and Economics and Taxation ($120,000). (CC:Increase funds for personnel for outreach/research positions to include: Forest Health ($100,000), Wildlife ($80,000), and Economics and Taxation ($120,000)) State General Funds $300,000 $300,000 $300,000 270.100-Forestry Cooperative Extension Appropriation (HB 76) 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 $510,431 $810,431 $810,431 $810,431 State General Funds $510,431 $810,431 $810,431 $810,431 TOTAL AGENCY FUNDS $575,988 $575,988 $575,988 $575,988 Intergovernmental Transfers $475,988 $475,988 $475,988 $475,988 University System of Georgia Research Funds $475,988 $475,988 $475,988 $475,988 Sales and Services $100,000 $100,000 $100,000 $100,000 TUESDAY, MARCH 31, 2015 3111 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $100,000 $1,086,419 $100,000 $1,386,419 $100,000 $1,386,419 $100,000 $1,386,419 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 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 $2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,902,173 271.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $10,444 $10,444 $10,444 $10,444 271.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,170 $18,170 $18,170 $18,170 271.3 Reduce funds for the employer share of health insurance (-$47,743) and retiree health benefits ($27,768). State General Funds ($19,975) ($19,975) ($19,975) ($19,975) 271.100-Forestry Research Appropriation (HB 76) 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 $2,660,386 $2,660,386 $2,660,386 $2,660,386 State General Funds $2,660,386 $2,660,386 $2,660,386 $2,660,386 3112 JOURNAL OF THE SENATE 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 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,910,812 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,910,812 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,910,812 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,910,812 Georgia Archives Continuation Budget 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 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 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 $4,627,469 $4,627,469 $689,281 $21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750 272.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $5,491 $5,491 $5,491 $5,491 272.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,492 $10,492 $10,492 $10,492 272.3 Increase funds for the employer share of health insurance (-$447) and retiree health benefits ($3,247). State General Funds $2,800 $2,800 $2,800 $2,800 TUESDAY, MARCH 31, 2015 3113 272.100 -Georgia Archives Appropriation (HB 76) 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 $4,646,252 $4,646,252 $4,646,252 $4,646,252 State General Funds $4,646,252 $4,646,252 $4,646,252 $4,646,252 TOTAL AGENCY FUNDS $689,281 $689,281 $689,281 $689,281 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 $667,381 $667,381 $667,381 $667,381 Record Center Storage Fees $592,381 $592,381 $592,381 $592,381 Sales and Services Not Itemized $75,000 $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $5,335,533 $5,335,533 $5,335,533 $5,335,533 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 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326 273.100-Georgia Radiation Therapy Center Appropriation (HB 76) 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 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 $4,837,326 3114 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 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 $5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909 274.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,763 $4,763 $4,763 $4,763 274.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $27,495 $27,495 $27,495 $27,495 274.3 Increase funds for the employer share of health insurance ($29,300) and retiree health benefits ($2,935). State General Funds $32,235 $32,235 $32,235 $32,235 274.100-Georgia Tech Research Institute Appropriation (HB 76) 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 $5,694,440 $5,694,440 $5,694,440 $5,694,440 State General Funds $5,694,440 $5,694,440 $5,694,440 $5,694,440 TOTAL AGENCY FUNDS $314,011,962 $314,011,962 $314,011,962 $314,011,962 TUESDAY, MARCH 31, 2015 3115 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 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,706,402 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,706,402 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,706,402 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,706,402 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 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 $728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913 275.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $4,345 $4,345 $4,345 $4,345 275.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $4,676 $4,676 $4,676 $4,676 275.3 Increase funds for the employer share of health insurance. State General Funds $19,776 $19,776 $19,776 $19,776 275.4 Increase funds for maintenance of facilities. State General Funds $169,569 $169,569 3116 JOURNAL OF THE SENATE 275.100 -Marine Institute Appropriation (HB 76) 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 $757,429 $757,429 $926,998 $926,998 State General Funds $757,429 $757,429 $926,998 $926,998 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 $1,243,710 $1,243,710 $1,413,279 $1,413,279 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 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 $1,214,511 $1,214,511 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,560,040 276.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $10,204 $10,204 $10,204 $10,204 276.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,970 $9,970 $9,970 $9,970 TUESDAY, MARCH 31, 2015 3117 276.3 Increase funds for the employer share of health insurance. State General Funds $9,024 $9,024 $9,024 $9,024 276.100 -Marine Resources Extension Center Appropriation (HB 76) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,243,709 $1,243,709 $1,243,709 $1,243,709 State General Funds $1,243,709 $1,243,709 $1,243,709 $1,243,709 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 $2,589,238 $2,589,238 $2,589,238 $2,589,238 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 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 $28,569,119 277.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $271,656 $271,656 $271,656 $271,656 277.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 76) 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 $28,840,775 $28,840,775 $28,840,775 $28,840,775 3118 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $28,840,775 $28,840,775 $28,840,775 $28,840,775 $28,840,775 $28,840,775 $28,840,775 $28,840,775 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 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 $32,310,084 $32,310,084 $5,222,400 $5,222,400 $5,222,400 $37,532,484 278.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $201,955 $201,955 $201,955 $201,955 278.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $194,660 $194,660 $194,660 $194,660 278.3 Increase funds for the employer share of health insurance. State General Funds $4,667 $4,667 $4,667 $4,667 278.4 Increase funds for the New Directions formula based on an increase in state population. State General Funds $158,154 $158,154 $158,154 $158,154 278.5 Provide performance measures in future fiscal years relating to library loans of digital media versus traditional book circulation. (S:YES)(CC:YES) State General Funds $0 $0 278.100 -Public Libraries Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 3119 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds TOTAL PUBLIC FUNDS $32,869,520 $32,869,520 $5,222,400 $5,222,400 $5,222,400 $38,091,920 $32,869,520 $32,869,520 $5,222,400 $5,222,400 $5,222,400 $38,091,920 $32,869,520 $32,869,520 $5,222,400 $5,222,400 $5,222,400 $38,091,920 $32,869,520 $32,869,520 $5,222,400 $5,222,400 $5,222,400 $38,091,920 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 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 $25,526,120 279.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $155,643 $155,643 $155,643 $155,643 279.2 Increase funds to continue the establishment and development of the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System. State General Funds $2,565,600 $2,565,600 $2,565,600 $2,565,600 279.3 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance contract. State General Funds Tobacco Settlement Funds Total Public Funds: $5,097,451 $247,158 $5,344,609 $5,097,451 $247,158 $5,344,609 $5,097,451 $247,158 $5,344,609 $5,097,451 $247,158 $5,344,609 279.4 Increase funds for the Georgia Youth Science and Technology Center. State General Funds $300,000 $300,000 $300,000 279.5 Reduce funds for film curriculum development. State General Funds ($400,000) ($200,000) ($200,000) 3120 JOURNAL OF THE SENATE 279.6 Reduce funds for graduate medical education and transfer savings to the Georgia Board for Physician Workforce, attached to the Department of Community Health. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 279.7 Utilize existing funds ($3,000,000) to implement the Desire to Learn (D2L) Data Analytics at USG institutions. (S:YES)(CC:Report to the General Assembly on the potential benefit of implementing the Desire to Learn (D2L) Data Analytics system-wide and the costs associated with the application) State General Funds $0 $0 279.100 -Public Service / Special Funding Initiatives Appropriation (HB 76) The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. TOTAL STATE FUNDS $33,591,972 $32,491,972 $32,691,972 $32,691,972 State General Funds $33,344,814 $32,244,814 $32,444,814 $32,444,814 Tobacco Settlement Funds $247,158 $247,158 $247,158 $247,158 TOTAL PUBLIC FUNDS $33,591,972 $32,491,972 $32,691,972 $32,691,972 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 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 $11,549,268 280.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,746 $35,746 $35,746 $35,746 280.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $26,941 $26,941 $26,941 $26,941 280.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $41,754 $41,754 $41,754 $41,754 TUESDAY, MARCH 31, 2015 3121 280.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,692,597 $19,798 $19,798 $19,798 280.5 Increase funds for the employer share of health insurance ($65,775) and retiree health benefits ($32,472). State General Funds $98,247 $98,247 $98,247 $98,247 280.6 Increase funds for personnel for an evaluation and assessment specialist position to ensure that teacher and leader preparation programs within the University System of Georgia are training classroom ready teachers. State General Funds $96,000 $96,000 $96,000 $96,000 280.7 Increase funds to the Southern Regional Education Board to reflect FY2016 dues and contract amounts. State General Funds $27,200 $27,200 $27,200 $27,200 280.100 -Regents Central Office Appropriation (HB 76) 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 $13,567,753 $11,894,954 $11,894,954 $11,894,954 State General Funds $13,567,753 $11,894,954 $11,894,954 $11,894,954 TOTAL PUBLIC FUNDS $13,567,753 $11,894,954 $11,894,954 $11,894,954 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 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 $1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620 $500,000 $500,000 3122 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $550,000 $550,000 $5,040,787 $550,000 $550,000 $5,040,787 $550,000 $550,000 $5,040,787 $550,000 $550,000 $5,040,787 281.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $8,401 $8,401 $8,401 $8,401 281.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $8,098 $8,098 $8,098 $8,098 281.3 Increase funds for the employer share of health insurance. State General Funds $16,512 $16,512 $16,512 $16,512 281.100 -Skidaway Institute of Oceanography Appropriation (HB 76) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,273,178 $1,273,178 $1,273,178 $1,273,178 State General Funds $1,273,178 $1,273,178 $1,273,178 $1,273,178 TOTAL AGENCY FUNDS $3,800,620 $3,800,620 $3,800,620 $3,800,620 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 $500,000 $500,000 $500,000 $500,000 Rebates, Refunds, and Reimbursements Not Itemized $500,000 $500,000 $500,000 $500,000 Sales and Services $550,000 $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,073,798 $5,073,798 $5,073,798 $5,073,798 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 $1,729,907,930 $1,729,907,930 $1,729,907,930 $1,729,907,930 $1,729,907,930 $1,729,907,930 $1,729,907,930 $1,729,907,930 TUESDAY, MARCH 31, 2015 3123 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 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 $4,333,156,042 $1,890,808,653 $1,751,586,909 $139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972 282.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $146,493 $146,493 $146,493 $146,493 282.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $15,109,363 $15,109,363 $15,109,363 $15,109,363 282.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $10,000,000 $10,000,000 $10,000,000 $10,000,000 282.4 Increase funds for the employer share of health insurance ($16,762,926) and retiree health benefits ($5,307,276). State General Funds $22,070,202 $22,070,202 $22,070,202 $22,070,202 282.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions. State General Funds $14,520,637 $14,520,637 $14,520,637 $14,520,637 282.6 Increase funds to include the Marine Institute program's resident instruction square footage in the Teaching formula. (S and CC:Reflect new funds in Marine Institute program) State General Funds $169,569 $169,569 $0 $0 282.7 Transfer funds from the Teaching program to the Enterprise Innovation Institute program for the operations of the Advanced Technology Development Center. State General Funds ($22,309) ($22,309) ($22,309) ($22,309) 3124 JOURNAL OF THE SENATE 282.8 Increase funds to adjust the debt service payback amount for projects constructed at the Georgia Institute of Technology ($522,717), Georgia State University ($400,378), Gordon College ($189,067), and Southern Polytechnic State University ($198,598). State General Funds $1,310,760 $1,310,760 $1,310,760 $1,310,760 282.9 Reduce funds for Georgia Gwinnett College (GCC) to reflect year two of the seven year plan to eliminate the GCC Special Funding Initiative. State General Funds ($1,375,000) ($1,375,000) ($1,375,000) ($1,375,000) 282.10 Add funds for advanced manufacturing at Georgia Southern University. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 282.11 Add funds for the Military and Academic Training Center in Warner Robins. (S:Add funds for the Military and Academic Training Center in Warner Robins and reflect an opening in Spring, 2016)(CC:Add funds for the Military and Academic Training Center in Warner Robins) State General Funds $485,000 $1,000,000 $281,000 $485,000 282.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,672,799 $1,672,799 $1,672,799 282.13 Utilize existing funds from the North Georgia regional master plan ($75,000) and increase funds ($693,000) for the new University of North Georgia instructional campus site. (S:Phase in staffing based on enrollment)(CC:Utilize existing funds from the North Georgia regional master plan ($75,000) and increase funds ($943,000) for the new University of North Georgia instructional campus site) State General Funds $693,000 $534,000 $943,000 282.14 Increase funds for statewide economic extension activities. (S:YES; Utilize existing funds)(CC:Increase funds for statewide economic extension activities) State General Funds $50,000 $0 $50,000 TUESDAY, MARCH 31, 2015 3125 282.15 Increase funds for the Georgia Capitol Agricultural History Museum. (CC:Increase funds for the Georgia Capitol Agricultural Museum, pursuant to SB274 (2014 Session)) State General Funds $39,000 $39,000 282.100 -Teaching Appropriation (HB 76) 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 $1,793,322,645 $1,796,253,444 $1,795,194,875 $1,795,857,875 State General Funds $1,793,322,645 $1,796,253,444 $1,795,194,875 $1,795,857,875 TOTAL AGENCY FUNDS $4,333,156,042 $4,333,156,042 $4,333,156,042 $4,333,156,042 Intergovernmental Transfers $1,890,808,653 $1,890,808,653 $1,890,808,653 $1,890,808,653 University System of Georgia Research Funds $1,751,586,909 $1,751,586,909 $1,751,586,909 $1,751,586,909 Intergovernmental Transfers Not Itemized $139,221,744 $139,221,744 $139,221,744 $139,221,744 Rebates, Refunds, and Reimbursements $127,468,332 $127,468,332 $127,468,332 $127,468,332 Rebates, Refunds, and Reimbursements Not Itemized $127,468,332 $127,468,332 $127,468,332 $127,468,332 Sales and Services $2,314,879,057 $2,314,879,057 $2,314,879,057 $2,314,879,057 Sales and Services Not Itemized $499,339,510 $499,339,510 $499,339,510 $499,339,510 Tuition and Fees for Higher Education $1,815,539,547 $1,815,539,547 $1,815,539,547 $1,815,539,547 TOTAL PUBLIC FUNDS $6,126,478,687 $6,129,409,486 $6,128,350,917 $6,129,013,917 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 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 $2,618,043 283.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $13,670 $13,670 $13,670 $13,670 283.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $21,887 $21,887 $21,887 $21,887 3126 JOURNAL OF THE SENATE 283.3 Reduce funds for the employer share of health insurance (-$12,528) and retiree health benefits ($8,724). State General Funds ($3,804) ($3,804) ($3,804) ($3,804) 283.100 -Veterinary Medicine Experiment Station Appropriation (HB 76) 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 $2,649,796 $2,649,796 $2,649,796 $2,649,796 State General Funds $2,649,796 $2,649,796 $2,649,796 $2,649,796 TOTAL PUBLIC FUNDS $2,649,796 $2,649,796 $2,649,796 $2,649,796 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 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 $393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117 284.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $3,161 $3,161 $3,161 $3,161 284.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $1,889 $1,889 $1,889 $1,889 284.3 Increase funds for the employer share of health insurance. State General Funds $18,996 $18,996 $18,996 $18,996 TUESDAY, MARCH 31, 2015 3127 284.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 76) 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 $417,163 $417,163 $417,163 $417,163 State General Funds $417,163 $417,163 $417,163 $417,163 TOTAL AGENCY FUNDS $14,500,000 $14,500,000 $14,500,000 $14,500,000 Sales and Services $14,500,000 $14,500,000 $14,500,000 $14,500,000 Sales and Services Not Itemized $14,500,000 $14,500,000 $14,500,000 $14,500,000 TOTAL PUBLIC FUNDS $14,917,163 $14,917,163 $14,917,163 $14,917,163 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 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 $2,329,780 285.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,221 $2,221 $2,221 $2,221 285.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $25,614 $25,614 $25,614 $25,614 285.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $24,207 $24,207 $24,207 $7,604 285.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $101,350 $101,350 $101,350 $101,350 3128 JOURNAL OF THE SENATE 285.5 Increase funds for the employer share of health insurance. State General Funds $225,189 $225,189 $225,189 $204,120 285.6 Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School. State General Funds $349,429 $849,429 $696,125 $377,163 285.7 Increase funds for one-time funding for the design of Historic Jenkins Hall renovation. State General Funds $500,000 $500,000 $500,000 285.100-Payments to Georgia Military College Appropriation (HB 76) 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 $3,057,790 $4,057,790 $3,904,486 $3,547,852 State General Funds $3,057,790 $4,057,790 $3,904,486 $3,547,852 TOTAL PUBLIC FUNDS $3,057,790 $4,057,790 $3,904,486 $3,547,852 Payments to Georgia Public Telecommunications Commission 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 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 $14,690,162 286.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $99,533 $99,533 $99,533 $99,533 286.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,832 $1,832 $1,832 $1,832 286.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $45,375 $45,375 $45,375 $45,375 TUESDAY, MARCH 31, 2015 3129 286.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($5,337) ($5,337) ($5,337) ($5,337) 286.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,883 $16,883 $16,883 $23,245 286.6 Increase funds for mobile production expenses. (S:YES; Collect participation fee from Georgia High School Athletic Association)(CC:Increase funds for mobile production expenses to be matched by the Georgia High School Association) State General Funds $285,400 $0 $142,700 286.100-Payments to Georgia Public Telecommunications Commission Appropriation (HB 76) The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences, and enrich the quality of their lives. TOTAL STATE FUNDS $14,848,448 $15,133,848 $14,848,448 $14,997,510 State General Funds $14,848,448 $15,133,848 $14,848,448 $14,997,510 TOTAL PUBLIC FUNDS $14,848,448 $15,133,848 $14,848,448 $14,997,510 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 PUBLIC FUNDS Section Total - Continuation $177,733,395 $177,733,395 $177,733,395 $177,299,612 $177,299,612 $177,299,612 $433,783 $433,783 $433,783 $819,087 $819,087 $819,087 $567,580 $567,580 $567,580 $251,507 $251,507 $251,507 $178,552,482 $178,552,482 $178,552,482 $177,733,395 $177,299,612 $433,783 $819,087 $567,580 $251,507 $178,552,482 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Final $179,394,511 $180,847,265 $178,960,728 $180,413,482 $433,783 $433,783 $179,394,511 $178,960,728 $433,783 $181,285,086 $180,851,303 $433,783 3130 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $819,087 Federal Funds Not Itemized $567,580 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 TOTAL PUBLIC FUNDS $180,213,598 $819,087 $567,580 $251,507 $181,666,352 $819,087 $567,580 $251,507 $180,213,598 $819,087 $567,580 $251,507 $182,104,173 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 $13,398,198 $13,398,198 $225,580 $225,580 $13,623,778 287.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $97,554 $97,554 $97,554 $97,554 287.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $51,048 $51,048 $51,048 $51,048 287.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($11,736) ($11,736) ($11,736) ($11,736) 287.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $16,721 $16,721 $16,721 $0 287.5 Increase funds for telecommunications. State General Funds $191,278 $191,278 $191,278 $191,278 TUESDAY, MARCH 31, 2015 3131 287.100 -Customer Service Appropriation (HB 76) The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. TOTAL STATE FUNDS $13,743,063 $13,743,063 $13,743,063 $13,726,342 State General Funds $13,743,063 $13,743,063 $13,743,063 $13,726,342 TOTAL FEDERAL FUNDS $225,580 $225,580 $225,580 $225,580 Federal Funds Not Itemized $225,580 $225,580 $225,580 $225,580 TOTAL PUBLIC FUNDS $13,968,643 $13,968,643 $13,968,643 $13,951,922 Departmental Administration Continuation Budget The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 $7,916,507 288.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $96,290 $96,290 $96,290 $96,290 288.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $44,664 $44,664 $44,664 $44,664 288.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,465) ($6,465) ($6,465) ($6,465) 288.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $11,610 $11,610 $11,610 $47,275 288.5 Increase funds for telecommunications. State General Funds $14,765 $14,765 $14,765 $14,765 3132 JOURNAL OF THE SENATE 288.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $8,077,371 $8,077,371 $8,077,371 $8,113,036 State General Funds $8,077,371 $8,077,371 $8,077,371 $8,113,036 TOTAL PUBLIC FUNDS $8,077,371 $8,077,371 $8,077,371 $8,113,036 Forestland 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 O.C.G.A. 48-5A-2, the Forestland Protection Act, created by HB 1211 and HB 1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 $14,072,351 289.100-Forestland Protection Grants Appropriation (HB 76) 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 STATE FUNDS $14,072,351 $14,072,351 $14,072,351 $14,072,351 State General Funds $14,072,351 $14,072,351 $14,072,351 $14,072,351 TOTAL PUBLIC FUNDS $14,072,351 $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 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 TUESDAY, MARCH 31, 2015 3133 290.100 -Fraud Detection and Prevention Appropriation (HB 76) 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 $1,250,000 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 Industry Regulation Continuation Budget The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; and 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 PUBLIC FUNDS $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 $5,943,212 $5,509,429 $433,783 $371,507 $120,000 $251,507 $6,314,719 291.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $55,977 $55,977 $55,977 $55,977 291.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $32,279 $32,279 $32,279 $32,279 291.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($6,365) ($6,365) ($6,365) ($6,365) 291.4 Increase funds for telecommunications. State General Funds $23,246 $23,246 $23,246 $23,246 3134 JOURNAL OF THE SENATE 291.100 -Industry Regulation Appropriation (HB 76) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. TOTAL STATE FUNDS $6,048,349 $6,048,349 $6,048,349 $6,048,349 State General Funds $5,614,566 $5,614,566 $5,614,566 $5,614,566 Tobacco Settlement Funds $433,783 $433,783 $433,783 $433,783 TOTAL FEDERAL FUNDS $371,507 $371,507 $371,507 $371,507 Federal Funds Not Itemized $120,000 $120,000 $120,000 $120,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 $251,507 $251,507 $251,507 TOTAL PUBLIC FUNDS $6,419,856 $6,419,856 $6,419,856 $6,419,856 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 PUBLIC FUNDS $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 $6,184,126 292.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $54,091 $54,091 $54,091 $54,091 292.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $26,943 $26,943 $26,943 $26,943 292.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,373) ($4,373) ($4,373) ($4,373) 292.4 Reduce funds for payments for unclaimed property recovery services based on updated payment methodology. State General Funds ($1,410,133) ($1,410,133) ($1,410,133) ($1,410,133) TUESDAY, MARCH 31, 2015 3135 292.5 Increase funds for telecommunications. State General Funds $22,803 $22,803 $22,803 $22,803 292.100-Local Government Services Appropriation (HB 76) 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 $4,873,457 $4,873,457 $4,873,457 $4,873,457 State General Funds $4,873,457 $4,873,457 $4,873,457 $4,873,457 TOTAL PUBLIC FUNDS $4,873,457 $4,873,457 $4,873,457 $4,873,457 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 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 $12,859,059 293.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,189,218 $1,189,218 $1,189,218 $1,189,218 293.2 Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures. State General Funds ($1,036,853) ($1,036,853) ($1,036,853) ($1,036,853) 293.100 -Local Tax Officials Retirement and FICA Appropriation (HB 76) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $13,011,424 $13,011,424 $13,011,424 $13,011,424 State General Funds $13,011,424 $13,011,424 $13,011,424 $13,011,424 TOTAL PUBLIC FUNDS $13,011,424 $13,011,424 $13,011,424 $13,011,424 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. 3136 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 $18,380,959 294.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $84,998 $84,998 $84,998 $84,998 294.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $42,237 $42,237 $42,237 $42,237 294.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($11,935) ($11,935) ($11,935) ($11,935) 294.4 Increase funds for telecommunications. State General Funds $70,654 $70,654 $70,654 $70,654 294.5 Increase funds to meet projected expenditures for tag production. State General Funds $1,000,000 294.100 -Motor Vehicle Registration and Titling Appropriation (HB 76) 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 $18,566,913 $18,566,913 $18,566,913 $19,566,913 State General Funds $18,566,913 $18,566,913 $18,566,913 $19,566,913 TOTAL PUBLIC FUNDS $18,566,913 $18,566,913 $18,566,913 $19,566,913 Office of Special Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 $3,892,721 TUESDAY, MARCH 31, 2015 3137 295.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,145 $45,145 $45,145 $45,145 295.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $18,277 $18,277 $18,277 $18,277 295.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,277) ($4,277) ($4,277) ($4,277) 295.4 Increase funds for telecommunications. State General Funds $3,447 $3,447 $3,447 $3,447 295.100 -Office of Special Investigations Appropriation (HB 76) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts. TOTAL STATE FUNDS $3,955,313 $3,955,313 $3,955,313 $3,955,313 State General Funds $3,955,313 $3,955,313 $3,955,313 $3,955,313 TOTAL PUBLIC FUNDS $3,955,313 $3,955,313 $3,955,313 $3,955,313 Revenue Processing Continuation Budget The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 $13,398,047 296.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $75,038 $75,038 $75,038 $75,038 296.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $36,577 $36,577 $36,577 $36,577 3138 JOURNAL OF THE SENATE 296.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,548) ($9,548) ($9,548) ($9,548) 296.4 Increase funds for telecommunications. State General Funds $113,803 $113,803 $113,803 $113,803 296.100-Revenue Processing Appropriation (HB 76) 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 $13,613,917 $13,613,917 $13,613,917 $13,613,917 State General Funds $13,613,917 $13,613,917 $13,613,917 $13,613,917 TOTAL PUBLIC FUNDS $13,613,917 $13,613,917 $13,613,917 $13,613,917 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $52,663,327 $52,663,327 $222,000 $222,000 $52,885,327 $52,663,327 $52,663,327 $222,000 $222,000 $52,885,327 $52,663,327 $52,663,327 $222,000 $222,000 $52,885,327 $52,663,327 $52,663,327 $222,000 $222,000 $52,885,327 297.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $527,906 $527,906 $527,906 $527,906 297.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $262,436 $262,436 $262,436 $262,436 297.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($49,509) ($49,509) ($49,509) ($49,509) TUESDAY, MARCH 31, 2015 3139 297.4 Increase funds for telecommunications. State General Funds $328,731 $328,731 $328,731 $328,731 297.5 Increase funds for personnel and operations for three pilot projects to maximize the use of data analytics capabilities and improve the efficiency of tax compliance. (S:YES; Utilize existing funds)(CC:Increase funds for personnel and operations for two pilot projects to maximize the use of data analytics capabilities and improve the efficiency of tax compliance) State General Funds $1,452,754 $0 $871,631 297.6 By January 1, 2016, the Department of Revenue shall provide a report to the Georgia General Assembly on the progress of the new pilot projects. (H:YES)(S:YES) State General Funds $0 $0 $0 297.100-Tax Compliance Appropriation (HB 76) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $53,732,891 $55,185,645 $53,732,891 $54,604,522 State General Funds $53,732,891 $55,185,645 $53,732,891 $54,604,522 TOTAL FEDERAL FUNDS $222,000 $222,000 $222,000 $222,000 Federal Funds Not Itemized $222,000 $222,000 $222,000 $222,000 TOTAL PUBLIC FUNDS $53,954,891 $55,407,645 $53,954,891 $54,826,522 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 PUBLIC FUNDS $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 $3,064,001 298.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,662 $35,662 $35,662 $35,662 3140 JOURNAL OF THE SENATE 298.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,605 $16,605 $16,605 $16,605 298.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($2,291) ($2,291) ($2,291) ($2,291) 298.4 Increase funds for telecommunications. State General Funds $13,889 $13,889 $13,889 $13,889 298.100 -Tax Policy Appropriation (HB 76) 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 $3,127,866 $3,127,866 $3,127,866 $3,127,866 State General Funds $3,127,866 $3,127,866 $3,127,866 $3,127,866 TOTAL PUBLIC FUNDS $3,127,866 $3,127,866 $3,127,866 $3,127,866 Technology Support Services Continuation Budget The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 $24,710,887 299.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $166,354 $166,354 $166,354 $166,354 299.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $88,254 $88,254 $88,254 $88,254 TUESDAY, MARCH 31, 2015 3141 299.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($8,852) ($8,852) ($8,852) ($8,852) 299.4 Increase funds for telecommunications. State General Funds $364,953 $364,953 $364,953 $364,953 299.100 -Technology Support Services Appropriation (HB 76) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $25,321,596 $25,321,596 $25,321,596 $25,321,596 State General Funds $25,321,596 $25,321,596 $25,321,596 $25,321,596 TOTAL PUBLIC FUNDS $25,321,596 $25,321,596 $25,321,596 $25,321,596 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $21,877,971 $21,877,971 $21,877,971 $21,877,971 $21,877,971 $21,877,971 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $4,723,849 $4,723,849 $4,723,849 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $4,703,849 $4,703,849 $4,703,849 $4,703,849 $4,703,849 $4,703,849 $26,686,820 $26,686,820 $26,686,820 $21,877,971 $21,877,971 $85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $24,530,664 $24,530,664 $24,530,664 $24,530,664 $85,000 $85,000 $85,000 $85,000 $4,723,849 $4,723,849 $24,538,290 $24,538,290 $85,000 $85,000 $4,723,849 $24,476,790 $24,476,790 $85,000 $85,000 $4,723,849 3142 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513 $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513 $20,000 $20,000 $4,703,849 $4,703,849 $29,347,139 $20,000 $20,000 $4,703,849 $4,703,849 $29,285,639 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 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 $40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610 300.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,327 $20,327 $20,327 $20,327 300.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,270 $9,270 $9,270 $9,270 300.3 Increase funds for operations. State General Funds $873,351 $873,351 $873,351 $873,351 300.100 -Corporations Appropriation (HB 76) 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 $943,462 $943,462 $943,462 $943,462 State General Funds $943,462 $943,462 $943,462 $943,462 TOTAL AGENCY FUNDS $3,775,096 $3,775,096 $3,775,096 $3,775,096 TUESDAY, MARCH 31, 2015 3143 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,775,096 $3,775,096 $4,718,558 $3,775,096 $3,775,096 $4,718,558 $3,775,096 $3,775,096 $4,718,558 $3,775,096 $3,775,096 $4,718,558 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 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 301.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,811 $24,811 $24,811 $5,226,157 $5,226,157 $85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157 $24,811 301.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $12,158 $12,158 $12,158 $12,158 301.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($13,057) ($13,057) ($13,057) ($13,057) 301.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($3,245) ($3,245) ($3,245) ($2,517) 301.5 Increase funds for four positions and operations to prepare for the future elections. (H and S:Provide funds for one attorney ($65,130) and one military liaison ($56,988) to prepare for future elections, and transfer two investigator positions ($137,827) to the Investigations program) State General Funds $259,945 $122,118 $122,118 $122,118 3144 JOURNAL OF THE SENATE 301.100 -Elections Appropriation (HB 76) 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 $5,506,769 $5,368,942 $5,368,942 $5,369,670 State General Funds $5,506,769 $5,368,942 $5,368,942 $5,369,670 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 $5,641,769 $5,503,942 $5,503,942 $5,504,670 Investigations Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 302.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,415 $40,415 $40,415 $0 $0 $40,415 302.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $20,910 $20,910 $20,910 $20,910 302.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($25,460) ($25,460) ($25,460) ($25,460) 302.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($5,898) ($5,898) ($5,898) ($4,575) 302.5 Increase funds for personnel for two investigator positions to prepare for future elections. State General Funds $137,827 $137,827 $137,827 TUESDAY, MARCH 31, 2015 3145 302.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and operations. State General Funds $2,615,612 $2,615,612 $2,615,612 $2,615,612 302.99 CC: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. Senate: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. House: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. Governor: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. State General Funds $0 $0 $0 $0 302.100 -Investigations Appropriation (HB 76) The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to investigate complaints; and to conduct inspections of applicants and existing license holders. TOTAL STATE FUNDS $2,645,579 $2,783,406 $2,783,406 $2,784,729 State General Funds $2,645,579 $2,783,406 $2,783,406 $2,784,729 TOTAL PUBLIC FUNDS $2,645,579 $2,783,406 $2,783,406 $2,784,729 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 $5,980,705 $5,980,705 $15,000 $15,000 $15,000 $5,995,705 303.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $38,800 $38,800 $38,800 $38,800 3146 JOURNAL OF THE SENATE 303.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $19,076 $19,076 $19,076 $19,076 303.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($19,584) ($19,584) ($19,584) ($19,584) 303.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($4,877) ($4,877) ($4,877) ($3,783) 303.5 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and operations for the Georgia Athletic and Entertainment Commission. State General Funds ($95,280) ($95,280) ($95,280) ($95,280) 303.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and operations. State General Funds ($2,615,612) ($2,615,612) ($2,615,612) ($2,615,612) 303.100 -Office Administration Appropriation (HB 76) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $3,303,228 $3,303,228 $3,303,228 $3,304,322 State General Funds $3,303,228 $3,303,228 $3,303,228 $3,304,322 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 $3,318,228 $3,318,228 $3,318,228 $3,319,322 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. TUESDAY, MARCH 31, 2015 3147 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 $6,818,847 $6,818,847 $813,753 $813,753 $813,753 $7,632,600 304.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $81,485 $81,485 $81,485 $81,485 304.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $40,619 $40,619 $40,619 $40,619 304.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($58,754) ($58,754) ($58,754) ($58,754) 304.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds ($13,816) ($13,816) ($13,816) ($10,718) 304.5 Increase funds for operations. State General Funds $670,468 $670,468 $670,468 $670,468 304.6 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and operations for the Georgia Athletic and Entertainment Commission. State General Funds $95,280 $95,280 $95,280 $95,280 304.7 Increase funds for personnel for five call center positions and five professional licensing positions to expedite processing and assist with complaint and compliance activities. (S:Increase funds for personnel for five call center positions, five professional licensing positions and one nursing investigator to expedite processing and assist with complaint and compliance activities) State General Funds $513,148 $513,148 $581,379 $513,148 3148 JOURNAL OF THE SENATE 304.100 -Professional Licensing Boards Appropriation (HB 76) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $8,147,277 $8,147,277 $8,215,508 $8,150,375 State General Funds $8,147,277 $8,147,277 $8,215,508 $8,150,375 TOTAL AGENCY FUNDS $813,753 $813,753 $813,753 $813,753 Sales and Services $813,753 $813,753 $813,753 $813,753 Sales and Services Not Itemized $813,753 $813,753 $813,753 $813,753 TOTAL PUBLIC FUNDS $8,961,030 $8,961,030 $9,029,261 $8,964,128 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 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 $604,458 $604,458 $50,000 $50,000 $50,000 $654,458 305.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,792 $8,792 $8,792 $8,792 305.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,501 $5,501 $5,501 $5,501 305.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($9,139) ($9,139) ($9,139) ($9,139) TUESDAY, MARCH 31, 2015 3149 305.4 Reduce funds to reflect an adjustment in Teamworks billings. State General Funds 305.5 Increase funds for operations. State General Funds ($2,177) $121,210 ($2,177) $121,210 ($2,177) $60,605 ($1,689) $60,605 305.100 -Securities Appropriation (HB 76) 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 $728,645 $728,645 $668,040 $668,528 State General Funds $728,645 $728,645 $668,040 $668,528 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 $778,645 $778,645 $718,040 $718,528 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 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 $258,600 $258,600 $20,000 $20,000 $20,000 $278,600 306.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,552 $3,552 $3,552 $3,552 306.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,084 $2,084 $2,084 $2,084 3150 JOURNAL OF THE SENATE 306.100 -Commission on the Holocaust, Georgia Appropriation (HB 76) 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 $264,236 $264,236 $264,236 $264,236 State General Funds $264,236 $264,236 $264,236 $264,236 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 $284,236 $284,236 $284,236 $284,236 Real Estate Commission Continuation Budget 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 $2,948,690 307.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $34,147 $34,147 $34,147 $34,147 307.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $16,036 $16,036 $16,036 $16,036 307.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($7,405) ($7,405) ($7,405) ($7,405) 307.100 -Real Estate Commission Appropriation (HB 76) 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 STATE FUNDS $2,991,468 $2,991,468 $2,991,468 $2,991,468 State General Funds $2,991,468 $2,991,468 $2,991,468 $2,991,468 TOTAL PUBLIC FUNDS $2,991,468 $2,991,468 $2,991,468 $2,991,468 TUESDAY, MARCH 31, 2015 3151 Section 43: Soil and Water Conservation Commission, State 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 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $2,620,072 $2,620,072 $2,620,072 $2,620,072 $2,620,072 $2,620,072 $359,145 $359,145 $359,145 $359,145 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $307,737 $4,477,136 $4,477,136 $4,477,136 $2,620,072 $2,620,072 $359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136 Section Total - Final 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 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 $724,705 308.98 Transfer funds and eight positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and eight positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds ($724,705) ($724,705) ($724,705) ($724,705) 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. 3152 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 $240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127 309.98 Transfer funds and 10 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and ten positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: ($240,208) ($192,737) ($1,190,182) ($1,623,127) ($240,208) ($192,737) ($1,190,182) ($1,623,127) ($240,208) ($192,737) ($1,190,182) ($1,623,127) ($240,208) ($192,737) ($1,190,182) ($1,623,127) 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 $1,422,937 $1,422,937 $166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082 TUESDAY, MARCH 31, 2015 3153 310.98 Transfer funds and 33 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and 33 positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities) State General Funds Federal Funds Not Itemized Federal Fund Transfers Not Itemized Total Public Funds: ($1,422,937) ($166,408) ($307,737) ($1,897,082) ($1,422,937) ($166,408) ($307,737) ($1,897,082) ($1,422,937) ($166,408) ($307,737) ($1,897,082) ($1,422,937) ($166,408) ($307,737) ($1,897,082) U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 $98,502 311.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. (CC:Transfer funds from the State Soil and Water Conservation Commission - U.S.D.A. Flood Control Watershed Structures program to the new Department of Agriculture - State Soil and Water Conservation Commission: USDA Flood Control Watershed Structures program) State General Funds ($98,502) ($98,502) ($98,502) ($98,502) 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 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 $133,720 312.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. (CC:Transfer funds from the State Soil and Water Conservation Commission - Water Resources and Land Use Planning program to the new Department of Agriculture - State Soil and Water Conservation Commission: Water Resources and Land Use Planning program) State General Funds ($133,720) ($133,720) ($133,720) ($133,720) 3154 JOURNAL OF THE SENATE Section 44: Student Finance Commission and Authority, Georgia 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 - Continuation $682,506,450 $682,506,450 $682,506,450 $48,858,430 $48,858,430 $48,858,430 $633,648,020 $633,648,020 $633,648,020 $713,673 $713,673 $713,673 $230,950 $230,950 $230,950 $230,950 $230,950 $230,950 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $683,220,123 $683,220,123 $683,220,123 $682,506,450 $48,858,430 $633,648,020 $713,673 $230,950 $230,950 $482,723 $482,723 $683,220,123 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 $717,313,325 $709,662,075 $60,836,497 $53,185,247 $656,476,828 $656,476,828 $713,673 $713,673 $230,950 $230,950 $230,950 $230,950 $482,723 $482,723 $482,723 $482,723 $718,026,998 $710,375,748 $713,162,075 $56,685,247 $656,476,828 $713,673 $230,950 $230,950 $482,723 $482,723 $713,875,748 $717,162,075 $60,685,247 $656,476,828 $713,673 $230,950 $230,950 $482,723 $482,723 $717,875,748 Accel Continuation Budget The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 $10,501,645 313.1 Increase funds to meet the projected need. State General Funds $10,890,394 $10,890,394 $10,890,394 $18,390,394 TUESDAY, MARCH 31, 2015 3155 313.100 -Accel Appropriation (HB 76) 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 $21,392,039 $21,392,039 $21,392,039 $28,892,039 State General Funds $21,392,039 $21,392,039 $21,392,039 $28,892,039 TOTAL PUBLIC FUNDS $21,392,039 $21,392,039 $21,392,039 $28,892,039 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 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 $785,250 314.1 Reduce funds to eliminate the scholarship program while continuing awards to current scholarship recipients and transfer savings to the Tuition Equalization Grant program. State General Funds ($105,000) $0 $0 $0 314.2 Increase funds to meet the projected need. State General Funds $243,750 $243,750 $243,750 314.3 Increase funds to recruit and retain minority engineers at Mercer University. State General Funds $2,000,000 $0 314.4 Increase funds to recruit and retain minority engineers at Morehouse College. State General Funds $1,000,000 $0 314.5 Utilize existing funds to recruit and retain minority engineering students at Georgia public and private colleges and universities. (CC:YES) State General Funds $0 3156 JOURNAL OF THE SENATE 314.99 CC: The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students and retain those students as engineers in the State. State General Funds $0 314.100 -Engineer Scholarship Appropriation (HB 76) The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students and retain those students as engineers in the State. TOTAL STATE FUNDS $680,250 $1,029,000 $4,029,000 $1,029,000 State General Funds $680,250 $1,029,000 $4,029,000 $1,029,000 TOTAL PUBLIC FUNDS $680,250 $1,029,000 $4,029,000 $1,029,000 Georgia Military College Scholarship Continuation Budget The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 315.1 Increase funds to meet the projected need. State General Funds $108,378 $108,378 $108,378 $108,378 315.100-Georgia Military College Scholarship Appropriation (HB 76) 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 $1,203,240 $1,203,240 $1,203,240 $1,203,240 State General Funds $1,203,240 $1,203,240 $1,203,240 $1,203,240 TOTAL PUBLIC FUNDS $1,203,240 $1,203,240 $1,203,240 $1,203,240 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. TUESDAY, MARCH 31, 2015 3157 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 $800,000 316.100 -HERO Scholarship Appropriation (HB 76) The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members. TOTAL STATE FUNDS $800,000 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 HOPE Administration Continuation Budget The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 $8,143,119 $0 $8,143,119 $230,950 $230,950 $230,950 $8,374,069 317.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $59,679 $59,679 $59,679 $59,679 317.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. Lottery Proceeds $3,298 $3,298 $3,298 $3,298 317.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Lottery Proceeds $44,193 $44,193 $44,193 $44,193 317.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Lottery Proceeds ($40,489) ($40,489) ($40,489) ($40,489) 3158 JOURNAL OF THE SENATE 317.100-HOPE Administration Appropriation (HB 76) 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 $8,209,800 $8,209,800 $8,209,800 $8,209,800 Lottery Proceeds $8,209,800 $8,209,800 $8,209,800 $8,209,800 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 $8,440,750 $8,440,750 $8,440,750 $8,440,750 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 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 $1,930,296 $0 $1,930,296 $1,930,296 318.100 -HOPE GED Appropriation (HB 76) 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 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 $109,059,989 $0 $109,059,989 $109,059,989 TUESDAY, MARCH 31, 2015 3159 319.1 Utilize existing funds to increase HOPE Grant award amount by 3% (103% Factor Rate: $1,597,483). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 319.2 Utilize existing funds ($465,260) to increase the award amount for Zell Miller Grants for students attending technical colleges. (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 319.3 Utilize existing funds for the Strategic Industries Workforce Development Grant to include Computer Programming, Certified Engineer Assistant, Movie Production and Set Design, and Precision Manufacturing certificate and diploma programs ($504,980). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 319.100 -HOPE Grant Appropriation (HB 76) 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 $109,059,989 $109,059,989 $109,059,989 $109,059,989 Lottery Proceeds $109,059,989 $109,059,989 $109,059,989 $109,059,989 TOTAL PUBLIC FUNDS $109,059,989 $109,059,989 $109,059,989 $109,059,989 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 $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 $47,916,330 $0 $47,916,330 $47,916,330 320.1 Utilize existing funds to increase the award amount for HOPE Scholarships-Private Schools by 3% (103% Factor Rate: $1,348,863). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 3160 JOURNAL OF THE SENATE 320.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending private postsecondary institutions by 3% ($27,058). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 320.100-HOPE Scholarships - Private Schools Appropriation (HB 76) 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 $47,916,330 $47,916,330 $47,916,330 $47,916,330 Lottery Proceeds $47,916,330 $47,916,330 $47,916,330 $47,916,330 TOTAL PUBLIC FUNDS $47,916,330 $47,916,330 $47,916,330 $47,916,330 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 $446,598,286 $0 $446,598,286 $446,598,286 321.1 Increase funds to meet the projected need ($6,711,568) and to increase the award amount for HOPE Scholarships-Public Schools by 3% (103% Factor Rate: $10,050,559). Lottery Proceeds $16,762,127 $16,762,127 $16,762,127 $16,762,127 321.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending public postsecondary institutions ($1,535,982). (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 $0 321.100 -HOPE Scholarships - Public Schools Appropriation (HB 76) 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 $463,360,413 $463,360,413 $463,360,413 $463,360,413 TUESDAY, MARCH 31, 2015 3161 Lottery Proceeds TOTAL PUBLIC FUNDS $463,360,413 $463,360,413 $463,360,413 $463,360,413 $463,360,413 $463,360,413 $463,360,413 $463,360,413 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 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 $19,000,000 $0 $19,000,000 $19,000,000 322.1 Increase funds to meet the projected need. (H:Provide for HOPE funding gap)(S:Adhere to O.C.G.A. 20-3-400.2)(CC:YES) Lottery Proceeds $6,000,000 ($2,000,000) ($1,500,000) $6,000,000 322.2 Transfer funds from Low Interest Loans for Technical Colleges program to Low Interest Loans program. State General Funds Lottery Proceeds Total Public Funds: $9,000,000 $1,000,000 $10,000,000 322.3 Reduce funds to reflect the projected need for the HOPE funding gap. State General Funds ($8,000,000) 322.99 CC: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college or technical 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). State General Funds $0 3162 JOURNAL OF THE SENATE 322.100 -Low Interest Loans Appropriation (HB 76) 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 $25,000,000 $17,000,000 $17,500,000 $27,000,000 State General Funds $0 $0 $0 $1,000,000 Lottery Proceeds $25,000,000 $17,000,000 $17,500,000 $26,000,000 TOTAL PUBLIC FUNDS $25,000,000 $17,000,000 $17,500,000 $27,000,000 Low Interest Loans for Technical Colleges Continuation Budget The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 $10,000,000 $9,000,000 $1,000,000 $10,000,000 323.1 Replace funds. (S:Replace funds and require Georgia Student Finance Commission initiate monitoring action of default rates and develop plan to disqualify students from schools in default exceeding 15%)(CC:NO) State General Funds Lottery Proceeds Total Public Funds: ($8,000,000) ($7,500,000) $0 $8,000,000 $7,500,000 $0 $0 $0 $0 323.98 Transfer funds from Low Interest Loans for Technical Colleges program to Low Interest Loans program. State General Funds Lottery Proceeds Total Public Funds: ($9,000,000) ($1,000,000) ($10,000,000) 323.100 -Low Interest Loans for Technical Colleges Appropriation (HB 76) The purpose of this appropriation is to assist students with the affordability of a technical college education. TOTAL STATE FUNDS $10,000,000 $10,000,000 $10,000,000 $0 State General Funds $9,000,000 $1,000,000 $1,500,000 $0 TUESDAY, MARCH 31, 2015 3163 Lottery Proceeds TOTAL PUBLIC FUNDS $1,000,000 $9,000,000 $8,500,000 $0 $10,000,000 $10,000,000 $10,000,000 $0 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 324.1 Increase funds to meet the projected need. State General Funds $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $1,517,277 $1,517,277 $482,723 $482,723 $482,723 $2,000,000 $308,168 $308,168 $308,168 $308,168 324.100 -North Georgia Military Scholarship Grants Appropriation (HB 76) 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 $1,825,445 $1,825,445 $1,825,445 $1,825,445 State General Funds $1,825,445 $1,825,445 $1,825,445 $1,825,445 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $2,308,168 $2,308,168 $2,308,168 $2,308,168 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 3164 JOURNAL OF THE SENATE 325.1 Increase funds to meet the projected need. State General Funds $362,500 $362,500 $362,500 $362,500 325.100 -North Georgia ROTC Grants Appropriation (HB 76) 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 $1,237,500 $1,237,500 $1,237,500 $1,237,500 State General Funds $1,237,500 $1,237,500 $1,237,500 $1,237,500 TOTAL PUBLIC FUNDS $1,237,500 $1,237,500 $1,237,500 $1,237,500 Public Safety Memorial 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 $376,761 326.1 Increase funds to meet the projected need. State General Funds $223,239 $223,239 $223,239 $223,239 326.98 Change the name of the Public Memorial Safety Grant program to Public Safety Memorial Grant. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 326.100-Public Safety Memorial Grant Appropriation (HB 76) 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 $600,000 $600,000 $600,000 $600,000 State General Funds $600,000 $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $600,000 $600,000 $600,000 $600,000 TUESDAY, MARCH 31, 2015 3165 REACH Georgia Scholarship Continuation Budget The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 327.100 -REACH Georgia Scholarship Appropriation (HB 76) The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits. TOTAL STATE FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 State General Funds $2,000,000 $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 Tuition Equalization Grants Continuation Budget The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 $21,119,952 328.1 Transfer funds from the Engineer Scholarship program ($105,000) to the Tuition Equalization Grants program and utilize existing funds to increase the award amount from $700 to $900 a year. (Total funds: $2,626,328)(H and S:Increase funds and utilize existing funds to increase the award amount from $700 to $900 a year (Total funds: $2,626,328)) State General Funds $105,000 $105,000 $105,000 $105,000 328.100 -Tuition Equalization Grants Appropriation (HB 76) 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. 3166 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 $21,224,952 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 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 $787,683 329.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,860 $6,860 $6,860 $6,860 329.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,364 $5,364 $5,364 $5,364 329.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($4,836) ($4,836) ($4,836) ($4,836) 329.4 Increase funds for personnel for a Standards Administrator position to reduce caseload for regulatory oversight. State General Funds $78,000 $78,000 $78,000 $78,000 329.100-Nonpublic Postsecondary Education Commission Appropriation (HB 76) 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 $873,071 $873,071 $873,071 $873,071 State General Funds $873,071 $873,071 $873,071 $873,071 TOTAL PUBLIC FUNDS $873,071 $873,071 $873,071 $873,071 TUESDAY, MARCH 31, 2015 3167 Section 45: 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 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $34,768,709 $34,768,709 $34,768,709 $412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $317,000 $317,000 $317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,352,700 $35,352,700 $317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700 $317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700 Local/Floor COLA 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 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 $412,000 330.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($95,000) ($95,000) ($95,000) ($95,000) 330.100 -Local/Floor COLA Appropriation (HB 76) 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 $317,000 $317,000 $317,000 $317,000 State General Funds $317,000 $317,000 $317,000 $317,000 TOTAL PUBLIC FUNDS $317,000 $317,000 $317,000 $317,000 3168 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 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 $0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709 331.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $499,791 $499,791 $499,791 $499,791 331.2 Increase funds for Mid-Career Pre-Retirement campaign. Retirement Payments $10,000 $10,000 $10,000 $10,000 331.3 Reduce funds to reflect completed FY2015 actuary study. Retirement Payments ($60,000) ($60,000) ($60,000) ($60,000) 331.4 Increase funds for contracts ($417,700), information technology ($143,500) and telecommunications ($8,000). Retirement Payments $569,200 $569,200 $569,200 $569,200 331.5 Reduce funds for information technology equipment ($330,000) and training ($10,000). Retirement Payments ($340,000) ($340,000) ($340,000) ($340,000) 331.100-System Administration Appropriation (HB 76) 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. TUESDAY, MARCH 31, 2015 3169 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 $35,035,700 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 14.27% for State Fiscal Year 2016. Section 46: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 $331,854,904 $331,854,904 $331,854,904 $331,854,904 $331,854,904 $331,854,904 $80,482,813 $80,482,813 $80,482,813 $78,261,138 $78,261,138 $78,261,138 $2,221,675 $2,221,675 $2,221,675 $346,781,463 $346,781,463 $346,781,463 $3,393,556 $3,393,556 $3,393,556 $3,393,556 $3,393,556 $3,393,556 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $343,187,907 $343,187,907 $343,187,907 $73,321,471 $73,321,471 $73,321,471 $269,866,436 $269,866,436 $269,866,436 $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 $760,479,180 $760,479,180 $760,479,180 $331,854,904 $331,854,904 $80,482,813 $78,261,138 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $339,816,187 $339,623,145 $339,816,187 $339,623,145 $80,482,813 $80,482,813 $78,261,138 $78,261,138 $339,816,187 $339,816,187 $80,482,813 $78,261,138 $339,934,441 $339,934,441 $80,482,813 $78,261,138 3170 JOURNAL OF THE SENATE FFIND Child Care and Development Block Grant CFDA93.575 $2,221,675 TOTAL AGENCY FUNDS $346,781,463 Intergovernmental Transfers $3,393,556 Intergovernmental Transfers Not Itemized $3,393,556 Rebates, Refunds, and Reimbursements $200,000 Rebates, Refunds, and Reimbursements Not Itemized $200,000 Sales and Services $343,187,907 Sales and Services Not Itemized $73,321,471 Tuition and Fees for Higher Education $269,866,436 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,360,000 State Funds Transfers $1,360,000 Agency to Agency Contracts $1,360,000 TOTAL PUBLIC FUNDS $768,440,463 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,247,421 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,440,463 $2,221,675 $346,781,463 $3,393,556 $3,393,556 $200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $768,558,717 Adult Education 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, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 $14,311,851 $14,311,851 $18,428,331 $18,428,331 $6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058 332.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,537 $4,537 $4,537 $4,537 TUESDAY, MARCH 31, 2015 3171 332.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $54,061 $54,061 $54,061 $54,061 332.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $116,629 $116,629 $116,629 $116,629 332.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $5,365 $5,365 $5,365 $5,365 332.100 -Adult Education Appropriation (HB 76) The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts. TOTAL STATE FUNDS $14,492,443 $14,492,443 $14,492,443 $14,492,443 State General Funds $14,492,443 $14,492,443 $14,492,443 $14,492,443 TOTAL FEDERAL FUNDS $18,428,331 $18,428,331 $18,428,331 $18,428,331 Federal Funds Not Itemized $18,428,331 $18,428,331 $18,428,331 $18,428,331 TOTAL AGENCY FUNDS $6,637,876 $6,637,876 $6,637,876 $6,637,876 Intergovernmental Transfers $3,393,556 $3,393,556 $3,393,556 $3,393,556 Intergovernmental Transfers Not Itemized $3,393,556 $3,393,556 $3,393,556 $3,393,556 Sales and Services $3,244,320 $3,244,320 $3,244,320 $3,244,320 Sales and Services Not Itemized $3,244,320 $3,244,320 $3,244,320 $3,244,320 TOTAL PUBLIC FUNDS $39,558,650 $39,558,650 $39,558,650 $39,558,650 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 AGENCY FUNDS $8,478,091 $8,478,091 $200,000 $8,478,091 $8,478,091 $200,000 $8,478,091 $8,478,091 $200,000 $8,478,091 $8,478,091 $200,000 3172 JOURNAL OF THE SENATE 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 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 $200,000 $200,000 $110,000 $110,000 $110,000 $8,788,091 333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $83,704 $83,704 $83,704 $83,704 333.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $9,357 $9,357 $9,357 $9,357 333.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $68,532 $68,532 $68,532 $68,532 333.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $56,515 $56,515 $56,515 $56,515 333.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $14,470 $14,470 $14,470 $23,393 333.100-Departmental Administration Appropriation (HB 76) The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. TOTAL STATE FUNDS $8,710,669 $8,710,669 $8,710,669 $8,719,592 State General Funds $8,710,669 $8,710,669 $8,710,669 $8,719,592 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 $110,000 TUESDAY, MARCH 31, 2015 3173 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $110,000 $110,000 $9,020,669 $110,000 $110,000 $9,020,669 $110,000 $110,000 $9,020,669 $110,000 $110,000 $9,029,592 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 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 $12,843,082 $12,843,082 $441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241 334.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,040 $47,040 $47,040 $47,040 334.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $25,460 $25,460 $25,460 $25,460 334.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $72,437 $72,437 $72,437 $72,437 334.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $67,766 $67,766 $67,766 $67,766 334.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,747 $2,747 $2,747 $4,441 3174 JOURNAL OF THE SENATE 334.100 -Quick Start and Customized Services Appropriation (HB 76) The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. TOTAL STATE FUNDS $13,058,532 $13,058,532 $13,058,532 $13,060,226 State General Funds $13,058,532 $13,058,532 $13,058,532 $13,060,226 TOTAL FEDERAL FUNDS $441,458 $441,458 $441,458 $441,458 Federal Funds Not Itemized $441,458 $441,458 $441,458 $441,458 TOTAL AGENCY FUNDS $9,789,701 $9,789,701 $9,789,701 $9,789,701 Sales and Services $9,789,701 $9,789,701 $9,789,701 $9,789,701 Sales and Services Not Itemized $9,789,701 $9,789,701 $9,789,701 $9,789,701 TOTAL PUBLIC FUNDS $23,289,691 $23,289,691 $23,289,691 $23,291,385 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 postsecondary education or training to increase their competitiveness in the workplace. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575 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 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 $296,221,880 $296,221,880 $61,613,024 $59,391,349 $2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $689,238,790 335.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,683,719 $1,683,719 $1,683,719 $1,683,719 TUESDAY, MARCH 31, 2015 3175 335.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $1,208,640 $1,208,640 $1,208,640 $1,208,640 335.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $2,840,847 $2,840,847 $2,840,847 $2,840,847 335.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $48,418 $48,418 $48,418 $48,418 335.5 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $336,702 $336,702 $336,702 $544,339 335.6 Increase funds for formula growth to reflect a 2.4% increase in square footage. State General Funds $1,214,337 $1,214,337 $1,214,337 $1,214,337 335.7 Utilize existing funds of $500,000 in savings from the merger of Moultrie Technical College and Southwest Georgia Technical College to fund personnel and operations for the precision manufacturing designation at West Georgia Technical College. (G:YES)(H:YES)(S:YES)(CC:Utilize existing funds of $500,000 in savings from the merger of Moultrie Technical College and Southwest Georgia Technical College to fund personal services and operating expenses for the precision manufacturing designation at West Georgia Technical College and recognize additional savings of $100,000) State General Funds $0 ($193,042) $0 ($100,000) 335.100 -Technical Education Appropriation (HB 76) 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 STATE FUNDS $303,554,543 $303,361,501 $303,554,543 $303,662,180 State General Funds $303,554,543 $303,361,501 $303,554,543 $303,662,180 TOTAL FEDERAL FUNDS $61,613,024 $61,613,024 $61,613,024 $61,613,024 Federal Funds Not Itemized $59,391,349 $59,391,349 $59,391,349 $59,391,349 FFIND Child Care and Development Block Grant CFDA93.575 $2,221,675 $2,221,675 $2,221,675 $2,221,675 3176 JOURNAL OF THE SENATE 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 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $696,571,453 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $696,378,411 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $696,571,453 $330,153,886 $330,153,886 $60,287,450 $269,866,436 $1,250,000 $1,250,000 $1,250,000 $696,679,090 Section 47: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $864,106,198 $864,106,198 $864,106,198 $864,106,198 State General Funds $15,028,477 $15,028,477 $15,028,477 $15,028,477 State Motor Fuel Funds $849,077,721 $849,077,721 $849,077,721 $849,077,721 TOTAL FEDERAL FUNDS $1,593,146,310 $1,593,146,310 $1,593,146,310 $1,593,146,310 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 $66,861,369 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,526,284,941 $1,526,284,941 $1,526,284,941 $1,526,284,941 TOTAL AGENCY FUNDS $89,566,703 $89,566,703 $89,566,703 $89,566,703 Intergovernmental Transfers $681,643 $681,643 $681,643 $681,643 Intergovernmental Transfers Not Itemized $681,643 $681,643 $681,643 $681,643 Sales and Services $88,885,060 $88,885,060 $88,885,060 $88,885,060 Sales and Services Not Itemized $88,885,060 $88,885,060 $88,885,060 $88,885,060 TOTAL PUBLIC FUNDS $2,546,819,211 $2,546,819,211 $2,546,819,211 $2,546,819,211 Section Total - Final TOTAL STATE FUNDS $876,295,966 $891,496,632 $890,537,224 $890,537,224 State General Funds $9,719,452 $24,920,118 $23,960,710 $23,960,710 State Motor Fuel Funds $866,576,514 $866,576,514 $866,576,514 $866,576,514 TOTAL FEDERAL FUNDS $1,593,146,310 $1,593,146,310 $1,593,146,310 $1,593,146,310 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 $66,861,369 Federal Highway Admin.-Planning & Construction CFDA20.205$1,526,284,941 $1,526,284,941 $1,526,284,941 $1,526,284,941 TOTAL AGENCY FUNDS $89,566,703 $93,537,703 $93,537,703 $93,537,703 Reserved Fund Balances $3,971,000 $3,971,000 $3,971,000 TUESDAY, MARCH 31, 2015 3177 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $681,643 $681,643 $88,885,060 $88,885,060 $2,559,008,979 $3,971,000 $681,643 $681,643 $88,885,060 $88,885,060 $2,578,180,645 $3,971,000 $681,643 $681,643 $88,885,060 $88,885,060 $2,577,221,237 $3,971,000 $681,643 $681,643 $88,885,060 $88,885,060 $2,577,221,237 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $213,393,476 $0 $213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605 336.1 Increase funds for the I-285/GA 400 interchange project. State Motor Fuel Funds $5,922,309 $5,922,309 $5,922,309 $5,922,309 336.2 Increase funds for contracts for additional quick response projects. State Motor Fuel Funds $3,923,005 $3,923,005 $3,923,005 $3,923,005 336.100 -Capital Construction Projects Appropriation (HB 76) 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 $223,238,790 $223,238,790 $223,238,790 $223,238,790 State Motor Fuel Funds $223,238,790 $223,238,790 $223,238,790 $223,238,790 TOTAL FEDERAL FUNDS $925,252,699 $925,252,699 $925,252,699 $925,252,699 3178 JOURNAL OF THE SENATE Federal Highway Admin.-Planning & Construction CFDA20.205$925,252,699 $925,252,699 TOTAL AGENCY FUNDS $55,300,430 $55,300,430 Sales and Services $55,300,430 $55,300,430 Sales and Services Not Itemized $55,300,430 $55,300,430 TOTAL PUBLIC FUNDS $1,203,791,919 $1,203,791,919 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,203,791,919 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,203,791,919 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 $60,560,150 $0 $60,560,150 $183,218,385 $183,218,385 $350,574 $350,574 $350,574 $244,129,109 337.1 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service agreements. State Motor Fuel Funds ($19,076,746) ($19,076,746) ($19,076,746) ($19,076,746) 337.100 -Capital Maintenance Projects Appropriation (HB 76) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $41,483,404 $41,483,404 $41,483,404 $41,483,404 State Motor Fuel Funds $41,483,404 $41,483,404 $41,483,404 $41,483,404 TOTAL FEDERAL FUNDS $183,218,385 $183,218,385 $183,218,385 $183,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205$183,218,385 $183,218,385 $183,218,385 $183,218,385 TOTAL AGENCY FUNDS $350,574 $350,574 $350,574 $350,574 Sales and Services $350,574 $350,574 $350,574 $350,574 Sales and Services Not Itemized $350,574 $350,574 $350,574 $350,574 TOTAL PUBLIC FUNDS $225,052,363 $225,052,363 $225,052,363 $225,052,363 TUESDAY, MARCH 31, 2015 3179 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 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 $81,565,819 $0 $81,565,819 $68,642,990 $68,642,990 $963,619 $963,619 $963,619 $151,172,428 338.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $558,335 $558,335 $558,335 $558,335 338.2 Recognize prior-year motor fuel funds. (S:Utilize existing funds ($721,000) for a pedestrian bridge across Georgia State Highway 21 to provide access to the new Port Wentworth K-8 school)(CC:Recognize prior-year motor fuel funds) Reserved Fund Balances Not Itemized $3,500,000 $3,500,000 $3,500,000 338.100-Construction Administration Appropriation (HB 76) 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 $82,124,154 $82,124,154 $82,124,154 $82,124,154 State Motor Fuel Funds $82,124,154 $82,124,154 $82,124,154 $82,124,154 TOTAL FEDERAL FUNDS $68,642,990 $68,642,990 $68,642,990 $68,642,990 Federal Highway Admin.-Planning & Construction CFDA20.205 $68,642,990 $68,642,990 $68,642,990 $68,642,990 TOTAL AGENCY FUNDS $963,619 $4,463,619 $4,463,619 $4,463,619 Reserved Fund Balances $3,500,000 $3,500,000 $3,500,000 Reserved Fund Balances Not Itemized $3,500,000 $3,500,000 $3,500,000 3180 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $963,619 $963,619 $151,730,763 $963,619 $963,619 $155,230,763 $963,619 $963,619 $155,230,763 $963,619 $963,619 $155,230,763 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 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 $2,815,060 $0 $2,815,060 $10,270,257 $10,270,257 $62,257 $62,257 $62,257 $13,147,574 339.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $10,286 $10,286 $10,286 $10,286 339.2 Recognize prior-year motor fuel funds. Reserved Fund Balances Not Itemized $233,000 $233,000 $233,000 339.100-Data Collection, Compliance and Reporting Appropriation (HB 76) 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 $2,825,346 $2,825,346 $2,825,346 $2,825,346 State Motor Fuel Funds $2,825,346 $2,825,346 $2,825,346 $2,825,346 TOTAL FEDERAL FUNDS $10,270,257 $10,270,257 $10,270,257 $10,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,270,257 $10,270,257 $10,270,257 $10,270,257 TOTAL AGENCY FUNDS $62,257 $295,257 $295,257 $295,257 Reserved Fund Balances $233,000 $233,000 $233,000 TUESDAY, MARCH 31, 2015 3181 Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $62,257 $62,257 $13,157,860 $233,000 $62,257 $62,257 $13,390,860 $233,000 $62,257 $62,257 $13,390,860 $233,000 $62,257 $62,257 $13,390,860 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 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 $55,480,776 $0 $55,480,776 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $67,219,569 340.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $279,752 $279,752 $279,752 $279,752 340.2 Recognize prior-year motor fuel funds. Reserved Fund Balances Not Itemized $238,000 $238,000 $238,000 340.3 Utilize existing funds for personnel for one position to assist emerging minority contractors. (S:YES)(CC:NO) State Motor Fuel Funds $0 $0 340.100-Departmental Administration Appropriation (HB 76) 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. 3182 JOURNAL OF THE SENATE TOTAL STATE FUNDS $55,760,528 State Motor Fuel Funds $55,760,528 TOTAL FEDERAL FUNDS $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 TOTAL AGENCY FUNDS $898,970 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services $898,970 Sales and Services Not Itemized $898,970 TOTAL PUBLIC FUNDS $67,499,321 $55,760,528 $55,760,528 $10,839,823 $10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970 $67,737,321 $55,760,528 $55,760,528 $10,839,823 $10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970 $67,737,321 $55,760,528 $55,760,528 $10,839,823 $10,839,823 $1,136,970 $238,000 $238,000 $898,970 $898,970 $67,737,321 Intermodal Continuation Budget 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 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 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 $15,028,477 $15,028,477 $66,861,369 $66,861,369 $782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078 341.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,012 $45,012 $45,012 $45,012 341.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $11,940 $11,940 $11,940 $11,940 TUESDAY, MARCH 31, 2015 3183 341.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds ($14,258) ($14,258) ($14,258) ($14,258) 341.4 Reduce funds for Airport Aid grants and benefits to match anticipated federal funds. (H and S:NO; Increase funds for airport aid grants) State General Funds ($5,351,719) $250,000 $1,250,000 $1,250,000 341.5 It is the intent of the General Assembly that funds appropriated to any public transit system, including capital outlay, shall meet the requirements of 49 USC s. 5323 (r), which allows reasonable access to public transportation facilities by private sector transportation operators to such facilities including intermodal facilities, bus-only highway lanes, and park and ride lots so constructed with bond funds. To encourage furtherance of such public-private partnerships in transit throughout Georgia, the requirements of said section shall be met regardless of federal fund participation in any project funded through use of bond funds provided herein. (S:YES)(CC:NO) State General Funds $0 $0 341.100 -Intermodal Appropriation (HB 76) 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 $9,719,452 $15,321,171 $16,321,171 $16,321,171 State General Funds $9,719,452 $15,321,171 $16,321,171 $16,321,171 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 $782,232 $782,232 $782,232 $782,232 Intergovernmental Transfers $681,643 $681,643 $681,643 $681,643 Intergovernmental Transfers Not Itemized $681,643 $681,643 $681,643 $681,643 Sales and Services $100,589 $100,589 $100,589 $100,589 Sales and Services Not Itemized $100,589 $100,589 $100,589 $100,589 TOTAL PUBLIC FUNDS $77,363,053 $82,964,772 $83,964,772 $83,964,772 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. 3184 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 $122,470,000 $0 $122,470,000 $122,470,000 342.1 Transfer funds from the Routine Maintenance program to the Local Maintenance and Improvement Grants program. State Motor Fuel Funds $2,000,000 342.100 -Local Maintenance and Improvement Grants Appropriation (HB 76) 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 $122,470,000 $122,470,000 $122,470,000 $124,470,000 State Motor Fuel Funds $122,470,000 $122,470,000 $122,470,000 $124,470,000 TOTAL PUBLIC FUNDS $122,470,000 $122,470,000 $122,470,000 $124,470,000 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $0 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 343.100 -Local Road Assistance Administration Appropriation (HB 76) 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 $4,346,461 $4,346,461 $4,346,461 $4,346,461 TUESDAY, MARCH 31, 2015 3185 State Motor Fuel Funds $4,346,461 TOTAL FEDERAL FUNDS $91,655,917 Federal Highway Admin.-Planning & Construction CFDA20.205 $91,655,917 TOTAL AGENCY FUNDS $595,233 Sales and Services $595,233 Sales and Services Not Itemized $595,233 TOTAL PUBLIC FUNDS $96,597,611 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 $4,346,461 $91,655,917 $91,655,917 $595,233 $595,233 $595,233 $96,597,611 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 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 $2,263,226 $0 $2,263,226 $14,683,804 $14,683,804 $16,947,030 344.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $7,152 $7,152 $7,152 $7,152 344.100 -Planning Appropriation (HB 76) 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 $2,270,378 $2,270,378 $2,270,378 $2,270,378 State Motor Fuel Funds $2,270,378 $2,270,378 $2,270,378 $2,270,378 TOTAL FEDERAL FUNDS $14,683,804 $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 $14,683,804 TOTAL PUBLIC FUNDS $16,954,182 $16,954,182 $16,954,182 $16,954,182 3186 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 $194,580,109 $0 $194,580,109 $25,086,452 $25,086,452 $5,078,904 $5,078,904 $5,078,904 $224,745,465 345.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $734,872 $734,872 $734,872 $734,872 345.2 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service agreements. State Motor Fuel Funds $19,076,746 $19,076,746 $19,076,746 $19,076,746 345.3 Increase funds for additional service agreements. State Motor Fuel Funds $3,947,712 $3,947,712 $3,947,712 $3,947,712 345.4 Transfer funds from the Routine Maintenance program to the Local Maintenance and Improvement Grants program. State Motor Fuel Funds ($2,000,000) 345.100 -Routine Maintenance Appropriation (HB 76) 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, TUESDAY, MARCH 31, 2015 3187 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 $218,339,439 $218,339,439 $218,339,439 $216,339,439 State Motor Fuel Funds $218,339,439 $218,339,439 $218,339,439 $216,339,439 TOTAL FEDERAL FUNDS $25,086,452 $25,086,452 $25,086,452 $25,086,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $25,086,452 $25,086,452 $25,086,452 $25,086,452 TOTAL AGENCY FUNDS $5,078,904 $5,078,904 $5,078,904 $5,078,904 Sales and Services $5,078,904 $5,078,904 $5,078,904 $5,078,904 Sales and Services Not Itemized $5,078,904 $5,078,904 $5,078,904 $5,078,904 TOTAL PUBLIC FUNDS $248,504,795 $248,504,795 $248,504,795 $246,504,795 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 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 $19,756,231 $0 $19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257 346.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State Motor Fuel Funds $115,370 $115,370 $115,370 $115,370 346.2 Increase funds for traffic management and control projects to match federal funds. State Motor Fuel Funds $2,000,000 $2,000,000 $2,000,000 $2,000,000 3188 JOURNAL OF THE SENATE 346.100 -Traffic Management and Control Appropriation (HB 76) 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 $21,871,601 $21,871,601 $21,871,601 $21,871,601 State Motor Fuel Funds $21,871,601 $21,871,601 $21,871,601 $21,871,601 TOTAL FEDERAL FUNDS $46,110,542 $46,110,542 $46,110,542 $46,110,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $46,110,542 $46,110,542 $46,110,542 $46,110,542 TOTAL AGENCY FUNDS $25,534,484 $25,534,484 $25,534,484 $25,534,484 Sales and Services $25,534,484 $25,534,484 $25,534,484 $25,534,484 Sales and Services Not Itemized $25,534,484 $25,534,484 $25,534,484 $25,534,484 TOTAL PUBLIC FUNDS $93,516,627 $93,516,627 $93,516,627 $93,516,627 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 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 $91,846,413 $0 $91,846,413 $150,524,072 $150,524,072 $242,370,485 347.1 Utilize existing funds of $7,639,539 in the Georgia Transportation Infrastructure Bank program for debt service. (G:YES)(H and S:NO; Provide new funds of $7,639,539 for the Georgia Transportation Infrastructure Bank program for debt service) State General Funds State Motor Fuel Funds Total Public Funds: $7,639,539 $7,639,539 $7,639,539 $0 $0 $0 $0 $0 $7,639,539 $7,639,539 $7,639,539 347.2 Utilize existing funds of $1,959,408 for debt service. (G:YES)(H:NO; Provide new funds of $1,959,408 for debt service)(S:YES)(CC:YES) TUESDAY, MARCH 31, 2015 3189 State General Funds State Motor Fuel Funds Total Public Funds: $1,959,408 $0 $0 $0 $0 $0 $0 $0 $1,959,408 $0 $0 347.3 The General Assembly finds that at least 25 percent of the Georgia Transportation Infrastructure Bank funds should be utilized by qualified applicants of Tier 1 and Tier 2 counties. If there are not enough qualified applications from Tier 1 and Tier 2 counties, the remainder of the 25 percent may be awarded to other qualified applicants. (H:YES)(S:YES) State Motor Fuel Funds $0 $0 $0 347.99 CC: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. Senate: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. House: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. Governor: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. State Motor Fuel Funds $0 $0 $0 $0 347.100-Payments to the State Road and Tollway Authority Appropriation (HB 76) The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations. TOTAL STATE FUNDS $91,846,413 $101,445,360 $99,485,952 $99,485,952 State General Funds $0 $9,598,947 $7,639,539 $7,639,539 State Motor Fuel Funds $91,846,413 $91,846,413 $91,846,413 $91,846,413 TOTAL FEDERAL FUNDS $150,524,072 $150,524,072 $150,524,072 $150,524,072 Federal Highway Admin.-Planning & Construction CFDA20.205$150,524,072 $150,524,072 $150,524,072 $150,524,072 TOTAL PUBLIC FUNDS $242,370,485 $251,969,432 $250,010,024 $250,010,024 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 3190 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,501,201 $20,501,201 $20,501,201 $20,501,201 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $16,264,569 $16,264,569 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $4,416,369 $41,182,139 $41,182,139 $41,182,139 $20,501,201 $20,501,201 $16,264,569 $16,264,569 $4,416,369 $4,416,369 $4,416,369 $41,182,139 TOTAL 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 $20,809,518 $20,809,518 $20,809,518 $20,809,518 $15,921,280 $16,158,743 $15,921,280 $16,158,743 $4,339,080 $4,392,543 $4,339,080 $4,392,543 $4,339,080 $4,392,543 $41,069,878 $41,360,804 $20,809,518 $20,809,518 $16,105,830 $16,105,830 $4,380,630 $4,380,630 $4,380,630 $41,295,978 $20,812,317 $20,812,317 $16,105,830 $16,105,830 $4,380,630 $4,380,630 $4,380,630 $41,298,777 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. TUESDAY, MARCH 31, 2015 3191 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 $1,758,956 348.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $21,334 $21,334 $21,334 $1,758,956 $1,758,956 $1,758,956 $21,334 348.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $9,379 $9,379 $9,379 $9,379 348.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $6,114 $6,114 $6,114 $6,114 348.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,822 $2,822 $2,822 $5,621 348.100 -Administration Appropriation (HB 76) 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 $1,798,605 $1,798,605 $1,798,605 $1,801,404 State General Funds $1,798,605 $1,798,605 $1,798,605 $1,801,404 TOTAL PUBLIC FUNDS $1,798,605 $1,798,605 $1,798,605 $1,801,404 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 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 $554,697 $554,697 $178,004 $178,004 $732,701 3192 JOURNAL OF THE SENATE 349.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,769 $11,769 $11,769 $11,769 349.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $5,796 $5,796 $5,796 $5,796 349.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $824 $824 $824 $824 349.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for two positions. (S and CC:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for three positions) State General Funds $82,000 $82,000 $123,000 $123,000 349.5 Reduce funds for one-time pre-design expenses for cemetery expansion. State General Funds ($35,000) ($35,000) ($35,000) ($35,000) 349.6 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion. (H and S:NO; Funding provided in the Amended FY2015 budget (HB75, 2015 Session)) State General Funds $184,000 $0 $0 $0 349.100-Georgia Veterans Memorial Cemetery Appropriation (HB 76) 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 $804,086 $620,086 $661,086 $661,086 State General Funds $804,086 $620,086 $661,086 $661,086 TOTAL FEDERAL FUNDS $178,004 $178,004 $178,004 $178,004 Federal Funds Not Itemized $178,004 $178,004 $178,004 $178,004 TOTAL PUBLIC FUNDS $982,090 $798,090 $839,090 $839,090 TUESDAY, MARCH 31, 2015 3193 Georgia War Veterans Nursing Homes 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 $11,929,755 $11,929,755 $13,459,125 $13,459,125 $2,416,369 $2,416,369 $2,416,369 $27,805,249 350.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%. State General Funds $50,426 $50,426 $50,426 $50,426 350.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $49,231 $49,231 $49,231 $49,231 350.3 Increase funds for the employer share of health insurance ($13,320) and retiree health benefits ($31,620). State General Funds $44,940 $44,940 $44,940 $44,940 350.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for two positions. (S and CC:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for three positions) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($82,000) ($105,826) ($23,826) ($211,652) ($82,000) ($105,826) ($23,826) ($211,652) ($123,000) ($158,739) ($35,739) ($317,478) ($123,000) ($158,739) ($35,739) ($317,478) 350.5 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for one-time design expenses for cemetery expansion. (H and S:NO; Utilize existing funds to increase daily census) State General Funds ($184,000) $0 $0 $0 3194 JOURNAL OF THE SENATE Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($237,463) $0 $0 $0 ($53,463) $0 $0 $0 ($474,926) $0 $0 $0 350.100-Georgia War Veterans Nursing Homes Appropriation (HB 76) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,808,352 $11,992,352 $11,951,352 $11,951,352 State General Funds $11,808,352 $11,992,352 $11,951,352 $11,951,352 TOTAL FEDERAL FUNDS $13,115,836 $13,353,299 $13,300,386 $13,300,386 Federal Funds Not Itemized $13,115,836 $13,353,299 $13,300,386 $13,300,386 TOTAL AGENCY FUNDS $2,339,080 $2,392,543 $2,380,630 $2,380,630 Sales and Services $2,339,080 $2,392,543 $2,380,630 $2,380,630 Sales and Services Not Itemized $2,339,080 $2,392,543 $2,380,630 $2,380,630 TOTAL PUBLIC FUNDS $27,263,268 $27,738,194 $27,632,368 $27,632,368 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 351.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $91,019 $91,019 $91,019 $6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233 $91,019 351.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $40,876 $40,876 $40,876 $40,876 TUESDAY, MARCH 31, 2015 3195 351.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $8,787 $8,787 $8,787 $8,787 351.100 -Veterans Benefits Appropriation (HB 76) 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 $6,398,475 $6,398,475 $6,398,475 $6,398,475 State General Funds $6,398,475 $6,398,475 $6,398,475 $6,398,475 TOTAL FEDERAL FUNDS $2,627,440 $2,627,440 $2,627,440 $2,627,440 Federal Funds Not Itemized $2,627,440 $2,627,440 $2,627,440 $2,627,440 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $11,025,915 $11,025,915 $11,025,915 $11,025,915 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 $22,529,716 $22,529,716 $22,529,716 $22,529,716 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $23,053,548 $23,053,548 $23,053,548 $22,529,716 $22,529,716 $523,832 $523,832 $523,832 $23,053,548 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $22,297,742 $22,297,742 $22,297,742 $22,297,742 $373,832 $373,832 $373,832 $373,832 $373,832 $373,832 $22,671,574 $22,671,574 $22,297,742 $22,297,742 $373,832 $373,832 $373,832 $22,671,574 $22,318,356 $22,318,356 $373,832 $373,832 $373,832 $22,692,188 3196 JOURNAL OF THE SENATE 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 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 $11,985,822 $11,985,822 $458,353 $458,353 $458,353 $12,444,175 352.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $189,858 $189,858 $189,858 $189,858 352.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $91,333 $91,333 $91,333 $91,333 352.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $7,162 $7,162 $7,162 $7,162 352.4 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to properly align budget with program expenditures. State General Funds $150,000 $150,000 $150,000 $150,000 352.5 Reduce funds for sales and services to reflect other funds received. Sales and Services Not Itemized ($150,000) ($150,000) ($150,000) ($150,000) 352.6 Increase funds to reflect HB279 (2015 Session), 5% salary enhancement for Judges' salaries. State General Funds $18,275 TUESDAY, MARCH 31, 2015 3197 352.100 -Administer the Workers' Compensation Laws Appropriation (HB 76) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $12,424,175 $12,424,175 $12,424,175 $12,442,450 State General Funds $12,424,175 $12,424,175 $12,424,175 $12,442,450 TOTAL AGENCY FUNDS $308,353 $308,353 $308,353 $308,353 Sales and Services $308,353 $308,353 $308,353 $308,353 Sales and Services Not Itemized $308,353 $308,353 $308,353 $308,353 TOTAL PUBLIC FUNDS $12,732,528 $12,732,528 $12,732,528 $12,750,803 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 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 $10,543,894 $10,543,894 $65,479 $65,479 $65,479 $10,609,373 353.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,809 $33,809 $33,809 $33,809 353.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. State General Funds $17,510 $17,510 $17,510 $17,510 353.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. State General Funds $1,072 $1,072 $1,072 $1,072 353.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds $2,709 $2,709 $2,709 $5,048 3198 JOURNAL OF THE SENATE 353.5 Reduce funds for the payment to the Office of the State Treasurer from $4,728,320 to $4,152,893. State General Funds ($575,427) ($575,427) ($575,427) ($575,427) 353.6 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to properly align budget with program expenditures. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 353.100 -Board Administration Appropriation (HB 76) 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 $9,873,567 $9,873,567 $9,873,567 $9,875,906 State General Funds $9,873,567 $9,873,567 $9,873,567 $9,875,906 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 $9,939,046 $9,939,046 $9,939,046 $9,941,385 Section 50: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS $1,116,960,788 $1,116,960,788 $1,116,960,788 $1,116,960,788 State General Funds $960,280,975 $960,280,975 $960,280,975 $960,280,975 State Motor Fuel Funds $156,679,813 $156,679,813 $156,679,813 $156,679,813 TOTAL FEDERAL FUNDS $18,260,833 $18,260,833 $18,260,833 $18,260,833 Federal Funds Not Itemized $18,260,833 $18,260,833 $18,260,833 $18,260,833 TOTAL PUBLIC FUNDS $1,135,221,621 $1,135,221,621 $1,135,221,621 $1,135,221,621 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,189,909,310 $1,205,323,193 $1,053,132,033 $1,068,545,916 $136,777,277 $136,777,277 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,208,170,143 $1,223,584,026 $1,209,882,016 $1,073,104,739 $136,777,277 $18,260,833 $18,260,833 $1,228,142,849 $1,215,517,701 $1,078,740,424 $136,777,277 $18,260,833 $18,260,833 $1,233,778,534 TUESDAY, MARCH 31, 2015 3199 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 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 $1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833 $1,036,463,536 354.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds Total Public Funds: $96,832,485 $1,925,600 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $96,832,485 $1,925,600 $98,758,085 354.2 Reduce funds for debt service to reflect projected need. State Motor Fuel Funds ($19,902,536) ($19,902,536) ($19,902,536) ($19,902,536) 354.3 Redirect $1,000,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB78, Bond 379.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 354.4 Redirect $1,199,842 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $1,190,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 $0 354.5 Redirect $1,463,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB78, Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. 3200 JOURNAL OF THE SENATE (G:YES)(H and S:YES; Redirect $1,260,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program Regular Advance (HB78, Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 $0 354.6 Redirect $2,148,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond 362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $2,145,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond 362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 $0 354.7 Redirect $202,527 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB742, Bond #3) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 $0 354.8 Redirect $350,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Low Wealth (HB106, Bond 362.303) to be used for the FY2016 Capital Outlay Program - Low-Wealth for local school construction, statewide. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 354.9 Redirect $7,536,631 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect $4,320,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 $0 TUESDAY, MARCH 31, 2015 3201 354.10 Redirect $3,635,000 in 20-year issued bonds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (H:YES)(S:YES)(CC:Redirect $3,635,000 in 20-year unspent bond proceeds from FY2013 for the State Board of Education for the purpose of financing educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide) State General Funds $0 $0 $0 354.11 Redirect $7,925,000 in 20-year unspent bond proceeds from FY2013 (HB742, Bond #79) for the Georgia Building Authority for purchase, plan and design of Reserve Command building, Fort McPherson, Atlanta, Fulton County to be used for the demolition of the Archives building for site of new Judicial Center, Atlanta, Fulton County and $6,909,305 to be used for facility improvements and renovations statewide. (S:YES)(CC:NO) State General Funds $0 $0 354.12 Repeal the authorization of $4,000,000 in unissued 20-year bonds from FY2013 (HB742, Bond #24, revised in HB743) to retrofit the Forces Command building at Fort McPherson for state use for the Georgia Building Authority for purchase, plan and design. (S:YES)(CC:NO) State General Funds ($342,400) $0 354.13 Repeal the authorization of $260,000 in unissued 5-year bonds from FY2013 (HB742, Bond #42) for equipment for the classroom building, Southern Crescent Technical College, McDonough, Henry County. (S:YES)(CC:YES) State General Funds ($60,060) ($60,060) 354.14 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #25) for Infrastructure Expansion, Augusta State University, Augusta, Richmond County. (S:YES)(CC:YES) State General Funds ($43,600) ($43,600) 354.15 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #97) for water and sewer rehabilitation on Department of Transportation owned land at the state Visitor Information Center on I-95. (S:YES)(CC:YES) State General Funds ($43,600) ($43,600) 3202 JOURNAL OF THE SENATE 354.16 Repeal the authorization of $5,000,000 in unissued 5-year bonds from FY2012 (HB78, Bond 379.511) in Department of Community Health to implement a new eligibility system. (S:YES)(CC:NO) State General Funds ($1,155,000) $0 354.17 Repeal the authorization of $1,500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #96) in Department of Transportation for the Atlanta-Chattanooga High Speed Ground Project. (S:YES)(CC:YES) State General Funds ($130,800) ($130,800) 354.100 -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 State Motor Fuel Funds TOTAL PUBLIC FUNDS Total Debt Service 5 year at 5.07% State General Funds 10 year at 5.52% State General Funds 20 year at 5.77% State General Funds $1,097,058,252 $960,280,975 $136,777,277 $18,260,833 $18,260,833 $1,115,319,085 $1,097,058,252 $960,280,975 $136,777,277 $18,260,833 $18,260,833 $1,115,319,085 Appropriation (HB 76) $1,095,282,792 $1,096,780,192 $958,505,515 $960,002,915 $136,777,277 $136,777,277 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,113,543,625 $1,115,041,025 Continuation Budget $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $98,758,085 $96,832,485 $1,925,600 $98,758,085 $23,547,264 $25,560,444 $27,696,266 $29,509,285 $3,187,200 $3,187,200 $3,187,200 $13,147,200 $41,857,544 $62,521,384 $66,260,820 $57,304,492 TUESDAY, MARCH 31, 2015 3203 20 year at 6.5% State General Funds $16,820,700 $16,811,620 $17,454,938 $18,776,532 Total Amount State General Funds State Motor Fuel Funds $85,412,708 $108,080,648 $114,599,224 $118,737,509 Total Principal Amount 5 year at 5.07% State General Funds $101,760,000 $110,460,000 $119,690,000 $127,525,000 10 year at 5.52% State General Funds $24,000,000 $24,000,000 $24,000,000 $99,000,000 20 year at 5.77% State General Funds $488,990,000 $730,390,000 $774,075,000 $669,445,000 20 year at 6.5% State General Funds $185,250,000 $185,150,000 $192,235,000 $206,790,000 Total Amount State General Funds State Motor Fuel Funds $800,000,000 $1,050,000,000 $1,110,000,000 $1,102,760,000 355.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds Total Public Funds: ($96,832,485) ($1,925,600) ($98,758,085) ($96,832,485) ($1,925,600) ($98,758,085) ($96,832,485) ($1,925,600) ($98,758,085) ($96,832,485) ($1,925,600) ($98,758,085) 355.2 Increase funds for debt service. State General Funds $7,438,350 $184,293 $0 $0 3204 JOURNAL OF THE SENATE 355.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,438,350 $7,438,350 $7,438,350 $184,293 $184,293 $184,293 Appropriation (HB 76) $0 $0 $0 $0 $0 $0 Education, Department of 355.101 BOND: K - 12 Schools: $188,790,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Regular for local school construction statewide. From State General Funds, $16,160,424 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 $188,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $16,160,424 $16,160,424 $16,160,424 $16,160,424 Education, Department of 355.102 BOND: K - 12 Schools: $31,500,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Low-Wealth for local school construction statewide. From State General Funds, $2,696,400 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $31,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,696,400 $2,696,400 $2,696,400 $2,696,400 Education, Department of 355.103 BOND: K - 12 Schools: $5,945,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Additional Project Specific Low- Wealth for local school construction. From State General Funds, $508,892 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $5,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $508,892 $508,892 $508,892 $508,892 Education, Department of 355.104 BOND: K - 12 Schools: $20,000,000 in principal for 10 years at 5.52%: Purchase 259 school buses, local school districts, statewide. From State General Funds, $2,656,000 is specifically appropriated for the purpose of financing educational TUESDAY, MARCH 31, 2015 3205 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 one hundred and twenty months. State General Funds $2,656,000 $2,656,000 $2,656,000 $2,656,000 Education, Department of 355.105 BOND: K - 12 Schools: $3,000,000 in principal for 5 years at 5.07%: Fund vocational equipment statewide. From State General Funds, $694,200 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $694,200 $694,200 $694,200 $694,200 Education, Department of 355.106 BOND: State Schools: $800,000 in principal for 20 years at 5.77%: Fund facility improvements and repairs at State Schools, multiple locations. From State General Funds, $68,480 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 $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. State General Funds $68,480 $68,480 $68,480 $68,480 Education, Department of 355.107 BOND: DOE Locations Statewide: $9,500,000 in principal for 20 years at 6.5%: Fund building construction at the FFA/FCCLA Center, Covington, Newton County. [Taxable Bond] From State General Funds, $862,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $862,600 $862,600 $862,600 $862,600 3206 JOURNAL OF THE SENATE Education, Department of 355.108 BOND: DOE Locations Statewide: $12,000,000 in principal for 20 years at 5.77%: Fund facility major repairs, improvements, renovations, and equipment at Georgia Network for Educational and Therapeutic Support (GNETS) program facilities statewide. From State General Funds, $1,027,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,027,200 $1,027,200 $1,027,200 $1,027,200 University System of Georgia, Board of Regents 355.201 BOND: Regents: $60,000,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $5,136,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $5,136,000 $5,136,000 $5,136,000 $5,136,000 University System of Georgia, Board of Regents 355.202 BOND: University of Georgia: $3,300,000 in principal for 5 years at 5.07%: Purchase equipment for the new Science Learning Center, University of Georgia, Athens, Clarke County. [Taxable Bond] From State General Funds, $763,620 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months. State General Funds $763,620 $763,620 $763,620 $763,620 TUESDAY, MARCH 31, 2015 3207 University System of Georgia, Board of Regents 355.203 BOND: Columbus State University: $11,870,000 in principal for 20 years at 5.77%: Fund construction of an addition and renovation, and equipment, Schwob Library, Columbus State University, Columbus, Muscogee County. (H and S:Fund construction of Academic Core renovations and additions, Columbus State University, Columbus, Muscogee County)(CC:Fund construction of Academic Core renovations and additions, Columbus State University, Columbus, Muscogee County) From State General Funds, $1,016,072 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $542,704 $1,016,072 $1,489,440 $1,016,072 University System of Georgia, Board of Regents 355.204 BOND: Georgia College and State University: $9,100,000 in principal for 20 years at 5.77%: Fund construction of the historic Beeson Hall renovation, Georgia College & State University, Milledgeville, Baldwin County. From State General Funds, $778,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $778,960 $778,960 $778,960 $778,960 University System of Georgia, Board of Regents 355.205 BOND: Savannah State University: $16,000,000 in principal for 20 years at 6.5%: Fund construction of the new science and technology facility, Savannah State University, Savannah, Chatham County. [Taxable Bond] From State General Funds, $1,452,800 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 $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. State General Funds $1,452,800 $1,452,800 $1,452,800 $1,452,800 3208 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.206 BOND: University of Georgia: $43,135,000 in principal for 20 years at 6.5%: Fund design and construction of the Business Learning Community - Phase II, University of Georgia, Athens, Clarke County. [Taxable Bond] From State General Funds, $3,916,658 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $43,135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $3,916,658 $3,916,658 $3,916,658 $3,916,658 University System of Georgia, Board of Regents 355.207 BOND: University of Georgia: $17,000,000 in principal for 20 years at 6.5%: Fund design, construction, and equipment for the Center for Molecular Medicine, University of Georgia, Athens, Clarke County. [Taxable Bond] From State General Funds, $1,543,600 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 $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,543,600 $1,543,600 $1,543,600 $1,543,600 University System of Georgia, Board of Regents 355.208 BOND: Clayton State University: $1,400,000 in principal for 5 years at 5.07%: Fund design of academic core renovations, Clayton State University, Morrow, Clayton County. From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $323,960 $323,960 $323,960 $323,960 TUESDAY, MARCH 31, 2015 3209 University System of Georgia, Board of Regents 355.209 BOND: Georgia Perimeter College: $500,000 in principal for 5 years at 5.07%: Fund design of facility expansion for instructional labs and student learning, Georgia Perimeter College, Alpharetta, Fulton County. From State General Funds, $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 $115,700 University System of Georgia, Board of Regents 355.210 BOND: University of West Georgia: $1,900,000 in principal for 5 years at 5.07%: Fund design of the renovation and expansion of the Biology Building, University of West Georgia, Carrollton, Carroll County. From State General Funds, $439,660 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $439,660 $439,660 $439,660 $439,660 University System of Georgia, Board of Regents 355.211 BOND: Middle Georgia State University: $1,500,000 in principal for 20 years at 5.77%: Fund construction of a truck driving pad at the Military Academic and Training Center, Middle Georgia State University, Warner Robins, Houston County. From State General Funds, $128,400 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 $128,400 3210 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.212 BOND: Georgia Southern University: $33,600,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for the new Interdisciplinary Academic Building, Georgia Southern University, Statesboro, Bulloch County. From State General Funds, $2,876,160 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $33,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,876,160 $2,876,160 $2,876,160 $2,876,160 University System of Georgia, Board of Regents 355.213 BOND: Regents: $4,000,000 in principal for 5 years at 5.07%: Purchase equipment for the Georgia Film Academy, multiple locations. [Taxable Bond] From State General Funds, $925,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $925,600 $925,600 $925,600 $925,600 University System of Georgia, Board of Regents 355.214 BOND: Georgia Public Library System: $1,500,000 in principal for 20 years at 5.77%: Fund construction of the new Villa Rica Public Library, Georgia Public Library System, Villa Rica, Carroll County. From State General Funds, $128,400 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 $128,400 TUESDAY, MARCH 31, 2015 3211 University System of Georgia, Board of Regents 355.215 BOND: Georgia Public Telecommunications Commission: $350,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment, Georgia Public Telecommunications Commission, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $80,990 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months. State General Funds $80,990 $80,990 $80,990 $80,990 University System of Georgia, Board of Regents 355.216 BOND: Georgia Public Telecommunications Commission: $270,000 in principal for 5 years at 5.07%: Fund replacement of transmitter site monitoring and remote control system, Georgia Public Telecommunications Commission, multiple locations. [Taxable Bond] From State General Funds, $62,478 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $62,478 $62,478 $62,478 $62,478 University System of Georgia, Board of Regents 355.217 BOND: Georgia Research Alliance: $10,810,000 in principal for 5 years at 5.07%: Purchase equipment and fund GRA R&D infrastructure, Georgia Research Alliance, multiple locations. [Taxable Bond] From State General Funds, $2,501,434 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,661,100 $2,661,100 $2,661,100 $2,501,434 3212 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.218 BOND: Roosevelt Warm Springs Institute: $20,900,000 in principal for 20 years at 6.5%: Fund GRU/GRHealth related facility improvements, Roosevelt Warm Springs Institute, Warm Springs, Meriwether County. [Taxable Bond] From State General Funds, $1,897,720 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 $20,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,897,720 $1,897,720 $1,593,540 $1,897,720 University System of Georgia, Board of Regents 355.219 BOND: Georgia Gwinnett College: $11,500,000 in principal for 20 years at 5.77%: Fund construction of Academic Building, Georgia Gwinnett College, Lawrenceville, Gwinnett County. From State General Funds, $984,400 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 $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. State General Funds $492,200 $984,400 $984,400 University System of Georgia, Board of Regents 355.220 BOND: Armstrong State University: $1,800,000 in principal for 5 years at 5.07%: Fund planning and design of Health Profession Academic Center, Armstrong State University, Savannah, Chatham County. From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $208,260 $416,520 $416,520 TUESDAY, MARCH 31, 2015 3213 University System of Georgia, Board of Regents 355.221 BOND: Atlanta Metropolitan State College: $700,000 in principal for 5 years at 5.07%: Fund planning and design of Student Services and Success Center, Atlanta Metropolitan State College, Atlanta, Fulton County. From State General Funds, $161,980 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $161,980 $161,980 $161,980 University System of Georgia, Board of Regents 355.222 BOND: University of North Georgia: $3,500,000 in principal for 5 years at 5.07%: Fund planning and design of Convocation Center - Dahlonega, University of North Georgia, Dahlonega, Lumpkin County. From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $404,950 $809,900 $809,900 University System of Georgia, Board of Regents 355.223 BOND: University of Georgia: $5,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment of Animal and Dairy Science Building restoration - Tifton Campus, University of Georgia, Tifton, Tift County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $214,000 $428,000 $428,000 3214 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.224 BOND: Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.77%: Fund modernization and expansion of Holland Plant Chilled Water System, Georgia Institute of Technology, Atlanta, Fulton County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $353,956 $428,000 $428,000 University System of Georgia, Board of Regents 355.225 BOND: Georgia State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for the Classroom South Addition Phase II, Georgia State University, Atlanta, Fulton County. From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $419,440 $419,440 $419,440 University System of Georgia, Board of Regents 355.226 BOND: Albany State University: $19,800,000 in principal for 20 years at 5.77%: Fund construction for the Fine Arts Center, Albany State University, Albany, Dougherty County. From State General Funds, $1,694,880 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 $19,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,694,880 $1,694,880 $1,694,880 TUESDAY, MARCH 31, 2015 3215 University System of Georgia, Board of Regents 355.227 BOND: Kennesaw State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for English Building Renovation and Addition, Kennesaw State University, Kennesaw, Cobb County. From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $419,440 $419,440 $419,440 University System of Georgia, Board of Regents 355.228 BOND: Dalton State College: $4,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Sequoya Hall Renovation, Dalton State College, Dalton, Whitfield County. (S:Fund construction of Pope Center, Dalton State College, Dalton, Whitfield County)(CC:Fund construction of Pope Center, Dalton State College, Dalton, Whitfield County) 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. State General Funds $256,800 $342,400 $342,400 University System of Georgia, Board of Regents 355.229 BOND: East Georgia College: $4,500,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Academic Building Expansion and Renovation, East Georgia State College, Swainsboro, Emanuel County. From State General Funds, $385,200 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $192,600 $385,200 $385,200 3216 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 355.230 BOND: Darton College: $1,700,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Student Services Center Renovation Phase II, Darton State College, Albany, Dougherty County. From State General Funds, $145,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $145,520 $145,520 $145,520 University System of Georgia, Board of Regents 355.231 BOND: Georgia Military College: $1,305,000 in principal for 20 years at 5.77%: Fund design, construction and equipment for the Military Science Academic Building, Georgia Military College, Milledgeville, Baldwin County. From State General Funds, $111,708 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $111,708 $111,708 $111,708 University System of Georgia, Board of Regents 355.232 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the East Marietta Branch Library, Marietta, Cobb County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $85,600 $171,200 $171,200 TUESDAY, MARCH 31, 2015 3217 University System of Georgia, Board of Regents 355.233 BOND: Georgia Public Library System: $0 in principal for 20 years at 5.77%: Fund construction of the Bogart Public Library, Bogart, Oconee County. State General Funds $74,900 $149,800 $0 University System of Georgia, Board of Regents 355.234 BOND: Georgia Public Library System: $1,885,000 in principal for 5 years at 5.07%: Fund maintenance, repair and renovation needs for Georgia Public Library System statewide. From State General Funds, $436,189 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $231,400 $462,800 $436,189 University System of Georgia, Board of Regents 355.235 BOND: Middle Georgia State University: $5,000,000 in principal for 20 years at 5.77%: Fund construction of the Nursing/Health Sciences Building, Middle Georgia State University, Warner Robins, Houston County. From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $428,000 $428,000 University System of Georgia, Board of Regents 355.236 BOND: Georgia Regents University: $1,500,000 in principal for 20 years at 5.77%: Fund replacement/upgrade Electrical Central Energy, Georgia Regents University, Augusta, Richmond County. From State General Funds, $128,400 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 3218 JOURNAL OF THE SENATE of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 University System of Georgia, Board of Regents 355.237 BOND: Abraham Baldwin Agricultural College: $2,500,000 in principal for 20 years at 5.77%: Fund renovation of King Hall, Abraham Baldwin Agricultural College, Tifton, Tift County. 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. State General Funds $214,000 $214,000 University System of Georgia, Board of Regents 355.238 BOND: Athens and Tifton Veterinary Diagnostic Laboratories: $1,500,000 in principal for 5 years at 5.07%: Fund new and replacement laboratory equipment for the Georgia Veterinary Diagnostic Labs, statewide. From State General Funds, $347,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $347,100 $347,100 University System of Georgia, Board of Regents 355.239 BOND: Valdosta State University: $3,500,000 in principal for 20 years at 5.77%: Fund renovation of Pound Hall, Valdosta State University, Valdosta, Lowndes County. From State General Funds, $299,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance TUESDAY, MARCH 31, 2015 3219 of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $299,600 $299,600 University System of Georgia, Board of Regents 355.240 BOND: College of Coastal Georgia: $0 in principal for 20 years at 5.77%: Fund library renovation/expansion, College of Coastal Georgia, Brunswick, Glynn County. State General Funds $171,200 $0 University System of Georgia, Board of Regents 355.241 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation of the Troup Harris Regional Public Library, Harris County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 $171,200 University System of Georgia, Board of Regents 355.242 BOND: Georgia Public Library System: $565,000 in principal for 20 years at 5.77%: Fund construction and expansion of the Three Rivers Regional Library, Folkston, Charlton County. From State General Funds, $48,364 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $48,364 $48,364 University System of Georgia, Board of Regents 355.243 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the Greater Clarks Hill Regional Library System, Harlem, Columbia County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library 3220 JOURNAL OF THE SENATE facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 $171,200 University System of Georgia, Board of Regents 355.244 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation and expansion of Sharon Forks Library, Cumming, Forsyth County. From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $171,200 $171,200 University System of Georgia, Board of Regents 355.245 BOND: Fort Valley State University: $4,000,000 in principal for 20 years at 5.77%: Fund renovation of Bishop Hall, Fort Valley State University, Fort Valley, Peach County. 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. State General Funds $342,400 Technical College System of Georgia 355.251 BOND: Middle Georgia Technical College: $3,080,000 in principal for 5 years at 5.07%: Purchase equipment for the new Health Services Center, Middle Georgia Technical College, Warner Robins, Houston County. [Taxable Bond] From State General Funds, $712,712 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 31, 2015 3221 than $3,080,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $712,712 $712,712 $712,712 $712,712 Technical College System of Georgia 355.252 BOND: Southeastern Technical College: $790,000 in principal for 5 years at 5.07%: Purchase equipment for the renovation of Building 2, Southeastern Technical College, Swainsboro, Emanuel County. [Taxable Bond] From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $182,806 $182,806 $182,806 $182,806 Technical College System of Georgia 355.253 BOND: Southwest Georgia Technical College: $155,000 in principal for 5 years at 5.07%: Purchase equipment for the nursing expansion of Building C, Southwest Georgia Technical College, Thomasville, Thomas County. [Taxable Bond] From State General Funds, $35,867 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 $155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $35,867 $35,867 $35,867 $35,867 Technical College System of Georgia 355.254 BOND: Okefenokee Technical College: $500,000 in principal for 5 years at 5.07%: Purchase equipment for the welding and computer information systems facility expansion, Okefenokee Technical College, Waycross, Ware County. [Taxable Bond] 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 3222 JOURNAL OF THE SENATE than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 $115,700 Technical College System of Georgia 355.255 BOND: Technical College Multi-Projects: $2,855,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide. [Taxable Bond] From State General Funds, $259,234 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 $2,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $259,234 $259,234 $259,234 $259,234 Technical College System of Georgia 355.256 BOND: Technical College Multi-Projects: $12,500,000 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations, multiple locations. [Taxable Bond] From State General Funds, $2,892,500 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,892,500 $2,892,500 $2,892,500 $2,892,500 Technical College System of Georgia 355.257 BOND: Technical College Multi-Projects: $2,500,000 in principal for 5 years at 5.07%: Fund equipment for the QuickStart program statewide. [Taxable Bond] 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 TUESDAY, MARCH 31, 2015 3223 than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $578,500 $578,500 $578,500 $578,500 Technical College System of Georgia 355.258 BOND: Altamaha Technical College: $1,100,000 in principal for 5 years at 5.07%: Fund planning and design for Camden County Campus, Altamaha Technical College, Camden County. From State General Funds, $254,540 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $127,270 $254,540 $254,540 Technical College System of Georgia 355.259 BOND: South Georgia Technical College: $1,655,000 in principal for 20 years at 5.77%: Fund roof replacement, South Georgia Technical College, Americus, Sumter County. From State General Funds, $141,668 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 $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $141,668 $141,668 $141,668 Technical College System of Georgia 355.260 BOND: Ogeechee Technical College: $650,000 in principal for 5 years at 5.07%: Fund planning and design for Plant Operations Building, Ogeechee Technical College, Statesboro, Bulloch County. (S and CC:Fund planning and design for Plant Operations and Logistics Center, Ogeechee Technical College, Statesboro, Bulloch County) From State General Funds, $150,410 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more 3224 JOURNAL OF THE SENATE than $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $69,420 $150,410 $150,410 Technical College System of Georgia 355.261 BOND: Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.77%: Fund construction of College and Career Academies, statewide. 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. State General Funds $856,000 $856,000 Technical College System of Georgia 355.262 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College and Career Academies, Hart County. From State General Funds, $42,800 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 $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. State General Funds $42,800 $42,800 Technical College System of Georgia 355.263 BOND: Georgia Northwestern Technical College: $0 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations, Georgia Northwestern Technical College, Dalton, Whitfield County. State General Funds $462,800 $0 TUESDAY, MARCH 31, 2015 3225 Technical College System of Georgia 355.264 BOND: North Georgia Technical College: $820,000 in principal for 5 years at 5.07%: Fund planning and design for the expansion of the Clarkesville campus to support manufacturing, North Georgia Technical College, Clarkesville, Habersham County. From State General Funds, $189,748 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 $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $273,052 $189,748 Technical College System of Georgia 355.265 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College and Career Academies, Spalding County. From State General Funds, $42,800 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 $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. State General Funds $42,800 $42,800 Technical College System of Georgia 355.266 BOND: Lanier Technical College: $10,000,000 in principal for 20 years at 5.77%: Fund land purchase and design of Lanier Technical College, Hall County. 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. State General Funds $856,000 3226 JOURNAL OF THE SENATE Technical College System of Georgia 355.267 BOND: Technical College Multi-Projects: $17,650,000 in principal for 20 years at 6.5%: Fund the design and construction of a regional training center, Chatham County. [Taxable Bond] From State General Funds, $1,602,620 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,602,620 Behavioral Health and Developmental Disabilities, Department of 355.301 BOND: Central State Hospital: $3,200,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for a new treatment mall facility at the Cook Building, Milledgeville, Baldwin County. From State General Funds, $273,920 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $273,920 $273,920 $273,920 $273,920 Behavioral Health and Developmental Disabilities, Department of 355.302 BOND: DBHDD Multi-projects: $1,910,000 in principal for 20 years at 5.77%: Fund emergency generator upgrades and improvements, multiple locations. From State General Funds, $163,496 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $163,496 $163,496 $163,496 $163,496 TUESDAY, MARCH 31, 2015 3227 Behavioral Health and Developmental Disabilities, Department of 355.303 BOND: DBHDD Multi-projects: $2,350,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $201,160 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 $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. State General Funds $201,160 $201,160 $201,160 $201,160 Human Services, Department of 355.321 BOND: Human Service Multi-Projects: $28,550,000 in principal for 20 years at 5.77%: Fund construction of the new Human Services Building, Lawrenceville, Gwinnett County. From State General Funds, $2,443,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,443,880 $2,443,880 $2,443,880 $2,443,880 Georgia Vocational Rehabilitation Agency 355.331 BOND: Roosevelt Warm Springs Institute: $1,500,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations, Warm Springs, Meriwether County, match federal funds. [Taxable Bond] From State General Funds, $136,200 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $136,200 $136,200 $136,200 $136,200 3228 JOURNAL OF THE SENATE Public Health, Department of 355.341 BOND: Public Health Multi-Projects: $9,300,000 in principal for 5 years at 5.07%: Fund implementation of a new Clinical Billing Information Technology System, Atlanta, Fulton County. From State General Funds, $2,152,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $2,152,020 $2,152,020 $2,152,020 $2,152,020 Public Health, Department of 355.342 BOND: Public Health Multi-Projects: $400,000 in principal for 20 years at 5.77%: Fund replacement of second chiller at the Decatur Lab, Decatur, DeKalb County. From State General Funds, $34,240 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $34,240 $34,240 $34,240 $34,240 Public Health, Department of 355.343 BOND: Public Health Multi-Projects: $300,000 in principal for 20 years at 5.77%: Fund replacement of walk-in coolers at the Decatur Lab, Decatur, DeKalb County. From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $25,680 $25,680 $25,680 $25,680 TUESDAY, MARCH 31, 2015 3229 Veterans Service, Department of 355.351 BOND: Georgia War Veterans Nursing Homes, Various: $0 in principal for 20 years at 5.77%: Fund renovations to the Georgia War Veterans Nursing Home, Milledgeville, Baldwin County. State General Funds $286,760 $0 Corrections, Department of 355.361 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5.07%: Fund emergency repairs, sustainment, and equipment, 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, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $809,900 $809,900 $809,900 $809,900 Corrections, Department of 355.362 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5.07%: Fund implementation of cell phone interdiction measures, multiple locations. 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 sixty months. State General Funds $347,100 $347,100 $347,100 $347,100 Corrections, Department of 355.363 BOND: GDC multi-projects: $6,800,000 in principal for 20 years at 5.77%: Fund facility hardening, multiple locations. From State General Funds, $582,080 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 3230 JOURNAL OF THE SENATE $6,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $582,080 $582,080 $582,080 $582,080 Corrections, Department of 355.364 BOND: GDC multi-projects: $5,510,000 in principal for 5 years at 5.07%: Fund locking controls and perimeter detection improvements, statewide. From State General Funds, $1,275,014 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $1,275,014 $1,275,014 $1,275,014 $1,275,014 Corrections, Department of 355.365 BOND: GDC multi-projects: $10,485,000 in principal for 20 years at 5.77%: Fund major repairs, renovations and improvements, statewide. From State General Funds, $897,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $897,516 $897,516 $897,516 $897,516 Corrections, Department of 355.366 BOND: GDC multi-projects: $2,560,000 in principal for 5 years at 5.07%: Purchase 112 replacement vehicles statewide. From State General Funds, $592,384 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 $2,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $592,384 $592,384 $592,384 $592,384 TUESDAY, MARCH 31, 2015 3231 Defense, Department of 355.371 BOND: National Guard Armories: $500,000 in principal for 5 years at 5.07%: Fund facility sustainment and repairs, statewide, 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 sixty months. State General Funds $115,700 $115,700 $115,700 $115,700 Defense, Department of 355.372 BOND: National Guard Armories: $460,000 in principal for 20 years at 5.77%: Fund site improvements at armories, multiple locations, match federal funds. From State General Funds, $39,376 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 $460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $39,376 $39,376 $39,376 $39,376 Defense, Department of 355.373 BOND: Defense Multi-projects: $6,000,000 in principal for 20 years at 5.77%: Fund facility renovation and equipment for a Georgia National Guard Youth Challenge Academy, Milledgeville, Baldwin County. From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $513,600 $513,600 $513,600 $513,600 3232 JOURNAL OF THE SENATE Driver Services, Department of 355.381 BOND: Department of Driver Services - Equipment: $195,000 in principal for 5 years at 5.07%: Fund replacement of 10 vehicles statewide. From State General Funds, $45,123 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $45,123 $45,123 $45,123 $45,123 Driver Services, Department of 355.382 BOND: Department of Driver Services - Multi-Projects: $2,300,000 in principal for 20 years at 6.5%: Purchase facility, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $208,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $196,880 $208,840 $208,840 $208,840 Investigation, Georgia Bureau of 355.391 BOND: GBI Headquarters and Morgue: $6,680,000 in principal for 20 years at 5.77%: Fund design and construction of the expansion of GBI Headquarter's morgue facility, Decatur, DeKalb County. From State General Funds, $571,808 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 $6,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $571,808 $571,808 $571,808 $571,808 TUESDAY, MARCH 31, 2015 3233 Investigation, Georgia Bureau of 355.392 BOND: Savannah Branch Crime Lab: $1,100,000 in principal for 5 years at 5.07%: Fund design of the new Savannah Crime Lab, Savannah, Chatham County. From State General Funds, $254,540 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $254,540 $254,540 $254,540 $254,540 Investigation, Georgia Bureau of 355.393 BOND: GBI Multi-Projects: $360,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations, multiple locations. From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $30,816 $30,816 $30,816 $30,816 Investigation, Georgia Bureau of 355.394 BOND: GBI Multi-Projects: $1,270,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $293,878 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $293,878 $293,878 $293,878 $293,878 3234 JOURNAL OF THE SENATE Investigation, Georgia Bureau of 355.395 BOND: GBI Multi-Projects: $1,600,000 in principal for 5 years at 5.07%: Fund the replacement of 25 investigative vehicles statewide. From State General Funds, $370,240 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $370,240 $370,240 $370,240 $370,240 Investigation, Georgia Bureau of 355.396 BOND: GBI Multi-Projects: $50,000 in principal for 5 years at 5.07%: Purchase 2 vehicles for Child Fatality Review Group, Decatur, DeKalb County. From State General Funds, $11,570 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 $50,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $11,570 $11,570 $11,570 $11,570 Juvenile Justice, Department of 355.401 BOND: DJJ Multi-Projects: $2,930,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide. From State General Funds, $678,002 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 $2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $678,002 $678,002 $678,002 $678,002 Juvenile Justice, Department of 355.402 BOND: DJJ Multi-Projects: $2,060,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $176,336 is specifically appropriated for the purpose of financing projects and TUESDAY, MARCH 31, 2015 3235 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 $2,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $176,336 $176,336 $176,336 $176,336 Juvenile Justice, Department of 355.403 BOND: DJJ Multi-Projects: $6,145,000 in principal for 20 years at 5.77%: Fund security upgrades and enhancements statewide. From State General Funds, $526,012 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $526,012 $526,012 $526,012 $526,012 Juvenile Justice, Department of 355.404 BOND: Regional Youth Detention Center: $500,000 in principal for 5 years at 5.07%: Fund equipment for the renovation and improvements of former GDC facility to construct RYDC, Dawson, Terrell County. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 $115,700 Juvenile Justice, Department of 355.405 BOND: Regional Youth Detention Center: $0 in principal for 20 years at 5.77%: Fund construction of renovation and improvements to former GDC facility to construct 56-bed RYDC, Cadwell, Laurens County. State General Funds $1,335,360 $0 $0 $0 3236 JOURNAL OF THE SENATE Juvenile Justice, Department of 355.406 BOND: Regional Youth Detention Center: $1,500,000 in principal for 20 years at 5.77%: Fund new laundry facilities at DeKalb County RYDC and Martha Glaze (Clayton County) RYDC. From State General Funds, $128,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $128,400 $128,400 $128,400 $128,400 Pardons and Paroles, State Board of 355.411 BOND: State Board of Pardons and Paroles Multi-Projects: $765,000 in principal for 5 years at 5.07%: Fund replacement of 34 vehicles statewide. From State General Funds, $177,021 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 $765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $177,021 $177,021 $177,021 $177,021 Public Safety, Department of 355.421 BOND: Patrol Posts Various: $7,815,000 in principal for 5 years at 5.07%: Purchase 187 fully equipped law enforcement pursuit vehicles statewide. From State General Funds, $1,808,391 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 $7,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $1,808,391 $1,808,391 $1,808,391 $1,808,391 TUESDAY, MARCH 31, 2015 3237 Public Safety, Department of 355.422 BOND: Patrol Posts Various: $455,000 in principal for 5 years at 5.07%: Purchase 10 fully equipped law enforcement pursuit vehicles, Motor Carrier Compliance Division, statewide. From State General Funds, $105,287 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 $455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $105,287 $105,287 $105,287 $105,287 Public Safety, Department of 355.423 BOND: Patrol Posts Various: $2,320,000 in principal for 5 years at 5.07%: Purchase communications equipment for vehicles statewide. From State General Funds, $536,848 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 $2,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $536,848 $536,848 $536,848 $536,848 Public Safety, Department of 355.424 BOND: Patrol Posts Various: $375,000 in principal for 5 years at 5.07%: Fund facility sustainment and repair statewide. From State General Funds, $86,775 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 $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $86,775 $86,775 $86,775 $86,775 Public Safety, Department of 355.425 BOND: Patrol Posts Various: $370,000 in principal for 5 years at 5.07%: Purchase portable scales, Motor Carrier Compliance Division, statewide. 3238 JOURNAL OF THE SENATE From State General Funds, $85,618 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 $370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $85,618 $85,618 $85,618 $85,618 Public Safety, Department of 355.426 BOND: Patrol Posts Various: $190,000 in principal for 5 years at 5.07%: Fund replacement and upgrade of Capitol Hill facility security equipment, Atlanta, Fulton County. From State General Funds, $43,966 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 $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $43,966 $43,966 $43,966 $43,966 Public Safety, Department of 355.427 BOND: Public Safety Training Center: $1,940,000 in principal for 20 years at 5.77%: Fund facility repairs, renovations, and construction, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $166,064 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 $1,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $166,064 $166,064 $166,064 $166,064 Public Safety, Department of 355.428 BOND: Public Safety Training Center: $190,000 in principal for 5 years at 5.07%: Fund instructional equipment upgrades, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities TUESDAY, MARCH 31, 2015 3239 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 $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $43,966 $43,966 $43,966 $43,966 Public Safety, Department of 355.429 BOND: Public Safety Training Center: $245,000 in principal for 5 years at 5.07%: Fund replacement of vehicle maintenance equipment, Georgia Public Safety Training Center, Forsyth, Monroe County. From State General Funds, $56,693 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $56,693 $56,693 $56,693 $56,693 Accounting Office, State 355.451 BOND: SAO Multi-projects: $2,500,000 in principal for 5 years at 5.07%: Fund upgrade of TeamWorks Human Capital Management system, Atlanta, Fulton County. From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $578,500 $578,500 $578,500 $578,500 Banking and Finance, Department of 355.461 BOND: Department of Banking and Finance - Multi-Projects: $400,000 in principal for 5 years at 5.07%: Purchase 22 replacement vehicles. From State General Funds, $92,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Banking and Finance by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, 3240 JOURNAL OF THE SENATE 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 sixty months. State General Funds $92,560 $92,560 $92,560 $92,560 Governor, Office of the 355.471 BOND: Office of Planning and Budgeting - Multi-Projects: $3,000,000 in principal for 5 years at 5.07%: Fund modernization of budget systems, Atlanta, Fulton County. From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Office of the Governor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $462,800 $462,800 $462,800 $694,200 Building Authority, Georgia 355.491 BOND: Archives Building: $0 in principal for 20 years at 5.77%: Fund demolition of Archives building for site of new Judicial Center, Atlanta, Fulton County. (S:Utilize redirected bonds)(CC:NO) State General Funds $556,400 $556,400 $0 $0 Building Authority, Georgia 355.492 BOND: GBA multi-projects: $4,000,000 in principal for 20 years at 5.77%: Fund facility improvements and renovations statewide. (S:Utilize redirected bonds)(CC:Fund facility improvements and renovations statewide) From State General Funds, $342,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $428,000 $428,000 $0 $342,400 TUESDAY, MARCH 31, 2015 3241 Building Authority, Georgia 355.493 BOND: GBA multi-projects: $1,425,000 in principal for 5 years at 5.07%: Fund completion of the Capitol Hill access control system, Atlanta, Fulton County. From State General Funds, $329,745 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 $1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $329,745 $329,745 $329,745 $329,745 Revenue, Department of 355.501 BOND: Department of Revenue Equipment: $10,000,000 in principal for 5 years at 5.07%: Fund GRATIS system improvements, Atlanta, DeKalb County. 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 sixty months. State General Funds $2,314,000 Labor, Department of 355.511 BOND: Department of Labor - Central Office: $475,000 in principal for 20 years at 5.77%: Fund condition assessment and repairs of central office complex and parking deck, Atlanta, Fulton County. From State General Funds, $40,660 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $475,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $40,660 $40,660 $40,660 $40,660 3242 JOURNAL OF THE SENATE Labor, Department of 355.512 BOND: DOL Sites: $775,000 in principal for 20 years at 5.77%: Fund facility repairs and improvements, multiple locations. From State General Funds, $66,340 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $66,340 $66,340 $66,340 $66,340 Soil and Water Conservation Commission, State 355.551 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 5.77%: Fund rehabilitation of flood control structure, Hamilton, Harris County. From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the State 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 two hundred and forty months. State General Funds $256,800 $256,800 $256,800 $256,800 Agriculture, Department of 355.561 BOND: State Farmers' Markets: $9,000,000 in principal for 20 years at 6.5%: Fund design and construction of wholesale cooler warehouse, Forest Park, Clayton County. [Taxable Bond] From State General Funds, $817,200 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $817,200 $817,200 $817,200 $817,200 TUESDAY, MARCH 31, 2015 3243 Agriculture, Department of 355.562 BOND: Agriculture - Multi-Projects: $500,000 in principal for 5 years at 5.07%: Purchase 17 vehicles and two mobile test labs statewide. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $115,700 $115,700 $115,700 $115,700 Community Affairs, Department of 355.581 BOND: Reservoirs: $0 in principal for 20 years at 6.5%: Fund reservoirs, multiple locations. [Taxable Bond] State General Funds $636,508 $255,148 $255,148 $0 Community Affairs, Department of 355.582 BOND: Department of Community Affairs: $3,500,000 in principal for 5 years at 5.07%: Fund construction of seawall on Hutchinson Island, Savannah, Chatham County. [Taxable Bond] From State General Funds, $809,900 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $809,900 $809,900 $809,900 Environmental Finance Authority, Georgia 355.601 BOND: Local Government Infrastructure: $0 in principal for 20 years at 5.77%: Fund State Funded Water and Sewer Construction Loan Program, statewide. State General Funds $856,000 $856,000 $856,000 $0 3244 JOURNAL OF THE SENATE Environmental Finance Authority, Georgia 355.602 BOND: Local Government Infrastructure: $10,000,000 in principal for 20 years at 5.77%: Fund Federal State Revolving Fund Match, Clean and Drinking Water Programs, statewide, match federal funds. From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, 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. State General Funds $856,000 $856,000 $856,000 $856,000 Economic Development, Department of 355.611 BOND: Georgia World Congress Center: $2,000,000 in principal for 20 years at 6.5%: Fund design and construction of Centennial Plaza, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $181,600 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $181,600 $181,600 $181,600 $181,600 Economic Development, Department of 355.612 BOND: Georgia World Congress Center: $23,000,000 in principal for 20 years at 6.5%: Fund construction of structured parking facilities, Atlanta, Fulton County. [Taxable Bond] From State General Funds, $2,088,400 is specifically appropriated for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $2,088,400 $2,088,400 $2,088,400 $2,088,400 Forestry Commission, State 355.621 BOND: Forestry Equipment: $4,000,000 in principal for 10 years at 5.52%: Fund replacement of firefighting equipment statewide. From State General Funds, $531,200 is specifically appropriated for the purpose of financing projects and TUESDAY, MARCH 31, 2015 3245 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 $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. State General Funds $531,200 $531,200 $531,200 $531,200 Forestry Commission, State 355.622 BOND: Forestry Buildings: $160,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide. From State General Funds, $13,696 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 $160,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $39,376 $13,696 $13,696 $13,696 Forestry Commission, State 355.623 BOND: Forestry Buildings: $300,000 in principal for 20 years at 5.77%: Fund construction and equipment for North Bryan Forestry Unit, Pembroke, Bryan County. From State General Funds, $25,680 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 $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. State General Funds $25,680 $25,680 $25,680 Natural Resources, Department of 355.631 BOND: DNR multi-projects: $950,000 in principal for 5 years at 5.07%: Fund replacement of 31 vehicles with equipment for law enforcement use statewide. From State General Funds, $219,830 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 3246 JOURNAL OF THE SENATE facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. State General Funds $219,830 $219,830 $219,830 $219,830 Natural Resources, Department of 355.632 BOND: DNR multi-projects: $19,930,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide. [Taxable Bond] From State General Funds, $1,809,644 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 $19,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $1,755,164 $1,755,164 $1,782,404 $1,809,644 Natural Resources, Department of 355.633 BOND: DNR multi-projects: $5,720,000 in principal for 20 years at 6.5%: Fund miscellaneous new construction, statewide, match federal funds. [Taxable Bond] From State General Funds, $519,376 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 $5,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $410,416 $410,416 $522,100 $519,376 Natural Resources, Department of 355.634 BOND: DNR Land Acquisition: $4,500,000 in principal for 20 years at 6.5%: Fund land acquisition for Wildlife Management Areas and Parks, multiple locations, match federal and private funds. [Taxable Bond] From State General Funds, $408,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more TUESDAY, MARCH 31, 2015 3247 than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $408,600 $408,600 $408,600 $408,600 Natural Resources, Department of 355.635 BOND: DNR multi-projects: $5,000,000 in principal for 5 years at 5.07%: Purchase 1 new helicopter. From State General Funds, $1,157,000 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 sixty months. State General Funds $1,157,000 $1,157,000 $1,157,000 $1,157,000 Jekyll Island State Park Authority 355.641 BOND: Jekyll Island: $5,000,000 in principal for 20 years at 6.5%: Fund construction and equipment for the Youth and Learning Center, Jekyll Island, Glynn County. [Taxable Bond] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. State General Funds $454,000 $454,000 $454,000 $454,000 Transportation, Department of 355.661 BOND: Various DOT: $4,665,000 in principal for 20 years at 5.77%: Fund dike improvements along the Savannah River, Savannah, Chatham County, and on Georgia owned land in Jasper County, SC, match federal funds. From State General Funds, $399,324 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $399,324 $399,324 $399,324 $399,324 3248 JOURNAL OF THE SENATE Transportation, Department of 355.662 BOND: Rail Lines: $2,300,000 in principal for 20 years at 6.5%: Fund rehabilitation of Georgia Southwestern state-owned rail, Calhoun County, Decatur County, Early County, Miller County, Randolph County. [Taxable Bond] From State General Funds, $208,840 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $163,440 $163,440 $208,840 Transportation, Department of 355.663 BOND: Roads and Bridges: $100,000,000 in principal for 20 years at 5.77%: Fund repair, replacement and renovation of bridges statewide. From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $8,560,000 $8,560,000 $8,560,000 Transportation, Department of 355.664 BOND: Rail Lines: $4,500,000 in principal for 20 years at 6.5%: Fund rehabilitation of rail lines and rehabilitation of bridges over Ocmulgee and Oconee Rivers ($1,905,000), rehabilitate lines from Cordele, Crisp County to Vidalia, Toombs County ($4,000,000), rehabilitate lines from Nunez, Emanuel County to Vidalia, Toombs County ($2,000,000), and rail siding and maintenance from Chattooga County to Walker County ($1,000,000). (CC:Fund rehabilitation and rail siding of rail lines from Nunez, Emanuel County to Vidalia, Toombs County ($2,000,000) and rail siding and maintenance from Chattooga County to Walker County ($1,000,000), and rehabilitation of rail lines and rehabilitation of bridges over Ocmulgee and Oconee Rivers ($1,500,000)) [Taxable Bond] From State General Funds, $408,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. State General Funds $808,574 $408,600 TUESDAY, MARCH 31, 2015 3249 Road and Tollway Authority, State 355.665 BOND: State Road and Tollway Authority : $75,000,000 in principal for 10 years at 5.52%: Fund transit needs statewide. [Taxable Bond] From State General Funds, $9,960,000 is specifically appropriated for the purpose of financing projects and facilities for the State Road and Tollway 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 $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. State General Funds $8,560,000 $8,560,000 $9,960,000 Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 155, Act No. 684, 2010 Regular Session, H.B. 948), which reads as follows: [Bond # 25] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 134, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward reads as follows: [Bond # 23] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 3250 JOURNAL OF THE SENATE is hereby amended to read as follows: [Bond #23] From State General Funds, $130,800 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, 162, Act No. 684, 2010 Regular Session, H.B. 948), which reads as follows: [Bond # 96] From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward reads as follows: [Bond #91]From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby repealed in its entirety. 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, 162, Act No. 684, 2010 Regular Session, H.B. 948), which reads as follows: TUESDAY, MARCH 31, 2015 3251 [Bond # 97] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 142, Act No. 2, 2011 Regular Session, H.B. 77), and as carried forward reads as follows: [Bond # 92] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby repealed in its entirety. 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), amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 130, Act No. 11, 2013 Regular Session, H.B. 105), and as amended reads 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. is hereby repealed in its entirety. 3252 JOURNAL OF THE SENATE Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) Additional funds for personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Corrections, Department of Driver Services, Georgia Bureau of Investigation, and Department of Public Health. The amount for this Item is calculated according to an effective date of July 1, 2015. 3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2015. 4.) In lieu of other numbered items, additional funds for personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2015. 6.) In lieu of other numbered items, additional funds for personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2015. TUESDAY, MARCH 31, 2015 3253 7.) In lieu of other numbered items, additional funds for personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015. 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 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. 3254 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, 53 and 54 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," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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. TUESDAY, MARCH 31, 2015 3255 Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 76. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 55, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 76. The Calendar was resumed. HB 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Brockway of the 102nd, Morris of the 156th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related 3256 JOURNAL OF THE SENATE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Judiciary offered the following substitute to HB 17: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse under certain circumstances; to provide for retroactive claims for childhood sexual abuse under certain circumstances; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Hidden Predator Act." SECTION 2. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by revising Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, as follows: "9-3-33.1. (a)(1) As used in this Code section subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years of age and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was TUESDAY, MARCH 31, 2015 3257 committed be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2; (C) Statutory rape, as prohibited in Code Section 16-6-3; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5; (F) Pandering, as prohibited in Code Section 16-6-12; (G) Pandering by compulsion, as prohibited in Code Section 16-6-14; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; (I) Incest, as prohibited in Code Section 16-6-22; (J) Sexual battery, as prohibited in Code Section 16-6-22.1; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. (b)(2) Notwithstanding Code Section 9-3-33 and except as provided in subsection (d) of this Code section, any Any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced within five years of on or before the date the plaintiff attains the age of majority 23 years. (b)(1) As used in this subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under 18 years of age and which act would be in violation of: (A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-546; (B) Rape, as prohibited in Code Section 16-6-1; (C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2; (E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; (G) Incest, as prohibited in Code Section 16-6-22; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2)(A) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced: (i) On or before the date the plaintiff attains the age of 23 years; or (ii) Within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff as established by competent medical or psychological evidence. 3258 JOURNAL OF THE SENATE (B) When a plaintiff's civil action is filed after the plaintiff attains the age of 23 years but within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff, the court shall determine from admissible evidence in a pretrial finding when the discovery of the alleged childhood sexual abuse occurred. The pretrial finding required under this subparagraph shall be made within six months of the filing of the civil action. (c)(1) As used in this subsection, the term: (A) 'Clear and convincing evidence' means proof that will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established; it is intermediate, being more than a mere preponderance, but does not require the degree of certainty as does the standard of beyond a reasonable doubt. (B) 'Entity' means an institution, agency, firm, business, corporation, or other public or private legal entity. (C) 'Person' means the individual alleged to have committed the act of childhood sexual abuse. (2) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(i) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by a preponderance of the evidence there is a finding of negligence on the part of such entity. (3) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(ii) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by clear and convincing evidence there is a finding that: (A) The entity knew or should have known of the alleged conduct giving rise to the civil action; (B) Such entity failed to take reasonable remedial measures; and (C) There was negligence on the part of such entity. (d)(1) For a period of two years following July 1, 2015, plaintiffs of any age who were time barred from filing a civil action for injuries resulting from childhood sexual abuse due to the expiration of the statute of limitations in effect on June 30, 2015, shall be permitted to file such actions against the individual alleged to have committed such abuse before July 1, 2017, thereby reviving those civil actions which had lapsed or technically expired under the law in effect on June 30, 2015. (2) The revival of a claim as provided in paragraph (1) of this subsection shall not apply to: (A) Any claim that has been litigated to finality on the merits in a court of competent jurisdiction prior to July 1, 2015. Termination of a prior civil action on the basis of the expiration of the statute of limitations shall not constitute a claim TUESDAY, MARCH 31, 2015 3259 that has been litigated to finality on the merits; (B) Any written settlement agreement which has been entered into between a plaintiff and a defendant when the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed such agreement; and (C) Any claim against an entity, as such term is defined in subsection (c) of this Code section. (3) This subsection shall be repealed effective July 1, 2017." SECTION 3. Said chapter is further amended by revising Code Section 9-3-90, relating to persons under disability or imprisoned when cause of actions accrues, as follows: "9-3-90. (a) Individuals Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. (b)(c) No action accruing to a person an individual imprisoned at the time of its accrual which, prior: (1) Prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would; or (2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985." SECTION 4. Said chapter is further amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows: "9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1." 3260 JOURNAL OF THE SENATE SECTION 5. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended in Code Section 49-5-41, relating to persons and agencies permitted access to records, by adding a new subsection to read as follows: "(f) Notwithstanding Code Section 49-5-40, a child who alleges that he or she was abused shall be permitted access to records concerning a report of child abuse allegedly committed against him or her which are in the custody of the department or other state or local agency when he or she reaches 18 years of age; provided, however, that prior to such child reaching 18 years of age, if the requestor is not the subject of such report, such reports shall be made available to such child's parent or legal guardian or a deceased child's duly appointed representative when the requestor or his or her attorney submits a sworn affidavit that attests that such information is relevant to a pending or proposed civil action; and provided, further, that such reports shall still be subject to confidentiality pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72." SECTION 6. Said article is further amended by revising subsection (c) of Code Section 49-5-44, relating to penalties for unauthorized access to records and use of records in public and criminal proceedings, as follows: "(c) Records made confidential by Code Section 49-5-40 and information obtained from such records may shall not be made a part of any record which is open to the public except that: (1) A a district 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; and (2) The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1." SECTION 7. This Act shall become effective on July 1, 2015. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Ligon of the 3rd, Kennedy of the 18th, Cowsert of the 46th and Hill of the 32nd offered the following amendment #1: Amend the Senate substitute to HB 17 (LC 29 6632S) by replacing "negligence" with "gross negligence" on line 103. By inserting between lines 103 and 104 the following: TUESDAY, MARCH 31, 2015 3261 (4) When an entity that owed a duty of care to the plaintiff or had control over the person reported the alleged childhood sexual abuse to a governmental agency with authority to investigate the alleged abuse within 90 days of discovering of such abuse, the entity shall have no liability for damages suffered as a result of childhood sexual abuse commenced pursuant to division (b)(2)(A)(ii) of this Code section. Senator Hill of the 32nd offered the following amendment #1a: Amend AM 29 2460 to HB 17 by inserting on line 6 after the "," the word "that" and strike the word "the" On the adoption of amendment #1a, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of amendment #1a, the yeas were 9, nays 38, and the Hill of the 32nd amendment #1a to the Ligon, et al. amendment #1 to the committee substitute was lost. Senator Stone of the 23rd and Kirk of the 13th offered the following amendment #1b: Amend HB 17 to HB 17 by striking from amendment 1b lines 1 and 2 Senator Stone of the 23rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Stone, Kirk amendment #1b was withdrawn. Senator Stone of the 23rd offered the following amendment #1c: Amend AM 29 2460 to HB 17 by striking from amendment 1 lines 1 and 2 On the adoption of amendment #1c, the President asked unanimous consent. Senator Ligon, Jr. of the 3rd objected. On the adoption of amendment #1c, the yeas were 37, nays 12, and the Stone amendment #1c to the Ligon, et al. amendment #1 to the committee substitute was adopted. On the adoption of amendment #1 as amended, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 17, nays 33, and the Ligon, et al. amendment #1 as amended to the committee substitute was lost. The Stone amendment #1c to the Ligon, et al. amendment #1 was therefore moot. 3262 JOURNAL OF THE SENATE Senators Kennedy of the 18th, Bethel of the 54th, McKoon of the 29th, Hill of the 32nd, Kirk of the 13th and others offered the following amendment #2: Amend the Senate substitute to HB 17 (LC 29 6632S) by inserting between lines 103 and 104 the following: (4) If the person dies before a civil action authorized by this Code section is commenced, there shall be no cause of action against the entity that employed or had control over such person. On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 17, nays 32, and the Kennedy, et al. amendment #2 to the committee substitute was lost. Senator Unterman of the 45th offered the following amendment #3: Amend the Senate Judiciary Committee substitute to HB 17 (LC 29 6632S) by deleting lines 79 through 82 and by replacing "(B)" and "(C)" with "(A)" and "(B)", respectively, on lines 83 and 85. By replacing lines 99 through 103 with the following: a preponderance of the evidence there is a finding that there was gross negligence on the part of such entity. Senator Ligon of the 3rd and Kennedy of the 18th offered the following amendment #3a: Amend Amendment #3 to HB 17 by deleting the period on line 6 and substituting in its place a comma and adding "That the entity knew or should have known the alleged conduct giving rise to the civil action and such entity failed to take remedial action." On the adoption of amendment #3a, there were no objections, and the Ligon, Jr., Kennedy amendment #3a to the Unterman amendment #3 to the committee substitute was adopted. On the adoption of amendment #3, there were no objections, and the Unterman amendment #3 as amended 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. TUESDAY, MARCH 31, 2015 3263 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. HB 17, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 17. Had I been present, I would have voted yes. /s/ Gloria S. Butler District 55 March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 17. Had I been present, I would have voted yes. /s/ Hunter Hill District 6 3264 JOURNAL OF THE SENATE The following messages were received from the House through Mr. Reilly, 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 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Battles of the 15th, Knight of the 130th, and Powell of the 171st. The House insists on its position in substituting the following Bill of the Senate: SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending TUESDAY, MARCH 31, 2015 3265 June 30, 2016; 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. The following bill was taken up to consider House action thereto: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Gooch of the 51st asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 4 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Gooch of the 51st, Ginn of the 47th and Beach of the 21st. Senator David Shafer, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Gooch of the 51st Unterman of the 45th Senator Mullis of the 53rd asked unanimous consent that the following bill be taken from the Table: HB 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th: A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to 3266 JOURNAL OF THE SENATE provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The consent was granted, and HB 110 was taken from the Table and put upon its passage. The Senate Committee on Public Safety offered the following substitute to HB 110: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for the use or explosion of consumer fireworks during certain times and dates and for exceptions; to provide for licensing; to revise penalties; to provide for enforcement of said chapter; to render certain devices unlawful that require a flame for propulsion or lighting; 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 clarify local governments' role in regulating or prohibiting the sale and use of consumer fireworks; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by revising Code Section 25-10-1, relating to definitions, as follows: "25-10-1. (a) As used in this chapter, the term: (1) 'Consumer fireworks' means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, TUESDAY, MARCH 31, 2015 3267 the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1. (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124. (3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for by NFPA 1124. (4) 'Distributor' means any person, firm, corporation, association, or partnership which sells at retail or wholesale any consumer fireworks. (1)(5) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. (6) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition. (7) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. (8) 'Permanent building' shall have the same meaning as provided for by NFPA 1124. (2)(9) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3)(10) 'Pyrotechnics' means fireworks. (11) 'Store' shall have the same meaning as provided for by NFPA 1124. (b) As used in this chapter, the term 'consumer fireworks' or 'fireworks' shall not include: (1) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party peppers, string peppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture." 3268 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by revising Code Section 25-10-2, relating to prohibited fireworks activities, as follows: "25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter. (b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age. (2) It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, or such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. (3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors. (B) Except as provided for in subparagraph (D) of this paragraph and subject to paragraph (4) of this subsection, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on any day between the hours of 10:00 A.M. and 12:00 Midnight only; provided, however, that it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks on January 1, July 3, July 4, and December 31 of each year between the hours of 12:00 Midnight and 2:00 A.M. (C) Subject to paragraph (4) of this subsection, it shall be lawful for any person, firm, corporation, association, or partnership to use or explode or cause to be exploded any consumer fireworks anywhere in this state except: (i) As provided for under subparagraph (A) of this paragraph; (ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or explode or cause to be exploded any consumer fireworks; or (iii) Within 100 yards of a nuclear power facility or a facility engaged in the retail sale of gasoline or the production, refining, processing, or blending of gasoline for such retail purposes. (D) Any person, firm, corporation, association, or partnership may use or explode or cause to be exploded any consumer fireworks on any day at a time not provided TUESDAY, MARCH 31, 2015 3269 for under subparagraph (B) of this paragraph if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or explosion of consumer fireworks in a location within such county or municipality at a time not provided for under subparagraph (B) of this paragraph. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or explode or cause to be exploded such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (4)(A) It shall be lawful for any person 18 years of age or older to use or explode or cause to be exploded or to possess, manufacture, transport, or store consumer fireworks. (B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways. (5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this chapter. (B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1. (6)(A) It shall be lawful to sell consumer fireworks from a permanent building or store only if such permanent building or store is: (i) In compliance with the requirements for such a permanent building or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or paragraph (1) of (d) of Code Section 25-10-5.1. (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is: (i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political 3270 JOURNAL OF THE SENATE subdivision, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. (C) It shall be unlawful to sell consumer fireworks from any motor vehicle or from a trailer towed by a motor vehicle." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "25-10-5.1. (a)(1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses, damages, or injuries that might ensue to persons or property as a result of selling such distributor's consumer fireworks or items defined in paragraph (2) of subsection (b) of Code Section 25-101. (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (b)(1) The initial license fee for a distributor having consumer fireworks offered for sale from a permanent consumer fireworks retail sales facility shall be $5,000.00 per year and location, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such initial license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued. After such initial license, such distributor may annually renew such initial license for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or annual license. (2) The determination by the Safety Fire Commissioner of whether a distributor has TUESDAY, MARCH 31, 2015 3271 met requirements for the issuance of a license required by this subsection shall be made within 15 days of the submission of an application for any such license. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (c)(1) The license fee for a distributor having consumer fireworks offered for sale from a temporary consumer fireworks retail sales stand shall be $1,000.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, has no more than the permitted number of licenses under this subsection, that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located; provided, however, that no such license shall be issued prior to January 1, 2016. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire 90 days after the issuance of such license. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 15 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) At any one time and within each county, a distributor may have up to two licenses issued pursuant to this subsection for locations within such county; provided, however, that if a distributor has at least one license issued under subsection (b) or (d) 3272 JOURNAL OF THE SENATE of this Code section for a location in a county, then for such county a distributor may have up to two licenses under this subsection for each license that such distributor has under subsection (b) or (d) of this Code section for locations in such county. (4) A nonprofit group benefiting from the sale of consumer fireworks pursuant to this Code section shall directly participate in operating the temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating such temporary consumer fireworks retail sales stand. (5) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes. (6) A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted by January 31 of each year and such distributor shall amend such list, or file an initial list if such distributor first becomes licensed after January 31 of a particular year, within 45 days of having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph. (d)(1) The initial license fee for a distributor having consumer fireworks offered for sale from a store shall be $5,000.00 per year and location, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner and shall identify the store applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued. After such initial license, such distributor may annually renew such initial license for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner and shall identify the store applicable to such license. Such annual license shall expire on January 31 of each year; provided, however, that a distributor shall not apply for an annual license earlier than 30 days prior to the expiration of an initial license or annual license. (2) The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 15 days of the submission of an application for any such license. Such application shall be in writing and, if the Safety Fire Commissioner provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by the Safety Fire Commissioner. If a determination has not TUESDAY, MARCH 31, 2015 3273 been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection." SECTION 4. Said chapter is further amended by revising Code Section 25-10-6, relating to fireworks manufactured, sold, or stored in violation of this chapter declared contraband and seizure and disposition, as follows: "25-10-6. The state fire marshal shall enforce the provisions of this chapter. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 2510-5.1 to the state fire marshal. All fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official." SECTION 5. Said chapter is further amended by revising Code Section 25-10-9, relating to penalty for illegal sale of sparklers or other devices, as follows: "25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which that knowingly violates subsection (b) of Code Section 25-10-2 this chapter may be punished by a fine not to exceed $100.00 $2,500.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 this chapter shall be a separate offense." SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "25-10-10. It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river." SECTION 7. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, is amended by revising Code Section 3274 JOURNAL OF THE SENATE 36-60-24, relating to the sale of products or services, as follows: "36-60-24. (a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or explosion of consumer fireworks or products or services which products or services are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is expressly authorized by the general law of the state. (b) If the sale of a product or service is regulated by subsection (b) of Code Section 2510-1 Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or explosion of such product or service, unless such additional regulation is expressly authorized by general law. (c) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may provide for permits or licenses for the sale or use of consumer fireworks as provided for under subsection (c) of Code Section 25-10-5.1. (d) For purposes of this subsection, the terms 'consumer fireworks' shall have the same meanings as provided in Code Section 25-10-1. (c)(e) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void." SECTION 8. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by adding a new article to read as follows: "ARTICLE 7 48-13-130. As used in this article, the term: (1) 'Consumer fireworks' shall have the same meaning as provided for in Code Section 25-10-1. (2) 'Seller' means the person who is issued a license pursuant to Code Section 25-105.1. 48-13-131. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale of consumer fireworks and any items provided for in paragraph (2) of subsection (b) of Code Section 25-10-1 in this state at a rate of 5 percent per item sold. (b) The excise tax imposed by this article shall be paid by the seller and due and payable in the same manner as would be otherwise required under Article 1 of Chapter 8 of this title. TUESDAY, MARCH 31, 2015 3275 48-13-132. A seller who knowingly and willfully violates the requirements of this article shall be assessed a civil penalty of not more than $10,000.00 in addition to the amount of tax due. 48-13-133. The department is authorized to adopt rules and regulations necessary for the enforcement and implementation of the provisions of this Code section." SECTION 9. This Act shall become effective on July 1, 2015. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Harper of the 7th, Mullis of the 53rd, Albers of the 56th, Watson of the 1st, Harbison of the 15th and others offer the following amendment #1: Amend the substitute to HB 110/CSFA (LC 41 0510S) by replacing line 1 with the following: 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 for the possession of consumer fireworks within a school safety zone; to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to By redesignating Sections 1 through 10 as Sections 2 through 11, respectively, and inserting between lines 13 and 14 the following: SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by revising paragraph (1) of subsection (b) 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 function, or on a bus or other transportation furnished by a school any weapon or explosive compound, other than fireworks or consumer fireworks the possession of which is regulated by Chapter 10 of Title 25." On the adoption of the amendment, there were no objections, and the Harper, et al. amendment #1 to the committee substitute was adopted. 3276 JOURNAL OF THE SENATE Senators Harper of the 7th, Mullis of the 53rd, Albers of the 56th, Watson of the 1st, Kennedy of the 18th and others offered the following amendment #2: Amend the substitute to HB 110/CSFA (LC 41 0510S) by replacing line 26 with the following: in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. By replacing line 32 with the following: sells consumer fireworks. By replacing line 37 with the following: skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of By deleting line 45 and replacing "(9)", "(10)", and "(11)" with "(8)", "(9)", and "(12)", respectively, on lines 46, 49, and 50. By inserting between lines 49 and 50 the following: (11) 'Retail chain' means a person, firm, corporation, association, or partnership with more than one store, where all such stores are collectively known to the public by the same name or share central management. By replacing "building" with "consumer fireworks retail sales facility" on lines 135, 136, and 137. By replacing line 140 with the following: or (d) of Code Section 25-10-5.1. By replacing "subdivision," on line 146 with the following: subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, By inserting "or fire department connection" after "hydrant" on line 151. By inserting between lines 153 and 154 the following: No distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 shall at any one time operate more than two temporary consumer fireworks retail sales stands for each license issued to such distributor under subsection (b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any one time operate more than two temporary consumer fireworks retail sales stands for each store of such retail chain. Such temporary consumer fireworks retail sales TUESDAY, MARCH 31, 2015 3277 stands shall be located within the same county as the location of such permanent consumer fireworks retail sales facility or store provided for under subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that if a county does not have a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries of such county may locate one of the two temporary consumer fireworks retail sales stands in the unserved county. By replacing lines 163 and 164 with the following: to persons or property as a result of selling consumer fireworks. By replacing lines 168 through 170 with the following: (b)(1) The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $5,000.00 per location, payable to the Safety Fire Commissioner. Upon a finding that a distributor has By replacing lines 196 and 197 with the following: (c)(1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, By replacing lines 201 and 202 with the following: has met the requirements of paragraph (1) of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section for a location applicable to the location of such temporary consumer fireworks retail sales stand as provided for in subparagraph (b)(6)(B) of Code Section 25-10-2, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2, that the sales of By deleting lines 225 through 230 and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively, on lines 231, 238, and 241. By replacing lines 251 through 260 with the following: (d)(1) The initial license fee for a distributor selling consumer fireworks from a store shall be $5,000.00, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $5,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain. Such initial license shall expire on January 31 of the year after such initial license was issued. After such 3278 JOURNAL OF THE SENATE initial license, such distributor may annually renew such initial license for $1,000.00 per year, payable to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of $1,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a license for each current or future store of the retail chain. By replacing lines 287 and 288 with the following: owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official." By replacing "(e)" with "(g)" on line 324 and by replacing lines 322 and 323 with the following: (d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands. (e) The governing authority of a county shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand. (f) For purposes of this subsection, the terms 'consumer fireworks' and 'consumer fireworks retail sales stand' shall have the same meanings as provided in Code Section 25-10-1. On the adoption of the amendment, there were no objections, and the Harper, et al. amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Crane N Davenport N Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Orrock N Parent Y Ramsey Y Rhett N Seay Shafer (PRS) Sims Y Stone Y Tate TUESDAY, MARCH 31, 2015 3279 Y Dugan N Fort Y Ginn E Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 43, nays 7. HB 110, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: March 31, 2015 Due to business outside the Senate Chamber, I missed the vote on HB 110. Had I been present, I would have voted NO (NAY). /s/ Mike Crane District 28th At 10:50 p.m. the President Pro Tempore announced that the Senate would stand in recess until 11:30 p.m. At 11:15 p.m. the President called the Senate to order. The following bill was taken up to consider House action thereto: HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senator Thompson of the 14th asked unanimous consent that the Senate adhere to its substitute to HB 202 and that a Conference Committee be appointed. 3280 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Thompson of the 14th, Hill of the 32nd and Hill of the 4th. The following bill was taken up to consider House action thereto: SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide 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 127 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, Burke of the 11th and Ligon, Jr. of the 3rd. The following Senators were excused for business outside the Senate Chamber: Hufstetler of the 52nd Jackson of the 24th The following bill was taken up to consider the Conference Committee Report thereto: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 31, 2015 3281 The Conference Committee Report was as follows: The Committee of Conference on HB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 170 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Gooch of the 51st /s/ Senator Williams of the 19th /s/ Senator Shafer of the 48th /s/ Representative Roberts of the 155th /s/ Representative Smyre of the 135th /s/ Representative Hamilton of the 24th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 170 A BILL TO BE ENTITLED AN ACT To amend various provisions of the Official Code of Georgia Annotated so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Special Joint Committee on Georgia Revenue Structure; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require an annual report from the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to levy a registration fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to reduce the state income tax credits for low-emission vehicles to zero; to provide for the elimination of state sales and use taxes with respect to certain sales of motor fuels; to revise the exemption from sales and use taxes for jet fuel; to provide for revised definitions of certain terms relating to prepaid motor fuel taxes; to provide a limit on local sales taxes on motor fuels; to change the rate and method of computation of the excise tax on motor fuels; to repeal the second motor fuel tax; to provide for editorial revision; to provide for a state fee on hotel or motel room rentals; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," so as to provide revised criteria for determination of eligible projects by the Transportation Infrastructure Bank; to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to change certain provisions relating to 3282 JOURNAL OF THE SENATE the special district transportation sales and use tax pursuant to the Transportation Investment Act of 2010; to provide for future levies to be at a fractional rate; to change procedures and requirements regarding the future imposition of such tax; to change certain provisions regarding the ceiling on the amount of local sales and use taxes; to provide for an additional transportation special purpose local option sales and use tax by counties and municipalities; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for a short title; to provide for appropriations of increases in revenue; 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 SECTION 1-1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows: "CHAPTER 12 28-12-1. (a) There is created the Special Joint Committee on Georgia Revenue Structure which shall consist of 14 members as follows: (1) The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; (2) The majority leader of the Senate and the majority leader of the House of Representatives; (3) The minority leader of the Senate and the minority leader of the House of Representatives; (4) The chairpersons of the Senate Finance Committee and the House Committee on Ways and Means; (5) Three members of the Senate to be appointed by the President of the Senate, two from the majority party and one from the minority party; and (6) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, two from the majority party and one from the minority party. (b) The Special Joint Committee on Georgia Revenue Structure shall elect two persons, one Senator and one Representative, to serve as co-chairpersons of the special joint committee. TUESDAY, MARCH 31, 2015 3283 28-12-2. (a) The Special Joint Committee on Georgia Revenue Structure created in Code Section 28-12-1 shall during the 2016 legislative session cause to be introduced in the House of Representatives one or more bills or resolutions relating to tax reform, and such legislation shall, after its introduction, be referred directly and only to the special joint committee. (b) If the special joint committee recommends that one or more bills or resolutions referred to it do pass or do pass by committee substitute, the measure or measures recommended by the special joint committee shall then be in order for consideration only by the House of Representatives at any time fixed by the Speaker of the House of Representatives. Any such bill or resolution shall be reported directly to the floor of the House of Representatives and shall receive an up or down vote as reported from the special joint committee without amendment. (c) If one or more bills or resolutions referred by the special joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration only by the Senate at any time fixed by the President of the Senate. Any such bill or resolution shall be reported directly to the floor of the Senate and shall receive an up or down vote as reported from the House of Representatives without amendment. (d) Any bills or resolutions considered as provided for in this Code section shall be read three times on three separate days in each house and shall be considered in compliance with all other requirements of the Constitution. (e) The rules of the Senate and the House of Representatives for the 2016 legislative session may, as adopted or as amended, contain such provisions as may be necessary or appropriate to comply with the legislative process specified by this Code section. 28-12-3. This chapter shall stand repealed by operation of law on July 1, 2016." PART II SECTION 2-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows: "32-5-27.1. (a) In addition to the requirements contained in Code Section 32-5-27, the department shall annually prepare and submit to the General Assembly, for approval by the Senate Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines the use of department resources for the upcoming fiscal years. (b) The Senate Transportation Committee and the House Committee on Transportation shall approve the plan and may make recommendations to the Senate Appropriations Committee and the House Committee on Appropriations for their consideration in 3284 JOURNAL OF THE SENATE developing the budget. (c) Such plan shall identify at least the following categories and establish a target percentage of resources to be expended and the respective fund sources in each of the following areas: (1) Construction of new highway projects; (2) Maintenance of existing infrastructure; (3) Bridge repairs and replacement; (4) Safety enhancements; and (5) Administrative expenses. (d) Priority shall be given to expenditure of available resources for maintenance, expansion, and improvement of highway infrastructure in the areas of this state most impacted by traffic congestion and to areas of this state in need of highway infrastructure to aid in attracting economic development to the area. (e) Such plan shall also bring forward all efficiencies found within the bureaucracy of the Department and how those funds have been redirected to road construction." PART III SECTION 3-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (l) of Code Section 40-2-86.1, relating to certain special license plates, as follows: "(7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the this state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term: (i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits electricity, natural gas, TUESDAY, MARCH 31, 2015 3285 and propane. (ii) 'Alternative fueled vehicle' means: (I) Any any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel; or (II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (C) Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph." SECTION 3-2. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 40-2-151, relating to the annual license fees for the operation of vehicles, to read as follows: "(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 (ii) Upon registration of an alternative fueled vehicle operated for commercial purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (B)(i) As used in this paragraph, the term 'alternative fueled vehicle' shall have the same meaning as in division (l)(7)(B)(ii) of Code Section 40-2-86.1; provided, however, that the fees in this paragraph shall not be assessed on vehicles which operate primarily on compressed natural gas, liquefied natural gas, or liquefied petroleum gas. (ii) The fees in this paragraph shall be in addition to any other fee imposed on the vehicle by this Code section. (iii) The fees in this paragraph shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in fuel efficiency from the 3286 JOURNAL OF THE SENATE previous year as measured by using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide against the current fee, and the resulting increase or decrease shall be added or subtracted from the fee. This preliminary fee adjustment shall then be multiplied by the increase or decrease in the Consumer Price Index percentage for the applicable year, and the result will be added or subtracted from the preliminary fee to produce the fee for the year. The first adjustment shall be calculated and implemented on July 1, 2016. The Consumer Price Index shall no longer be used after July 1, 2018." SECTION 3-3. Said title is further amended by adding a new Code section to read as follows: "40-2-151.1. (a) As used in this Code section, the term 'transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. (b) In conjunction with the payment of fees for the licensing of the operation of vehicles pursuant to Code Section 40-2-151, certain heavy vehicles registered in Georgia shall pay a highway impact fee. The annual fees shall be as follows for each such vehicle registered: (1) 15,500 lbs. up to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50.00 (2) Greater than 26,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (c) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (b) of this Code section shall be made available and used exclusively for transportation purposes in this state. (d) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (c) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which an amount is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection." PART IV SECTION 4-1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by revising Code Section 45-12-22, relating to the Governor's TUESDAY, MARCH 31, 2015 3287 authority to suspend the collection of taxes, as follows: "45-12-22. (a) Except as provided in subsection (b) of this Code section, the The Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes. (b) Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel under Code Section 48-9-3 as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section 48-9-2. Any suspension or modification of any rate of state motor fuel taxes under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate." PART V SECTION 5-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows: "(b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be: (1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(B) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be $0.00." SECTION 5-2. Said title is further amended by revising paragraphs (23) and (24) of Code Section 48-82, relating to definitions regarding state sales and use taxes, as follows: "(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to 3288 JOURNAL OF THE SENATE Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14 as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3 and all local sales and use or excise taxes levied on motor fuel. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14 Reserved." SECTION 5-3. Said title is further amended by revising paragraph (33.1) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows: "(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. For purposes of this division, the terms 'qualifying airline' and 'qualifying airport' shall have the same meanings as those terms were defined under the prior provisions of this paragraph as it existed immediately prior to July 1, 2012. (ii) For the period of time beginning July 1, 2012, and ending on June 30, 2015, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from 1 percent of the 4 percent state sales and use tax. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph. TUESDAY, MARCH 31, 2015 3289 (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, not to exceed the rate at which such taxes were levied as of January 1, 2014, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, the term 'qualifying airport' means a certificated air carrier airport in Georgia. (G) On or after July 1, 2017, revenue derived from the levy of sales and use taxes on jet fuel shall be used for a state aviation program or airport related purposes to the extent required to comply with 49 U.S.C. Sections 47107(b) and 47113. Any portion of such revenue so derived which is in excess of the amount required for purposes of such compliance with federal law may be appropriated by the General Assembly for other purposes. (G)(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;" SECTION 5-4. Said title is further amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to sales tax exemptions as applied to motor fuels, as follows: "(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the state sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline, which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article." SECTION 5-5. Said title is further amended by revising subsection (k) of Code Section 48-8-30, relating to the imposition, rate, and collection of state sales tax, as follows: 3290 JOURNAL OF THE SENATE "(k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14 under Code Section 48-9-3." SECTION 5-6. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-8-49, relating to dealers' returns as gross proceeds of sales and purchases, as follows: "(2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14." SECTION 5-7. Said title is further amended by revising paragraphs (2), (3), and (4) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying tax, as follows: "(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in Code Section 488-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made." SECTION 5-8. Said title is further amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows: "48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent, except as provided in subsection (b) of TUESDAY, MARCH 31, 2015 3291 this Code section. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) On or after July 1, 2015, such joint sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 5-9. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the creation of special districts and use of proceeds of the homestead option sales and use tax, as follows: "(b)(1) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent, except as provided in paragraph (2) of this subsection. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (2) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 5-10. Said title is further amended by revising subsection (c) of and by adding a new subsection to Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, to read as follows: "(c) Any Except as provided in subsection (d) of this Code section, any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. 3292 JOURNAL OF THE SENATE (d) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 5-11. Said title is further amended by revising Code Section 48-8-141, relating to imposition of a sales tax for educational purposes, as follows: "48-8-141. (a) Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. The report required pursuant to Code Section 48-8-122 shall be applicable; provided, however, that in addition to posting such report in a newspaper of general circulation as required by such Code section, such report may be posted on the searchable website provided for under Code Section 50-6-32. (b) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 5-12. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 48-8-201, relating to the intergovernmental agreement for the distribution of tax proceeds from the water and sewer projects sales tax, as follows: "(c) In the event a tax imposed under this article is imposed only by the municipality: (1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to: (A) Sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or TUESDAY, MARCH 31, 2015 3293 accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles." "(e) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 5-13. Said title is further amended by revising Code Section 48-9-3, relating to an excise tax on motor fuel, as follows: "48-9-3. (a)(1) An excise tax is imposed at the rate of 7 1/2 26 per gallon on distributors who sell or use motor fuel, other than diesel fuel, within this state. An excise tax is imposed at the rate of 29 per gallon on distributors who sell or use diesel fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (1.1)(A) Beginning on July 1, 2016, and annually thereafter, the amount of this excise tax per gallon on distributors shall be automatically adjusted on an annual basis in accordance with this paragraph. (B) Using 2014 as a base year, the department shall determine the average miles per gallon of all new vehicles registered in this state pursuant to Code Section 48-5C-1 using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide. Beginning on July 1, 2016, and each year thereafter, the department shall calculate the average miles per gallon of all new vehicles registered in this state in the previous year. The excise tax rate shall be multiplied by the percentage increase or decrease in fuel efficiency from the previous year, and the resulting increase or decrease shall be added to the excise tax rate to determine the preliminary excise tax rate. (C) Once the preliminary excise tax rate is established, it shall be multiplied by the annual percentage of increase or decrease in the Consumer Price Index. The resulting calculation shall be added to the preliminary excise tax rate, and the result of such calculation shall be the new excise tax rate for motor fuels for the next calendar year. The Consumer Price Index shall no longer be used after July 1, 2018. (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected. 3294 JOURNAL OF THE SENATE (3) No county, municipality, or other political subdivision of this state shall levy any fee, license, or other excise tax on a gallonage basis upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel. Nothing contained in this article shall be construed to prevent a county, municipality, or other political subdivision of this state from levying license fees or taxes upon any business selling motor fuel. (4)(A) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units and the gallon equivalent of liquefied natural gas shall not be less than 6.06 pounds. (B) As used in this paragraph, the term: (i) 'Compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. (ii) 'Liquefied natural gas' means methane or natural gas in the form of a cryogenic or refrigerated liquid for use as a motor fuel. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions of the Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States; (5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for 1 per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and all of the tax imposed by Code Section 48-9-14; (6) Bulk sales of compressed petroleum gas or special fuel to a duly licensed consumer distributor; (7)(A) Sales of compressed petroleum gas or special fuel to a consumer who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consumers of compressed petroleum gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption. (B)(i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the TUESDAY, MARCH 31, 2015 3295 licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and (ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2; 3296 JOURNAL OF THE SENATE (10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers; or (11) For the period of time beginning July 1, 2013, and ending June 30, 2015, sales of motor fuel to public school systems in this state for the exclusive use of the school system in operating school buses when the motor fuel is purchased and paid for by the school system. (c) Fuel oils, compressed petroleum gas, or special fuel used by a duly licensed distributor for nonhighway purposes is exempt from the tax imposed by this article. (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner." SECTION 5-14. Said title is further amended by repealing in its entirety Code Section 48-9-14, relating to the second motor fuel tax, and designating said Code section as reserved. SECTION 5-15. Said title is further amended by adding a new Code section to read as follows: "48-13-50.3. (a) As used in this Code section, the term: TUESDAY, MARCH 31, 2015 3297 (1) 'Extended stay' means providing lodging for the public for longer than 30 consecutive days to the same customer. (2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. (b) On or after July 1, 2015, each innkeeper in this state shall charge a $5.00 per night fee to the customer, unless it is an extended stay rental, for each calendar day a room, lodging, or accommodation is rented or leased. The innkeeper shall collect the fee at the time the customer pays for the rental or lease of such room, lodging, or accommodation. The innkeeper collecting the fee shall remit the fee on a monthly basis to the department. (c) The commissioner shall promulgate and make available forms for the use of innkeepers to assist in compliance with this Code section. The commissioner shall promulgate rules and regulations as necessary to implement the provisions of this Code section. (d) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (b) of this Code section shall be made available and used exclusively for transportation purposes in this state. (e) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (d) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which an amount is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection." PART VI SECTION 6-1. Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," is amended by revising subsection (b) of Code Section 32-10-127, relating to loans and other financial assistance and the determination of eligible projects, as follows: "(b)(1) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. When determining eligibility, the board shall make every effort to balance any loans or other financial assistance among 3298 JOURNAL OF THE SENATE all regions of this state. (2) Preference for loans may be given to eligible projects which have local financial support in tier 1 and tier 2 counties, as defined in Code Section 48-7-40 and by the Department of Community Affairs. (3) Preference for grants and other financial assistance may be given to eligible projects which have local financial support." PART VII SECTION 7-1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (d) of and adding new subsections to Code Section 48-8-241, relating to the creation of special districts and the tax rate for purposes of a transportation sales and use tax, as follows: "(d) Any Except as otherwise provided in subsection (e) of this Code section, any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to: (1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; or (5) For motor fuel as defined under paragraph (9) of Code Section 48-9-2 for public mass transit. The tax imposed pursuant to this article shall only be levied on the first $5,000.00 of any transaction involving the sale or lease of a motor vehicle. The tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3. (e) Any tax imposed under this article on or after July 1, 2015, may be at a rate of up to 1 percent but shall not be more than 1 percent. Any rate less than 1 percent shall be in an increment of .05 percent. This subsection shall not apply to taxes under this article imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2015. (f) Any tax imposed under this article on or after July 1, 2015, shall be required to TUESDAY, MARCH 31, 2015 3299 expend at least 30 percent of the estimated revenue on projects included in the statewide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-2-22." SECTION 7-2. Said chapter is further amended by revising paragraph (12) of Code Section 48-8-242, relating to definitions relative to Special District Transportation Sales and Use Tax, as follows: "(12) 'Special Regional Transportation Funding Election Act' means an Act specifically and exclusively enacted for the purpose of ordering that a referendum be held for the reimposition of the special district transportation sales and use tax within the region that includes the districts, in their entirety or any portion thereof, of the members from a local legislative delegation in the General Assembly. A majority of the signatures of the legislative delegation for a majority of the counties within the region shall be required for the bill to be placed upon the local calendar of each chamber. This method shall be exclusively used for this purpose and no other bill shall be placed or voted upon on the local calendar utilizing this method of qualification for placement thereon. This Act shall be treated procedurally by the General Assembly as a local Act and all counties within the region shall receive the legal notice requirements of a local Act. Reserved." SECTION 7-3. Said chapter is further amended by revising subsection (c) of Code Section 48-8-245, relating to the collection and cessation of special district transportation sales and use tax, as follows: "(c)(1) No more than a single 1 percent tax under this article may be collected at any time within a special district. (2) Upon the enactment by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of the counties within a special district in which a tax authorized by this article is in effect, an election may be held for the reimposition of the tax while the tax is in effect. Proceedings for the development of an investment list and for the reimposition of a tax shall be in the same manner as provided for in Code Section Sections 48-8-241 and 48-8-243. (3) Following the expiration of the special district transportation sales and use tax under this article, or following a special election in which voters in a special district rejected the imposition of the tax, upon the passage by the General Assembly of a Special Regional Transportation Funding Election Act and the adoption of resolutions by the governing bodies of a majority of counties within a special district, an election may be held for the imposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax. Such subsequent election shall be held on the date of a state-wide general primary. The election superintendents shall issue the call and conduct the election in the manner authorized 3300 JOURNAL OF THE SENATE by general law. The development of the investment list for such special district shall follow the dates established in Code Section 48-8-243 with the years adjusted appropriately, and such schedule shall be posted on a website developed by the state revenue commissioner to be used exclusively for matters related to the special district transportation sales and use tax within 30 days of the later of the state revenue commissioner's receipt of notice from the final county governing body required to adopt a resolution or of the passage of the Special Regional Transportation Funding Election Act by the General Assembly." SECTION 7-4. Said chapter is further amended in subsection (a) of Code Section 48-8-6, relating to the ceiling on local sales and use taxes, by revising paragraphs (4) and (5) and adding a new paragraph to read as follows: "(4) A sales and use tax levied under Article 4 of this chapter; and (5) A sales and use tax levied under Article 5 of this chapter.; and (6) A sales and use tax levied under Article 5A of this chapter." SECTION 7-5. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 5A 48-8-260. As used in this article, the term: (1) 'Dealer' means a dealer as defined in paragraph (8) of Code Section 48-8-2. (2) 'District' means a special district created pursuant to subsection (a) of Code Section 48-8-261. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (4) 'Levy' means the collection within a special district of the tax authorized pursuant to this article. (5) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (6) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of this chapter wherein mass transportation service is provided within the district, to the district, or from the district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. (7) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 situated wholly or partly within a district. (8) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes TUESDAY, MARCH 31, 2015 3301 pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. 48-8-261. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 districts created. (b) On or after July 1, 2015, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is a mass transportation regional system participant; and (3) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales tax, the proceeds of which shall be used only for transportation purposes. (c) On or after July 1, 2017, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; and (2) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales tax, the proceeds of which shall be used only for transportation purposes. 48-8-262. (a)(1) Prior to the issuance of the call for the referendum required by Code Section 48-8-263, any county that desires to levy a tax under this article shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. 3302 JOURNAL OF THE SENATE The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (2) When a qualified municipality or combination of qualified municipalities within the special district whose population within the special district is 90 percent or more of the aggregate population of all qualified municipalities within the special district desires to levy a tax under this article, such qualified municipality or combination of qualified municipalities may deliver or mail written notice to the chief elected official of the governing authority of the county located within the special district calling for a meeting to discuss projects for inclusion in the referendum and the rate of levy of the tax. Such notice shall contain the date, time, place, and purpose of the meeting and shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for a referendum. If the county and all qualified municipalities within the special district do not enter into an intergovernmental agreement meeting the requirements of subsection (b) of this Code section within 30 days after the meeting, the qualified municipality or combination of qualified municipalities within the special district whose population within the special district is 90 percent or more of the aggregate population of all qualified municipalities within the special district may issue the call for a referendum on the levy of a tax under this article. (b)(1) Following the meeting required by subsection (a) of this Code section and prior to any tax being imposed under this article, the county and all qualified municipalities therein shall execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the levy, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects included in the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 322-22; (B) The estimated or projected dollar amounts allocated for each transportation purpose from proceeds from the levy; (C) The procedures for distributing proceeds from the levy to qualified municipalities; (D) A schedule for distributing proceeds from the levy to qualified municipalities which shall include the priority or order in which transportation purposes will be fully or partially funded; (E) A provision that all transportation purposes included in the agreement shall be funded from proceeds from the levy except as otherwise agreed; (F) A provision that proceeds from the levy shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of TUESDAY, MARCH 31, 2015 3303 this article; and (H) Such other provisions as the county and qualified municipalities choose to address. (c)(1) If an intergovernmental agreement is entered into by the county and all qualified municipalities, the rate of the tax may be up to 1 percent. (2) If an intergovernmental agreement is not entered into by the county and all qualified municipalities, the maximum rate of the tax shall not exceed .75 percent and shall be determined by the governing authority of the county. (d)(1) As soon as practicable after the meeting between the governing authorities of the county and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county may by a majority vote on a resolution offered for such purpose submit the list of transportation purposes and the question of whether the levy should be approved to electors of the district in the next scheduled election and shall notify the county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. The maximum period of time shall not exceed five years. 48-8-263. (a)(1) The ballot submitting the question of the imposition of the levy to the voters within the district shall have written or printed thereon the following: '( ) YES ( ) NO Shall a special ___ percent sales and use tax be imposed in the district consisting of _______County for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for transportation purposes?' (2) If debt is to be issued pursuant to an intergovernmental agreement, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All 3304 JOURNAL OF THE SENATE persons desiring to vote in favor of imposing the levy shall vote 'Yes,' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (c) Where such question is not approved by the voters, the county may resubmit such question from time to time upon compliance with the requirements of this article. (d)(1) If the intergovernmental agreement and proposal include the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the levy. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. 48-8-264. (a) If the imposition of the levy is approved at the election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the levy was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the levy shall apply to services billed on or after the effective date specified in the previous sentence. (b) The levy shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of TUESDAY, MARCH 31, 2015 3305 the levy; or (3) As of the end of the calendar quarter during which the commissioner determines that the levy will have raised revenues sufficient to provide to the district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the levy. (c)(1) At any time, no more than a single tax under this article shall be imposed within a district. Any tax imposed under this article may be at a rate of up to 1 percent but shall not be more than 1 percent. Any rate less than 1 percent shall be in an increment of .05 percent. (2) The governing authority of the county in which a levy is in effect under this article may, upon approval of all qualified municipalities, while the levy is in effect, adopt resolutions calling for the reimposition of the levy upon the termination of the levy then in effect; and an election may be held at the next regularly scheduled general election for this purpose while the levy is in effect. Proceedings for the reimposition of a levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (3) Following the expiration of a levy under this article, the county may initiate proceedings for the reimposition of a levy under this article in the same manner as provided in this article for initial imposition of such levy. 48-8-265. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-266. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the 3306 JOURNAL OF THE SENATE determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-267. (a) The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed: (A) Pursuant to the terms of the intergovernmental agreement, if applicable; or (B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. (b) In the event an intergovernmental agreement has not been entered into, distribution of the proceeds shall be as follows: (1) The state auditor shall determine the most recent three fiscal years for which an audit under Code Section 36-81-7 has or should have been made or for which other equivalent, reliable information is available for the county and all qualified municipalities; and (2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of expenditures made for transportation in the fiscal year. The proportional amount for the county and each qualified municipality shall be determined by dividing the average expended on transportation during the most recent three fiscal years by the county or qualified municipality by the aggregate average expended on transportation by the county and all qualified municipalities in the district during the most recent three fiscal years. Amounts expended on transportation include transportation maintenance and operation costs and shall correspond with classifications and subclassifications specified in section 4200, including noncapital expenditures in sections 4210-4270, of the uniform chart of accounts in subsection (e) of Code Section 36-81-3 and shall be reported in the local government audit. Total general fund expenditures by the local government within these categories shall be specified in the footnotes of the audited financial statement. If such transportation expenditures include maintenance and operation costs to support local government airport and transit operations, reported in function 7561 and 7563 of the uniform chart, the general fund costs for those functions shall be included in the footnotes of the local government's audited financial statement. 48-8-268. (a) The levy shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing. (b) The approval of the levy of the tax under this article shall not in any way diminish TUESDAY, MARCH 31, 2015 3307 the percentage of state or federal funds allocated to any of the local governments within the special district levying the tax under the provisions of Code Section 32-5-27. The amount of state or federal funds expended in the county or any municipality within the special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this article for transportation purposes that have a high priority in the statewide strategic transportation plan. 48-8-269. (a) Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to: (1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this article, the tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3. 48-8-269.1. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the levy due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the levy for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-269.2. No levy shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county 3308 JOURNAL OF THE SENATE in which the levy is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier. 48-8-269.3. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the levy. 48-8-269.4. Except as provided in Code Section 48-8-6, the tax authorized under this article shall be in addition to any other local sales and use tax. Except as otherwise provided in this article and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article, and provided that a county is not currently collecting a levy under Article 5 of this chapter, the imposition of a tax under this article shall not affect the imposition of any otherwise authorized local sales and use tax within the special district. 48-8-269.5. (a)(1) The proceeds received from the levy shall be used by the county and qualified municipalities within the district exclusively for the transportation purposes specified in the resolution calling for imposition of the levy. Such proceeds shall be kept in a separate account from other funds of any county and qualified municipality receiving proceeds of the levy and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the levy unless each county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the levy net proceeds sufficient to fully satisfy such liability. General TUESDAY, MARCH 31, 2015 3309 obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by each county from the levy. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on said debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for imposition of the levy may specify that all of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the levy. If the intergovernmental agreement, if applicable, and resolution so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the levy may specify that a part of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the levy received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the levy are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement and resolution shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the levy are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the levy, then any net proceeds of the levy in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the district receives from the levy net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution calling for the imposition of the levy or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-264 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such 3310 JOURNAL OF THE SENATE county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes. 48-8-269.6. Not later than December 31 of each year, the governing authority of each county and each qualifying municipality receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such county or municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county or municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." PART VIII SECTION 8-1. This Act shall be known and may be cited as the "Transportation Funding Act of 2015." SECTION 8-2. It is the intention of the General Assembly, subject to appropriations and other constitutional obligations of this state, that year to year revenue increases be prioritized to fund education, transportation, and health care in this state. PART IX SECTION 9-1. (a) This Act shall become effective on July 1, 2015. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act. SECTION 9-2. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Notes, as required by law, were read by the Secretary: TUESDAY, MARCH 31, 2015 3311 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 12, 2015 Honorable Jay Roberts, Chairman Transportation Committee State Capitol, Room 218 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 170 (LC 34 4437) Dear Chairman Roberts: This bill, which is known as the Transportation Funding Act of 2015, changes the motor fuels sales tax exemption, changes motor fuel excise taxes, and repeals the prepaid portion of the tax. Part II Section 2 redefines alternative fuel vehicles and creates a separate fee for said vehicles. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax. Part IV Section 4-2 (d) and sections 4-3 through 4-6 disallows any new local option sales taxes to be applied to motor fuels. Part IV Section 4-7 changes the excise rate applied to motor fuel from 7.5 cents per gallon to 29.2 cents per gallon for gasoline and 33 cents per gallon for diesel. The changes would be effective July 1, 2015. The bill has no sunset provision. Effect on State Revenues According to analysis by the Georgia State University Fiscal Research Center, the additional revenue to the State from this bill is estimated to range from a low of $703.3 million in fiscal year (FY) 2016 to a high of $1.046 billion in FY 2020. Note due to the inherent uncertainty involved in the estimation of motor fuel prices in future years, these estimates have a high degree of uncertainty. Details of the analysis by the Fiscal Research Center are included in the Appendix to this fiscal note. Table 1 shows the total state transportation funding available as a result of House Bill LC 33 4437. This includes the state baseline motor fuel revenue as well as the new motor fuel revenue generated by House Bill LC 33 4437. 3312 JOURNAL OF THE SENATE Table 1. Total Transportation Funding to the State Resulting from This Bill in millions $/State Fiscal Years 2016 2017 2018 2019 2020 Low Growth $1,779.4 $1,905.7 $1,976.4 $2,049.9 $2,125.3 High Growth $1,792.9 $1,948.3 $2,035.6 $2,127.1 $2,222.3 Part 2 sections 2-1 and 2-2 changes the definition of alternative fuel vehicles and sets registration fees for said vehicles. Alternative fuel vehicles would be only those powered solely by electricity, natural gas, and propane. A registration fee of $200 would be charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the construction price beginning January 1, 2016. Data from the Georgia Department of Revenue (DOR), the Georgia Statistics System and the Energy Information Administration (EIA) was used to estimate the number of qualifying vehicles under the new definition. The construction index annual average increase was calculated from 2004-2013. As those years include the drop in costs due to the great recession, the full average is used in the low growth estimates while the average annual change, with the low year of 2009 removed, is used to estimate the high growth amount. Table 2 shows the additional estimated revenue to the State from Part 2 section 2-2 of this bill. Table 2. Additional Revenue to the State from Part 2 Section 2-2 in millions $/State Fiscal Years 2016 2017 2018 2019 Low Growth $1.8 $4.1 $5.1 $6.2 High Growth $1.9 $4.5 $6.1 $8.0 2020 $7.3 $10.2 Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. However some local sales taxes will not expire, such as the LOST and MARTA, thus adjustments are made to include these ongoing local sales taxes in the prices of motor fuel (see Appendix). Part IV Section 4-7 changes the excise tax from 7.5 cents per gallon for gas and diesel to 29.2 cents per gallon for gas and 33 cents per gallon for diesel. The new excise tax rates will change annually based on the sum of the year over year changes of two metrics, the construction cost index and fleet year over year change in miles per gallon as estimated by DOR. An additional adjustment factor is also included, which accounts for how the changed tax structure and resultant change in International Fuel Tax Association (IFTA) system credits will affect the diesel fuel purchases of long haul truckers. Table 3 shows the additional State revenue raised over the baseline forecasts due to section 4-7. TUESDAY, MARCH 31, 2015 3313 Table 3. Additional Revenue to the State from Part IV Section 4-7 in millions $/State Fiscal Years 2016 2017 2018 2019 Low Fuel Prices $701.5 $837.8 $902.5 $969.7 High Fuel Prices $714.9 $855.5 $906.0 $958.3 2020 $1,038.8 $1,011.5 Note the amounts in Table 3 net out a shift from general fund revenue, raised by the "fourth penny" which can currently be used to fund other types of government spending, to dedicated transportation fund revenue. The amount of this shift is on average $158.6 million annually in the low fuel cost scenario and $171.6 million in the high fuel cost scenario. This increases the amount of funds available for transportation funding, resulting in additional transportation funding of $1.054 billion annually on average in the low fuel cost scenario and $1.067 billion annually on average in the high fuel cost scenario. Table 4 shows the total additional revenue to the State of this bill. Table 4. Total Additional Revenue to the State in millions $/State Fiscal Years 2016 2017 Low Fuel Prices $703.3 $841.5 High Fuel Prices $716.7 $859.1 2018 $906.3 $909.8 2019 $973.7 $962.2 2020 $1,042.9 $1,015.4 Effect on Local Government Revenue Note that local revenue impacts are not estimated in the analysis above. This bill would end local sales taxes on motor fuel as they expire. This would be expected to reduce local revenues over time as these authorized sales taxes expire. However, the bill allows local governments to impose a cents per gallon tax on motor fuel that would reduce these net impacts. Estimated impacts on these effects are in development. Detailed Analysis Details of the analysis by the Fiscal Research Center are included in the Appendix to this fiscal note. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Enclosure: Appendix Details of Analysis by Fiscal Research Center 3314 JOURNAL OF THE SENATE This bill, which is known as the Transportation Funding Act of 2015, changes the motor fuels sales tax exemption, changes motor fuel excise rates, and repeals the prepaid portion of the tax. Part II Section 2 redefines alternative fuel vehicles and creates a separate fee for said vehicles. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax. Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. Part IV Section 4-7 changes the excise rate applied to motor fuel from 7.5 cents per gallon to 29.2 cents per gallon for gasoline and 33 cents per gallon for diesel. The changes would be effective July 1, 2015. The bill has no sunset provision. Baseline Estimates To estimate the State revenue effects of this bill, the estimates of future motor fuel costs from the Energy Information Association (EIA) were used as well as their assumptions on growth of fuel consumption. To estimate the revenue effects of the excise tax increases and other changes, two baseline revenue projections are estimated: a low fuel price revenue estimate and a high fuel price revenue estimate. The EIA publishes a near-term outlook for fuel prices that is released monthly as well as a long-term outlook that is released annually. The price estimates of gasoline and diesel fuel for the calendar years 2015 and 2016 are taken from the short-term outlook published in January 2015, and take into account the recent large drops in oil prices. The EIA forecasts the average price of regular gasoline in 2015 to be $2.33, rising to $2.72 in 2016. This 2016 price forecast, adjusted downward for the current 5 cents per gallon difference in the price of gas nationally and in Georgia, is used as the base year price for both the low price and the high price baseline projections. The prices of motor fuel for the years 2017-2023 are estimated based on the data in the annual long-term outlook published in 2014, before the recent drop in oil prices. This annual report makes a range of long-run forecasts of gasoline and diesel prices, including a reference forecast as well as low and high price scenarios around the reference forecast. For this estimate, due to the steep drop in oil prices after the report was published, the low price forecast is used to project the low fuel price scenario while the reference forecast is used to project the high fuel price scenario. In its low price forecast, EIA projects the price of gasoline in 2020 at $2.88 while the high price scenario (again, EIA's reference forecast) forecasts a 2020 price of $3.49. These low and high 2020 price forecasts are also adjusted down by the current 5 cents per gallon difference between Georgia and national average prices. To fill in the missing years, the annual average rate of price growth implicit in these 2016 to 2020 price forecasts is used for all years. For the low fuel price scenario, this growth rate is approximately 1.47 percent while for the high price scenario the growth rate is approximately 6.54 percent. For diesel, the same methods are used to project prices. TUESDAY, MARCH 31, 2015 3315 The EIA long-range reference forecast also projected annual growth rate for fuel consumption from 2012 through 2020 and beyond. The average projected growth rate for gasoline consumption through 2020 was -1.23 percent per annum in the reference forecast (the high fuel price case herein) and -0.75 percent in the low fuel price case. For diesel, the 2012-2020 average consumption growth rates were projected to be 1.56 percent in the reference (high) case and 1.60 percent in the low price case. These longerrun average growth rates were applied to estimated 2013 consumption of gasoline and diesel fuel in Georgia, as reported by the Federal Highway Administration. Table A1 shows the low fuel price baseline projections, including projected prices per gallon of gasoline and diesel as well as the estimated calendar year revenue at current levels of excise taxation, 7.5 cents per gallon plus additional state revenue from the prepaid portion. Table A2 provides the same baseline forecast information under the high price scenario. Appendix Table A1. Low Price Baseline Motor Fuel Prices, Consumption, and Excise Tax Revenue in millions $/Calendar Years Calendar year 2016 2017 2018 2019 2020 EIA estimated gas prices ($/gal) EIA estimated diesel prices ($/gal) $2.67 $2.71 $2.75 $2.79 $2.83 $3.22 $3.24 $3.26 $3.29 $3.31 Estimated Gas Purchase (in millions of gallons) Estimated Diesel Purchase (in millions of gallons) 4,714 4,678 4,643 4,608 1,309 1,330 1,352 1,373 4,573 1,395 Estimated Revenue At Current Tax Structure total state gas tax $696.5 total state diesel tax $213.7 Total Baseline Motor Fuel Tax Revenue $910.1 $696.3 $217.9 $914.3 $696.3 $222.2 $918.5 $696.2 $226.7 $922.9 $696.3 $231.2 $927.4 Appendix Table A2. High Price Baseline Motor Fuel Prices, Consumption, and Excise Tax Revenue in millions $/Calendar Years Calendar year 2016 2017 2018 2019 EIA estimated gas prices $2.67 $2.84 $3.03 $3.23 EIA estimated diesel prices $3.22 $3.43 $3.65 $3.88 2020 $3.44 $4.13 Estimated Gas Purchase (in millions of gallons) Estimated Diesel Purchase (in millions of gallons) 4,714 4,656 4,598 4,542 1,309 1,330 1,351 1,372 4,486 1,393 3316 JOURNAL OF THE SENATE Estimated Revenue At Current Tax Structure total state gas tax $696.5 total state diesel tax $213.7 Total Baseline Excise Motor Fuel Tax Revenue $910.1 $710.7 $224.7 $935.4 $725.9 $236.6 $962.5 $742.2 $249.2 $991.5 $759.7 $262.9 $1,022.5 Part II Part II sections 2-1 and 2-2 change the definition of alternative fuel vehicles and set registration fees for said vehicles. Alternative fuel vehicles would be only those powered solely by electricity, natural gas, and propane. A registration fee of $200 would be charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the construction price index, beginning January 1, 2016. (Note that the actual wording of the bill is somewhat unclear in that it mentions only the Construction Price Index published by the United States Census Bureau. This is an index that measures the costs of housing construction, it is not the same as the Federal Highway Construction index that measures changes in the prices of highway construction. Also in this section there is no baseline year given. Thus it is assumed that calendar year 2015 is the baseline). Data from the Georgia Department of Revenue (DOR) vehicles registered in Georgia solely powered by electricity, natural gas, or propane was used to estimate the number of vehicles subject to the alternative fuel vehicle fee as well as the growth rate. As of 2014, DOR had 16,304 cars and light duty trucks registered in Georgia that were powered solely by electricity, natural gas or propane. Note the growth rate for zero emission vehicles is quite high, estimated to be 45 percent in 2015 in the high growth scenario and falling to 20 percent by 2020. These high growth rates are assumed to be partially due to the state zero emission vehicle tax credit and these estimates reflect it remaining in place. Growth rates for natural gas and propane vehicles are estimated to be lower, six percent, in the high growth scenario. Some additional adjustments were needed to determine commercial trucks and buses. Thus EIA data was used that has detailed counts of these vehicles nationally for 2012. Georgia data for the number of registered cars and trucks comes from the Georgia statistics system. Data from the EIA was used to estimate the share of commercial trucks. EIA and DOR only list light duty trucks, but other trucks and buses would also be subject to the commercial alternative fuel vehicle fee. Data on the number of buses registered in Georgia is available from the Georgia statistics system. The natural gas association estimates that 20 percent of all new buses in transit services run on compressed natural gas (CNG). Very few other types of buses run on CNG. MARTA has about 500 buses, which represents about 10 percent of the buses in Fulton County. It is assumed that of all registered buses in the state, 10 percent are transit buses and 20 percent of those run on CNG. This generates an estimate of roughly 820 CNG buses in the state. Data on the number of alternative fuel trucks that are not considered light duty was not readily TUESDAY, MARCH 31, 2015 3317 available. Thus it is assumed that there is the same number of these type trucks as buses. The housing construction index annual average increase was calculated from 2004-2013. As those years include the drop in costs due to the great recession, the full average is used in the low growth estimates while the average change with the low year of 2009 removed is used to estimate the high growth range. Part III Section 3-1 This section would seem to limit the Governor's ability to freeze the prepaid portion of the motor fuel tax. However, in section 4-8 of the bill, the whole prepaid code section OCGA 48-9-14 is repealed. This Section is deemed to have no revenue effects. Note local governments will still be imposing local sales taxes on motor fuel and will continue to rely on DOR to set the appropriate price for the tax to be applied to based on this code section Part IV Sections 4-1 and 4-2 This section redefines transportation purposes to include the following: roads, bridges, public transit, rails, airports, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. This section is relevant to local governments but has no state revenue effects. Part IV Section 4-2 extends the state sales tax motor fuel tax exemption to the full state sales tax and removes the "fourth penny" from the general fund. Part IV Section 4-2 (d) and sections 4-3 through 4-6 would disallow any new local option sales taxes to be applied to motor fuels. However, some local sales taxes will not expire, such as the LOST and MARTA taxes; thus adjustments are made to include these ongoing local sales taxes in the prices of motor fuel. To make these adjustments, the top 30 counties in motor fuel sales were examined for FY 2014, which represent 73 percent of all diesel sold and 76 percent of all gas. Based on the data from these counties, a weighted average tax rate was estimated for those counties that will still maintain a 2 percent and 1 percent tax rate due to local option sales taxes that will not expire. For gas this resulted in 42 percent of total state consumption that is taxed at a rate of 1.5 percent without expiration. For diesel this resulted in 55 percent of total state consumption that is taxed at a rate of 1.25 percent without expiration. These rates were converted to a prepaid amount consistent with procedures used in the baseline estimates. The remaining shares of gas and diesel taxed by local option sales taxes are assumed to expire at an equal annual rate over 4 years. This rate was also converted to a prepaid amount consistent with procedures used in the baseline estimates and goes to zero by calendar year 2019. The additional impacts of these sections on local government revenue will be estimated in a later note. Part IV Section 4-7 Section 4-7 changes the excise tax from 7.5 cents per gallon for gas and diesel to 29.2 cents per gallons for gas and 33 cents per gallon for diesel. The excise tax rates will 3318 JOURNAL OF THE SENATE change based on the sum of the year over year changes of two metrics. The first is an index that is to be created by DOR and will be calculated in the following manner: Using 2014 as a base year, the department shall determine the average miles per gallon of all new vehicles registered in this state pursuant to Code Section 48-5C-1 using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide. Beginning on January 1, 2016, the department shall again calculate the average miles per gallon of all new vehicles registered in this state in 2015. Any percentage increase or decrease in fuel efficiency shall be multiplied by the excise tax rate to determine a preliminary excise tax rate. The second is the Construction Price Index published by the United States Census Bureau, referred to earlier in the act. The excise tax will be adjusted in this manner every year with a new excise rate published at the beginning of each calendar year. As the DOR does not currently compute this change in Georgia fleet average fuel economy, data from the EIA was used. Average new vehicle miles per gallon for 2012 were 32.7 with the estimate for 2020 under low fuel price assumptions of 37.9 and with high fuel price assumptions of 38.6. These generate average annual growth rates of 1.85 percent of the low price fuel scenario and 2.10 percent for the high price fuel scenario. As was shown earlier, the construction price index average annual growth rate under a low growth scenario is estimated to be 2.10 percent and 2.82 percent under a high growth scenario. These growth rates above, are used to adjust the excise tax annually. An additional adjustment factor is also included. Currently under Georgia's hybrid tax system, the state "fourth penny" and the local sales tax on motor fuel are not credited to long haul truckers under the IFTA system. Thus when IFTA participating trucks purchase diesel in Georgia, roughly 12 cents per gallon in these taxes does not get credited to the IFTA account. This can have the effect of making diesel more expensive in Georgia when compared to other states. By creating an excise-only motor fuel tax and extending the sales tax exemption on motor fuels to cover the full state sales tax, at the state level all motor fuel taxes would be credited to IFTA. By not allowing local governments to apply a sales tax on motor fuels as their local option taxes expire and only allowing locals to replace them with excise taxes, much of the local tax revenue will also be captured in the IFTA system. This initial change in Georgia's motor fuel tax structure may create an incentive for long haul truckers to buy more motor fuel in Georgia. To account for this change in behavior, data from DOR is used that tracks the gallons of IFTA-credited diesel fuel sold in Georgia in 2014 of 460.3 million gallons, accounting for roughly 36 percent of all diesel purchased in 2014. It is assumed that the current IFTA differential in Georgia credits of 12.2 cents is a price reduction in diesel due to the new excise tax structure. Using the elasticity for gas and diesel of 0.43, as is used in the TUESDAY, MARCH 31, 2015 3319 baseline estimates, generates an additional 46.3 million gallons of diesel fuel purchased annually in Georgia. As the effective date of the law is July 1, 2015, this additional fuel sale is added half to 2015 and half to 2016. This is used in our low price fuel scenario. It is possible that long haul truckers have a higher price elasticity for diesel than the average diesel consumer, due to the large fuel capacity long haul trucks have, giving them greater choice as to where to fill up. To account for this, the elasticity is increased by 50 percent to 0.645, which increases the amount of diesel fuel purchased to 69.5 million gallons. This adjustment factor is added to the high fuel price scenario in the same manner as the low fuel price scenario. DOR data indicate that the amount of payments made into the state for miles traveled without fuel purchased generally is offset by payments made by the state for extra fuel purchased in Georgia for miles driven out of state. Thus, the revenue effect is limited to the behavioral change induced by the change in tax structure. Note there are many things that can influence a truck driver's decision to purchase diesel, beside IFTA tax treatment. Thus these estimated price effects likely represent an upper bound. Also some local governments will continue to charge sales tax on diesel as some local option sales taxes do not expire, such as the LOST and MARTA taxes. Note the amounts in Table A3 represent a shift from general fund revenue, raised by the "fourth penny" which can be used to fund other types of government spending, to dedicated transportation fund revenue. The amount of this shift of the "fourth penny" is on average $158.6 million annually in the low fuel cost scenario and $171.6 million in the high fuel cost scenario. This increases the amount of funds available for transportation funding, resulting in additional transportation funding of $1.0536 billion annually on average in the low fuel cost scenario and $1.0670 billion annually on average in the high fuel cost scenario. See tables A3 and A4 for details. Table A3. Loss of General Fund Revenue to the State in millions $/State Fiscal Years Low Fuel Prices High Fuel Prices 2016 $167.8 $167.8 2017 $153.7 $157.5 2018 $155.4 $167.1 2019 $157.2 $177.4 2020 $159.0 $188.3 5 Year Average $158.6 $171.6 Table A4. Net Additional Transportation Revenue to the State in millions $/State Fiscal Years Low Fuel Prices High Fuel Prices 2016 $871.1 $884.7 2017 $995.5 $1,017.4 2018 $1,063.0 $1,079.2 2019 $1,133.1 $1,143.6 2020 $1,205.1 $1,209.9 5 Year Average $1,053.6 $1,067.0 3320 JOURNAL OF THE SENATE 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 20, 2015 Honorable Tommie Williams, Chairman Senate Transportation Committee 110-B State Capitol Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 170 (LC 34 4630S) Dear Chairman Williams: This bill is the Senate version of the Transportation Funding Act of 2015. It proposes to make several changes to the state excise tax on motor fuels, state and local sales taxes on motor fuels, and other provisions of Title 48 as detailed below. The effective date of the proposed changes would be July 1, 2015 with the exception of the income tax credit proposed in Section 5-1A of the bill, which would be effective for tax years beginning on or after January 1, 2016. According to an analysis by the Georgia State University Fiscal Research Center, The provisions of the bill affecting general fund revenues or revenues dedicated to transportation purposes are as follows: Section 2-2 of the bill states that it is the intention of the General Assembly to make $250 million per year available to the Department of Transportation (GDOT) to be used exclusively for debt service. While this provision does not affect state revenues and is subject to annual appropriations, assuming such funds are appropriated each year, it would reduce general fund balances available for other purposes and increase GDOT funding available for transportation purposes. Sections 3-1 and 3-2 are identical to Sections 2-1 and 2-2 of the House passed version of House Bill (HB) 170. General fund revenue effects arise from the TUESDAY, MARCH 31, 2015 3321 imposition under Section 3-2 of a highway user impact fee on Georgia registered alternative fueled vehicles of $200 annually for non-commercial vehicles and $300 annually for commercial vehicles, adjusted annually for consumer price inflation beginning July 1, 2016. Section 3-3 imposes a highway user impact fee on all Georgia registered motor vehicles, including on alternative fueled vehicles (in addition to the amounts under section 3-2), in the amounts of $50 annually for truck tractors and buses, $10 annually for motorcycles, and $25 annually for all other vehicles and are not to be adjusted for future inflation. The fees collected under Section 3-3 of the bill are intended, subject to appropriations, to be used solely for transportation projects in the state. Section 5-1 eliminating the low-emission and zero emission vehicles (LEV/ZEV) credit, is identical to Section 4-1 of the House passed version and increases general fund revenues. Section 5-1A provides an income tax credit for qualified motor carriers for local sales and use tax on diesel fuel purchased in Georgia when such purchases are reported as tax paid gallons on such carriers' motor fuel tax returns under the International Fuel Tax Agreement (IFTA). Section 5-3, corresponding in part to Section 4-2A of the House passed version, eliminates the partial sales and use tax exemption for jet fuel for qualified airlines. Revenue gains from this provision are, to the extent required by federal law, dedicated to aviation or airport related purposes. However, in addition to the jet fuel exemption, this section also repeals both the back-to-school and energy/water efficient products sales tax holidays currently scheduled, respectively, for July 31 to August 1, 2015, and October 2-4, 2015. The revenue gains from repealing the sales tax holidays are to the general fund, but only affect FY 2016. Section 5-4 extends the Code Section 48-8-3.1 partial motor fuel tax exemption from the state sales and use tax from the first 3 percent to the full 4 percent state sales tax, the "fourth penny" of which currently goes to the general fund. Sections 5-8 through 5-12 set a maximum amount of certain local sales and use taxes due per gallon of motor fuel. The amount of tax per gallon is set semiannually (or more frequently under certain circumstances) by multiplying the applicable tax rate by the state-wide average retail price per gallon, net of state and local taxes, by motor fuel type as specified in Code Section 48-8-2, paragraph (23), as amended by Section 5-2 of this bill. Under this bill, the retail sale price per gallon used in such calculation may not be more than $3.39 for any motor fuel type. Local taxes affected by these bill sections are joint county and municipal (LOST), homestead option (HOST), special purpose local option (SPLOST), and water and sewer projects (MOST) sales taxes as well as the sales tax for 3322 JOURNAL OF THE SENATE educational purposes (ESPLOST). The bill is silent with regard to so-called second LOST taxes under Code Section 48-8-96 and sales taxes levied in eight counties by pre-1983 local constitutional amendments, but these taxes are assumed to be affected by the Section 5-8 changes to LOST for purposes of their application to motor fuels. The bill makes no changes with regard to the MARTA sales tax, which also applies to motor fuels. Section 5-13 increases the state excise tax on motor fuels from 7.5 to 24 cents per gallon and provides for annual adjustments for consumer price (CPI) inflation beginning July 1, 2016. Section 5-14 repeals the second motor fuels tax, Code Section 48-9-14, in its entirety. Section 5-15 imposes a $5.00 per day fee on rental motor vehicles, as defined in Code Section 48-13-91, for each day such vehicle is rented or leased. Revenues from this fee are intended, subject to appropriations, to be used solely for transportation projects in the state. Details of the analysis by the Fiscal Research Center are included in the Appendices to this fiscal note. The appendices are organized as follows: Appendix I covers the changes to state motor fuels taxes in Sections 5-4, 5-13, and 5-14. Appendix II covers all other changes to state taxes. Appendix III covers local revenue effects. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Enclosures: Appendix I State Revenue and Transportation Funding Effects of Motor Fuels Tax Changes Appendix II State Revenue and Transportation Funding Effects of Other Provisions Appendix III Local Revenue Effects of Sections 5-8 through 5-12 Section 5-4 of the bill extends the Code Section 48-8-3.1 partial motor fuel tax exemption from the state sales and use tax from the first 3 percent to the full 4 percent state sales tax, TUESDAY, MARCH 31, 2015 3323 the "fourth penny" of which currently goes to the general fund. Section 5-14 repeals the 3 percent state second motor fuels tax, the revenues from which are currently dedicated to transportation. Section 5-13 increases the state excise tax on motor fuels from 7.5 cents per gallon to 24 cents per gallon effective July 1, 2015. Beginning July 1, 2016, the excise tax rate will be adjusted annually for inflation based on the year-over-year change in the Consumer Price Index (CPI). The estimation procedures for the effects of these changes first require development of baseline projections for taxes on motor fuels under current law as described below, followed by proforma projections under the proposed law. Baseline Estimates under Current Law To estimate the state revenue effects of LC 34 4630S, the estimates of future motor fuel costs from the Energy Information Association (EIA) were used as well as their assumptions on growth of fuel consumption. To estimate the revenue effects of the excise tax increases and other changes, two baseline revenue projections are estimated: a low fuel price revenue estimate and a high fuel price revenue estimate. The EIA publishes a near term outlook for fuel prices that is released monthly as well as a long-term outlook that is released annually. The price estimates of gasoline and diesel fuel for the calendar years 2015 and 2016 are taken from the short-term outlook published in January 2015, and take into account the recent large drops in oil prices. The EIA forecasts the average price of regular gasoline in 2015 to be $2.33, rising to $2.72 in 2016. This 2016 price forecast, adjusted downward for the current 5 cents per gallon difference in the price of gas nationally and in Georgia, is used as the base year price for both the low price and the high price baseline projections. The prices of motor fuel for the years 2017-2023 are estimated based on the data in the annual long-term outlook published in 2014, before the recent drop in oil prices. This annual report makes a range of long-run forecasts of gasoline and diesel prices, including a reference forecast as well as low and high price scenarios around the reference forecast. For this estimate, due to the steep drop in oil prices after the report was published, the low price forecast is used to project the low fuel price scenario while the reference forecast is used to project the high fuel price scenario. In its low price forecast, EIA projects the price of gasoline in 2020 at $2.88 while the high price scenario (again, EIA's reference forecast) forecasts a 2020 price of $3.49. These low and high 2020 price forecasts are also adjusted down by the current 5 cents per gallon difference between Georgia and national average prices. To fill in the missing years, the annual average rate of price growth implicit in these 2016 to 2020 price forecasts is used for all years. For the low fuel price scenario, this growth rate is 3324 JOURNAL OF THE SENATE approximately 1.47 percent while for the high price scenario the growth rate is approximately 6.54 percent. For diesel, the same methods are used to project prices. The EIA long-range reference forecast also projected annual growth rate for fuel consumption from 2012 through 2020 and beyond. The average projected growth rate for gasoline consumption through 2020 was -1.23 percent per annum in the reference forecast (the high fuel price case herein) and -0.75 percent in the low fuel price case. For diesel, the 2012-2020 average consumption growth rates were projected to be 1.56 percent in the reference (high) case and 1.60 percent in the low price case. These longer-run average growth rates were applied to estimated 2013 consumption of gasoline and diesel fuel in Georgia, as reported by the Federal Highway Administration. Table I.1 shows the low fuel price baseline projections, including projected prices per gallon of gasoline and diesel as well as the estimated calendar year revenue at current levels of excise taxation, 7.5 cents per gallon, plus the second motor fuels tax at the 3 percent rate. Table I.2 provides the same baseline forecast information under the high price scenario. State sales and use tax revenue from the "fourth penny" under the same baseline scenarios is projected as shown in Table I.3. Table I.1. Low Price Baseline Fuel Prices, Consumption, & Motor Fuel Tax Revenue Millions $/Calendar Years 2016 2017 2018 2019 2020 EIA estimated gas prices /gal $2.67 $2.71 $2.75 $2.79 $2.83 EIA estimated diesel prices /gal $3.22 $3.24 $3.26 $3.29 $3.31 Estimated Gas Purchase (millions of gallons) 4,714 4,678 4,643 4,608 4,573 Estimated Diesel Purchase (millions of gallons) 1,309 1,330 1,352 1,373 1,395 Estimated Revenue At Current Tax Structure Total state gas tax $696.5 $696.3 $696.3 $696.2 $696.3 Total state diesel tax $213.7 $217.9 $222.2 $226.7 $231.2 Total Baseline Motor Fuel Tax Revenue $910.1 $914.3 $918.5 $922.9 $927.4 Table I.2. High Price Baseline Fuel Prices, Consumption, & Motor Fuel Tax Revenue Millions $/Calendar year 2016 2017 2018 2019 2020 EIA estimated gas prices /gal $2.67 $2.84 $3.03 $3.23 $3.44 EIA estimated diesel prices /gal $3.22 $3.43 $3.65 $3.88 $4.13 Estimated Gas Purchase (millions of gallons) 4,714 4,656 4,598 4,542 4,486 Estimated Diesel Purchase (millions of gallons) 1,309 1,330 1,351 1,372 1,393 Estimated Revenue At Current Tax Structure Total state gas tax $696.5 $710.7 $725.9 $742.2 $759.7 Total state diesel tax $213.7 $224.7 $236.6 $249.2 $262.9 TUESDAY, MARCH 31, 2015 3325 Total Baseline Motor Fuel Tax Revenue $910.1 $935.4 $962.5 $991.5 $1,022.5 Table I.3. State Sales and Use Tax Revenue to the General Fund under Current Law ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Low Fuel Price Baseline $167.8 $153.7 $155.4 $157.2 $159.0 High Fuel Price Baseline $167.8 $157.5 $167.1 $177.4 $188.3 Proforma Estimates under the Proposed Law The proposed changes in the state excise tax, combined with the elimination of the second motor fuels tax and the "fourth penny" state sales tax, the capping of local sales taxes on motor fuels under Sections 5-8 through 5-12, and other changes under the bill, are expected to have behavioral effects on fuel consumption and thus revenues. These expected effects arise first if the tax inclusive fuel price changes as a result of the tax changes and second because of the unequal treatment of excise and sales taxes under IFTA. Under the two fuel price scenarios, the effect of the proposed changes is to increase tax inclusive prices of gasoline by between 2.4 and 3.0 percent and diesel fuel by between 1.2 and 1.9 percent on average over the 2016-2020 period compared to the current law baseline prices, resulting in a behavioral response by fuel purchasers. Inflationary adjustments to the excise tax in the low and high fuel price cases are based, respectively, on the average annual rate of CPI inflation from 2004 through 2014 (about 2.3 percent annually) and the average over the same period excluding 2009 (about 2.6 percent). The price elasticity of fuel purchasers assumed in both cases to estimate the behavioral response is -0.43, based on estimates from the economic literature, or a 0.43 percent decline in consumption for a 1 percent increase in price. An additional adjustment factor accounts for the IFTA treatment of sales versus excise taxes. Currently, under Georgia's hybrid tax system, the state "fourth penny" and the local sales taxes on motor fuel are not credited to long haul truckers under the IFTA system while state excise taxes are credited. Thus when IFTA participating trucks purchase diesel in Georgia, roughly 12 cents per gallon in these taxes does not get credited to the IFTA account. This can have the effect of making diesel more expensive in Georgia on an after tax basis when compared to other states. By creating an excise only state motor fuel tax and extending the sales tax exemption on motor fuels to cover the full state sales tax, all state motor fuel taxes would be credited to the carrier under IFTA. The proposed change in Georgia's motor fuel tax structure reduces the existing disincentive for IFTA carriers to buy motor fuel in Georgia. The proposed income tax credit under Section 5-1A of the bill for local sales taxes on motor fuel for IFTA carriers would likely have a similar effect for those able to utilize the credit against their Georgia income tax liability. 3326 JOURNAL OF THE SENATE To account for this change in incentives, it is assumed that the current IFTA differential in Georgia credits, when eliminated as a result of the proposed changes, together with the retail price effects of higher total fuel taxes and the income tax credit, represents an average effective price reduction in diesel of 6.4 cents per gallon. DOR reports the gallons of IFTA credited diesel fuel purchased in Georgia in 2014 at 460.3 million gallons, roughly 36 percent of all diesel purchased in the state in 2014. Using the estimated price elasticity for gas and diesel of -0.43, an additional 24 million gallons of diesel fuel would be expected to be purchased annually in Georgia compared to the low price baseline. As the effective date of the law is July 1, 2015, there is a half year effect on diesel sales in calendar 2015. It is possible that the long haul truckers in the IFTA system have a higher price elasticity for diesel than the average diesel consumer due to the large fuel capacity of long haul trucks, giving them greater flexibility as to where or when to fill up. To account for this, the elasticity is increased by 50 percent to -0.65 for the high price scenario, increasing the response in terms of the amount of diesel fuel purchased to 36 million gallons. The additional motor fuel tax revenues from these additional fuel purchases are included in the proforma projections of revenues for each scenario under the proposed law. Table I.4 below provides the projected state motor fuel tax revenue under the proposed bill and the changes from current law baseline projections, the latter indicating the effect on revenues dedicated to transportation from these bill provisions. Table I.4. Proforma State Motor Fuel Tax Revenue for Transportation and Change from Current Law ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Motor Fuel Excise Tax Revenue: Low Fuel Price Scenario $1,353.1 $1,484.0 $1,514.2 $1,545.2 $1,577.0 High Fuel Price Scenario $1,357.1 $1,490.9 $1,521.6 $1,553.2 $1,585.7 Change from Baselines: Low Fuel Price Scenario $410.3 $418.1 $442.4 $467.3 $492.8 High Fuel Price Scenario $414.2 $410.6 $405.5 $398.8 $390.5 Sections 3-1 through 3-3 Highway User Impact Fees Sections 3-1 and 3-2 change the definition of alternative fuel vehicles and set registration fees for said vehicles. Alternative fuel vehicles are now only those powered solely by electricity, natural gas, and propane. A registration fee of $200 is charged for noncommercial vehicles and $300 for commercial vehicles. These fees are to be adjusted annually by the change in the Consumer Price Index (CPI) beginning January 1, 2016. Data from the Georgia Department of Revenue (DOR), the Georgia Statistics System and the Energy Information Administration (EIA) were used to estimate the number of qualifying vehicles under the new definition. TUESDAY, MARCH 31, 2015 3327 The CPI annual average change was calculated from 2003-2014. As those years include the drop in costs due to the great recession the full average is used in the low growth estimates while the average annual change with the low year of 2009 removed, is used to estimate the high growth amount. Table II.1 shows the additional estimated revenue to the state from House Bill LC 34 4630S sections 3-1 and 3-2. Table II.1. State General Fund Revenue from Highway User Impact Fees for Alt. Fueled Vehicles ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Low Growth $1.6 $3.2 $3.5 $3.7 $4.0 High Growth $1.6 $3.4 $3.7 $3.9 $4.2 Section 3-3 adds the highway user impact fees to be dedicated, subject to appropriations, to transportation, as shown in Table II.2. Table II.2. State Transportation Funds from Highway User Impact Fees for All Vehicles ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Revenue $201.3 $203.6 $205.8 $208.1 $210.4 Section 5-1 Elimination of LEV/ZEV Tax Credit Table II.3. Additional State Revenue from LEV/ZEV Credit Repeal ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Revenue Gain $65.6 $95.6 $124.3 $155.6 FY 2020 $187.2 Section 5-1A Income Tax Credit for IFTA Motor Carriers Table II.4. State Income Tax Revenue Effect of Credit for IFTA Carriers ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Low Fuel Price Scenario ($15.78) ($15.39) ($15.73) ($16.09) High Fuel Price Scenario ($43.22) ($43.10) ($45.08) ($46.05) FY 2020 ($16.45) ($47.05) Section 5-3 Repeal of Partial Jet Fuel Exemption and Sales Tax Holidays Section 5-3 repeals the jet fuel exemption for qualified airlines. The revenue effect of the repeal of the jet fuel partial exemption has been estimated previously in fiscal notes and the Tax Expenditure Report for FY 2016. These previous estimates provide the bases for the estimates summarized in Table II.5. Section 5-3 also repeals the two sales tax holidays have been estimated previously in fiscal notes, the Tax Expenditure Report for FY 2016, or both. These previous estimates provide the bases for the estimates summarized in Table II.5. 3328 JOURNAL OF THE SENATE Table II.5. Revenue Effect of Repeal of Jet Fuel Exemption and Sales Tax Holidays ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Jet Fuel Exemption $21.4 $26.1 $28.9 $30.2 $31.6 Sales Tax Holidays $42.4 Total Revenue Effect of 5-3 $63.8 $26.1 $28.9 $30.2 $31.6 Section 5-15 Rental Car Fee Section 5-15 imposes a new $5 daily fee on all vehicles rented from rental car companies located in the state. The estimate assumes that a rental day is defined in the same manner that the rental car operation computes a rental day. The projected revenue gain to the state from this fee is shown in Table II.6. The fee will apply to all vehicles rented on or after July 1, 2015. The revenue estimate is based on national rental car revenue data shared down to represent activity in Georgia. National revenue and volume data was obtained from Auto Rental News for 2013 and 2014 and from various company annual financial reports. The revenue data was shared to Georgia based on employment figures for 2012 and 2013 from the U.S. Census Bureau for the NAICS code 532111. The Georgia industry revenue was divided by a revenue per day figure of about $40 to determine the number of transaction days for the rental car industry in Georgia in 2014. The revenue estimate assumes an annual growth rate of 1.9 percent annually. Table II.6. Revenue Effects of Rental Car Fee ($ millions) FY 2016 FY 2017 Revenue Gain $34 $69 FY 2018 $71 FY 2019 $72 FY 2020 $73 Table III.1. Change in Revenue to Local Governments from LC 34 4630S ($ millions) FY 2016 FY 2017 FY 2018 FY 2019 Low Fuel Price Scenario ($1.4) ($2.9) ($3.1) ($3.4) High Fuel Price Scenario ($0.9) ($2.2) ($6.4) ($14.3) FY 2020 ($3.6) ($25.7) UNIVERSITY of West Georgia _____________________________________________________________________ Richards College of Business Department of Economics Carrollton, Georgia 30118-3000 RE: Estimated Revenue Generated in Georgia from a $5-Per Day Tax on Hotel/Motel Stays The Center for Business and Economic Research in the Richards College of Business estimates the revenue generated from a 5-dollar per day tax on hotel and motel stays to be $158.1 million. The estimate is based on the number of room-days estimated from Georgia's share of U.S. travel visits and the average occupancy rate across the U.S. The exemption for TUESDAY, MARCH 31, 2015 3329 extended stays of 30 days or more is not broken out separately. However, the estimate provided is conservative. Extended stays account for less than 0.5% of hotel/motel stays nationally, and are not expected to substantially reduce revenues. /s/ William J. (Joey) Smith Department of Economics Richards College of Business Senator Gooch of the 51st moved that the Senate adopt the Conference Committee Report on HB 170. Senator Crane of the 28th, pursuant to Senate Rule 3-1.4 (f), asked the President to rule on the adequacy of the fiscal notes on the report of the conference committee on HB 170. The President ruled that the fiscal notes that were attached to and had traveled with the bill, along with the informational report attached constituted an adequate fiscal note. Senator Gooch of the 51st moved the previous question. On the adoption of the motion, the yeas were 33, nays 11, and the motion for the previous question was adopted. On the motion to adopt the Conference Committee Report, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E N Jones, H Y Kennedy N Kirk N Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims N Stone Y Tate N Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 3330 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 12; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 170. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 31, 2015 3331 The Speaker has appointed on the part of the House, Representatives Willard of the 51st, Hamilton of the 24th, and Beskin of the 54th. Senator Cowsert of the 46th asked unanimous consent that HB 71, HB 84, HB 361, HB 436, HB 408, HB 268, HB 568, HB 20, HB 95, HB 104, HB 114, HB 152, HB 567, HB 524, HB 474, HB 180, HB 206, HB 210, HB 217, HB 221, HB 426, HB 416, HB 401, HB 375, HB 374, HB 352, HB 266, HB 275, HB 288, HB 316, HB 341, HB 409, HB 261, HB 89, HB 232, and HB 245 be placed on the Table. The consent was granted, and the bills were placed on the Table. Senator Jones of the 25th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. The Senate Committee on Transportation offered the following substitute to HB 213: 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 provide for the restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; to provide for the staggering of new board members when a county joins the Authority; to provide for the acquisition and disposition of certain property; to provide for the process by which contracts for concessions shall be awarded; to provide for suspensions from the system and property for violations of rules and regulations; to provide for the inclusion of certain items in an independent management audit; to provide for the issuance of citations; to provide for an appeals process; to provide for the appointment of hearing officers; to provide for a hearing; to provide for the appeal of decisions to superior court; to provide for the authority to 3332 JOURNAL OF THE SENATE pursue legal action for the collection of fines; to provide for the rate of a sales and use tax; to provide for the retail sales and use tax when a county joins the Authority; to provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), is amended by revising subsections (a) and (b) of Section 6 as follows: "(a) On and after January 1, 2017, the Board of Directors of the Authority shall be reconstituted and composed of 11 voting members and two nonvoting members. Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; four members shall be residents of DeKalb County with three of the four appointees to be appointed by the Board of Commissioners governing authority of DeKalb County and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost northernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the southernmost northernmost corporate boundaries of the City of Decatur and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County and one of such members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by a majority vote of the Fulton County Board of Commissioners, and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by a majority vote of a caucus of mayors of the municipalities of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Fulton or DeKalb County a participating jurisdiction to be appointed by the Governor; one nonvoting member shall be the Commissioner of the Department of Transportation; and one nonvoting member shall be the Executive Director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this section in office as of January 1, 2017, shall serve initial terms of office as follows: two of the three appointees of the governing authority of DeKalb County Board of Commissioners, two of the three appointees of the Mayor and City Council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than December 1, 2016, all board members shall be appointed and each local governing authority or caucus shall designate which board TUESDAY, MARCH 31, 2015 3333 members shall serve an initial term of two years. After the initial two-year terms of those five board members described in this subsection, that governing body authority or caucus which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body authority or caucus makes its other appointments to the Board. Those board members in office on May 31, 2014, shall serve until December 31, 2016. The Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation shall become be nonvoting members of the Board on the effective date of this sentence and shall serve while holding their State offices; provided, however, that notwithstanding any provisions of this Act to the contrary, the Executive Director of the Georgia Regional Transportation Authority shall be a voting member of the Board until December 31, 2016. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the appointing entity which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself or herself for one four-year term; provided, however, that board membership prior to January 1, 2017, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the appointing entity prior to the expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (b) The local governing bodies of Clayton, Cobb, and Gwinnett counties may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the Authority, all in accordance with the provisions of Section 24 of this Act. The local governing bodies of these counties shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, the county entering into such contract shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of the county may then appoint two residents of the county to the Board of Directors of the Authority,. The local governing body shall designate one such resident to serve an initial term ending on the 31st day of December in the second full year after the year in which the referendum approving said rapid transit contract was held and one such resident to serve a an initial term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this 3334 JOURNAL OF THE SENATE Section 6 to the contrary notwithstanding, be composed of such additional members. Upon the conclusion of the initial terms provided for in this subsection, the local governing body which appointed the member for that initial term shall appoint a successor thereto for a term of office of four years." SECTION 2. Said Act is further amended by revising subsections (a), (f), and (g) of Section 14 as follows: "(a) Except in the acquisition or disposition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority, acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. No acquisition or disposition of any unique property unobtainable in the open market shall be made without the express approval of the Board where the amount involved is $25,000.00 $200,000.00 or more. Nothing in this Section shall apply to contracts for professional services or the personal services of employees, or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants and advisors." "(f) All concessions granted by the Authority for the sale of products or the rendition of services for a consideration on Authority property shall be awarded only pursuant to written specifications after competitive bidding procurement and to the highest responsible bidder respondent in a manner similar to that required in subsection (b). (g) Contracts for the sale, lease, or other disposition of real property owned by the Authority shall be awarded only after competitive bidding procurement and to the highest responsible bidder respondent in a manner similar to that required in subsection (b), provided that such competitive bidding procurement procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange, or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another." SECTION 3. Said Act is further amended by revising subsection (e) of Section 17 as follows: "(e) Not later than December 31, 2016, and every four years thereafter, the Authority shall cause to be performed an independent management audit on the condition of management of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee. Such management audit shall include the TUESDAY, MARCH 31, 2015 3335 auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary. The management audit shall be submitted to the Board of the Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year in which it is required. The management audit shall be performed at the expense of the Authority." SECTION 4. Said Act is further amended by revising subsection (a) of Section 20 as follows: "(a)(1) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees, and patrons. (2) Violations of such rules and regulations governing the conduct of the public in or upon the Authority's transportation system shall be punishable by a civil fine or penalty in an amount set by the Board. may be punished by a suspension from the use of Authority services and presence on Authority property for a period of time to be set by the Board or a civil fine or both, provided that such fine shall be no more than $300.00. (3) A citation shall be issued for violations of such rules and regulations which shall include notice of suspension from the use of Authority services and presence on Authority property or the civil fine amount or both, as applicable. Such citation shall also state at the top of the citation and in a print size no smaller than the largest print size used on the citation: (A) That the suspension or civil fine or both may be appealed as provided for in paragraph (4) of this subsection; (B) The procedures by which such appeal shall be requested, including the mailing, overnight delivery, and hand delivery address to be used for such requests, specifying the required methods of delivery; (C) That such suspension or civil fine or both shall be deemed final if no appeal is made within 30 days; and (D) That if no appeal is made, use of Authority services or entry upon Authority property is forbidden and subsequent use of services or entry upon property during a period of suspension shall constitute criminal trespass under Code Section 16-7-21 of the O.C.G.A. (4) A citation may be appealed to the Authority by written request by registered or certified mail, statutory overnight delivery, or hand delivery within 30 days of the issuance of such citation. Within ten days of receipt of a request for a hearing, the Authority shall respond to the person requesting a hearing to schedule a hearing date, which shall be no later than 30 days from the receipt of the request. If no hearing is requested within 30 days of the issuance of a citation, the suspension or fine issued shall be deemed final and become effective immediately. (5) The Board shall hire a neutral licensed attorney to be known as the hearing officer 3336 JOURNAL OF THE SENATE to hear the appeal. Such attorney shall be a member in good standing with the State Bar of Georgia, have been in the practice of law for at least five years, and be appointed for one or more terms of two years subject to removal by majority vote of the Board only for good cause. The Board may appoint more than one neutral licensed attorney to serve as hearing officers subject to the requirements of this paragraph should the case load so require. (6) The hearing shall, with respect to rules of evidence and procedure, be conducted in accordance with Chapter 13 of Title 50 of the O.C.G.A, the 'Georgia Administrative Procedure Act.' (7) Within 30 days after the final decision from the hearing officer, a petition may be filed in superior court of the county where the alleged conduct occurred that resulted in a citation. A copy of the petition shall be served upon the Authority. The petition shall state that the petitioner is aggrieved by the decision and the grounds upon which the petitioner contends the decision should be reversed. The filing of a petition for judicial review in superior court does not itself stay enforcement of the citation. The court may reverse or modify the decision if substantial rights of the petitioner have been prejudiced because the decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record. (8) The Authority may pursue any and all legal remedies for the collection of outstanding fines. (9) All rules and regulations governing the conduct of the public in or upon the Authority's transportation system and the length of suspension or civil fine or penalty for infraction of such rules and regulations shall be posted in a prominent location on the Authority's website." SECTION 5. Said Act is further amended by revising paragraph (1) and subparagraph (2)(A) of subsection (b) and subsection (i) of Section 25 as follows: "(b)(1) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2047 2057, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. (2)(A) A local governing body which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of this Section may enter into a rapid transit contract to provide public transportation services and facilities other than any extension of or addition to the Authority's existing rail rapid transit system and may levy a retail sales and use tax authorized under subsection (a) of this Section at the rate of either one-half (1/2%) percent or one (1%) percent, as determined by that contract between such local governing body and the Authority. Such contract shall require that the costs of the transportation TUESDAY, MARCH 31, 2015 3337 services and facilities contracted for, as determined by the Board of Directors on the basis of reasonable estimates, allocation of costs and capital, and projections shall be borne by one or more of the following: (i) Fares; (ii) The proceeds of the tax levied in accordance with this subparagraph; (iii) Other revenues generated by such services and facilities; and (iv) Any subsidy provided, directly or indirectly, by or on behalf of that local governing body which is the party to the contract. Notwithstanding any limitation in subsection (i) of this Section or any other provision of this Act, the proceeds of the retail sales and use tax levied pursuant to this subparagraph may be used in their entirety to pay the operating costs of the system, as defined in that subsection (i)." "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fiftyfive percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. Such restrictions on the use of annual proceeds from local sales and use taxes shall be suspended through June 30, 2017. If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Governor, the State Auditor, and the chairperson of the Metropolitan Atlanta Rapid Transit Overview Committee annually the original and 14 copies of every four years as provided in subsection (e) of Section 17 of this Act a report of the findings of a completed independent management performance audit of the Authority's current operations that was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period four years beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, of the year immediately following the year in which the completed independent management audit was due but not submitted, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the 3338 JOURNAL OF THE SENATE system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or TUESDAY, MARCH 31, 2015 3339 improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection." SECTION 6. 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 Shafer of the 48th and Millar of the 40th offered the following amendment #1: Amend the substitute to HB 213 by restoring the stricken language on lines on 235 through 243 and changing "2017" on line 243 to "2020" Senator Shafer of the 48th asked unanimous consent that his amendment be withdrawn. Senator Albers of the 56th objected. On the adoption of the motion, the yeas were 34, nays 6, and the Shafer, Millar amendment #1 to the committee substitute was withdrawn. Senators Miller of the 49th, Jackson of the 24th, Kennedy of the 18th and Dugan of the 30th offered the following amendment #2: Amend the Senate Transportation Committee substitute to HB 213 (LC 39 1040S) by deleting line 28 and inserting in lieu thereof the following: DeKalb County lying south of the southernmost corporate boundaries of the By deleting lines 116 through 121 and inserting in lieu thereof the following: written specifications after a competitive bidding process and to the highest responsible bidder best respondent in a manner similar to that required in subsection (b). (g) Contracts for the sale, lease, or other disposition of real property owned by the Authority shall be awarded only after a competitive bidding process and to the highest responsible bidder best respondent in a manner similar to that required in subsection (b), provided that such competitive bidding procedures may be waived, but only 3340 JOURNAL OF THE SENATE By deleting lines 199 and 200 and inserting in lieu thereof the following: Said Act is further amended by revising subsection (b) and subsection (i) of Section 25 as follows: By inserting "or one and one-half (1.5%) percent" after "percent" on line 212. By deleting the quotation mark on line 226 and inserting in lieu thereof the following: (B) In the event a local governing body which has entered into a rapid transit contract as authorized by subparagraph (A) of this paragraph thereafter determines that any extension of or addition to the Authority's existing rail rapid transit system should be constructed and operated within the territory of such local government, a separate rapid transit contract shall be required to provide for the local government's proper share of financing any such contemplated rapid transit project, and no retail sales and use tax authorized under subsection (a) of this Section may be levied to fulfill the obligations under that separate contract except at the rate of one (1%) percent or one and one-half (1.5%) percent. A separate rapid transit contract required by this subparagraph shall not be subject to the limitations of divisions (i) through (iv) of subparagraph (A) of this paragraph but shall be subject to the limitations regarding the use of the tax proceeds for the operating costs of the system under subsection (i) of this Section. (C) A tax levied under this paragraph shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this paragraph in the areas affected. Nothing in this paragraph shall be construed to require that any tax levied at a rate specified by this paragraph be reduced as provided for the one (1%) percent or one and one-half (1.5%) percent tax levied pursuant to paragraph (1) of this subsection. (D) No contract shall be entered into by a local government pursuant to this paragraph unless and until the same has been approved in a referendum held in the political subdivision, which referendum shall be held in conjunction with and at the same time as a state-wide general election and which was called not less than 120 days prior to such referendum election. (3) On and after July 1, 2015, a local governing body which is a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of this section may by resolution, subject to approval by referendum in the jurisdiction of such governing body and concurrence by the Authority, levy the tax provided for by this section at the rate of one and one-half (1.5%) percent, notwithstanding the provisions of paragraph (1) of this subsection, but reduced after June 30, 2057, as provided therein. If all local governing bodies which are from time to time party to such Rapid Transit Contract and Assistance Agreement levy said tax at said rate, the use of the proceeds of such tax shall be as provided for by subsection (i) of this section; provided, however, that the incremental proceeds derived from the additional one-half TUESDAY, MARCH 31, 2015 3341 (.5%) percent provided for by this paragraph shall be first utilized for capital and operations costs incurred in the expansion of facilities of the rapid transit system and, upon the conclusion of such expansion, thereafter as provided for by subsection (i) of this section. If fewer than all local governing bodies which are from time to time party to such Rapid Transit Contract and Assistance Agreement levy said tax at said rate, the incremental proceeds derived from the additional one-half (.5%) percent provided for by this paragraph shall be first utilized for capital and operations costs incurred in the expansion of facilities of the rapid transit system within and among the jurisdictions of the local governing bodies levying said tax at said rate and, upon the conclusion of such expansion, thereafter as provided for by subsection (i) of this section, but notwithstanding any other provision of said subsection, shall be utilized within and among the jurisdictions of the local governing bodies levying said tax at said rate." On the adoption of the amendment, the yeas were 27, nays 20, and the Miller, et al. amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Davenport Y Dugan Y Fort N Ginn N Gooch N Harbin Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson E Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy N Kirk N Ligon Y Lucas Martin N McKoon N Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims N Stone Y Tate N Thompson, B Y Thompson, C Tippins Y Tolleson Unterman Y Watson N Wilkinson N Williams, M Williams, T 3342 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 29, nays 20. HB 213, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. Senator Millar of the 40th asked unanimous consent that the Senate insist on its substitute to HB 520. The consent was granted, and the Senate insisted on its substitute to HB 520. The following committee report was read by the Secretary: Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 476 HB 640 HB 661 HB 674 Do Pass Do Pass Do Pass by substitute Do Pass HB 627 HB 657 HB 662 HB 675 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The following local, uncontested legislation, favorably reported by the committee as listed on the Senate Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Tuesday March 31, 2015 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 476 HB 627 TUESDAY, MARCH 31, 2015 3343 Albers of the 56th Millar of the 40th James of the 35th Crane of the 28th Hill of the 32nd Hill of the 6th Beach of the 21st Fort of the 39th Tate of the 38th Shafer of the 48th Orrock of the 36th FULTON COUNTY A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. Albers of the 56th Hufstetler of the 52nd Thompson of the 14th Tippins of the 37th Rhett of the 33rd Hill of the 32nd Tate of the 38th Beach of the 21st Hill of the 6th LAKE ALLATOONA PRESERVATION AUTHORITY A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 3344 HB 640 HB 657 HB 661 JOURNAL OF THE SENATE Martin of the 9th Henson of the 41st Miller of the 49th Butler of the 55th Thompson of the 5th Shafer of the 48th Unterman of the 45th GWINNETT JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Jones of the 25th GREENE COUNTY A BILL to be entitled an Act to repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Henson of the 41st Butler of the 55th Parent of the 42nd Millar of the 40th Jones of the 10th Davenport of the 44th Ramsey, Sr. of the 43rd CITY OF CLARKSTON A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE TUESDAY, MARCH 31, 2015 3345 HB 662 Henson of the 41st Butler of the 55th Parent of the 42nd Millar of the 40th Ramsey, Sr. of the 43rd Davenport of the 44th CITY OF AVONDALE ESTATES A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. HB 674 Mullis of the 53rd STATE COURT OF CATOOSA COUNTY A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 675 Gooch of the 51st GILMER COUNTY A BILL to be entitled an Act to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Davenport of the 44th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 662, which is on the Supplemental Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Jones of the 10th /s/ Butler of the 55th /s/ Davenport of the 44th Date: March 31, 2015 Pursuant to Senate Rule 4-2.9(b), HB 662 was removed from the Senate Supplemental Local Consent Calendar and placed on the Senate Local Contested Calendar for today. 3346 JOURNAL OF THE SENATE Pursuant to Senate Rule 4-2.9(b), Senator Martin of the 9th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 640, which is on the Supplemental Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Martin of the 9th /s/ Millar of the 40th /s/ Unterman of the 45th Date: March 30, 2015 Pursuant to Senate Rule 4-2.9(b), HB 640 was removed from the Senate Supplemental Local Consent Calendar and placed on the Senate Local Contested Calendar for today. Senator Fort of the 39th asked unanimous consent to remove HB 476 from the Supplemental Local Consent Calendar and placed it on the Local Contested Calendar. There was no objection. The substitute to the following bill was put upon its adoption: *HB 661: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 661: A BILL TO BE ENTITLED AN ACT To amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART ONE SECTION 1-1. An Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by adding a new subsection to read as follows: "(c) In addition to all other territory included within the boundaries of the city, the city shall also include the following described real property: TUESDAY, MARCH 31, 2015 3347 Beginning at a point approximately one hundred (100) feet south of the intersection of Pecan Street and East Ponce de Leon Avenue, where the existing corporate limit line of the City of Clarkston intersects with the CSX railroad; Then, following the CSX railroad in a westerly direction to its intersection with the eastern right-of-way line of Interstate 285; Then, following the eastern right-of- way line of Interstate 285 in a northerly direction for approximately nine hundred and eighty (980) feet to a point where the eastern right-of-way line of Interstate 285 intersects the existing corporate limit line of the City of Clarkston; Then, following the corporate limit line of the City of Clarkston in a easternly direction for approximately one hundred and twenty (120) feet, then in a northerly direction for approximately two thousand (2,000) feet, then in an easterly direction for approximately seven hundred and fifty (750) feet to a point approximately two hundred fifty (250) feet north of the intersection of Casa Drive and Casa Woods Lane; Then, following the existing curved corporate limit line of the City of Clarkston in a south-southeasterly direction to a point where the existing corporate limit line of the City of Clarkston intersects the CSX railroad, this point being the point of beginning." SECTION 1-2. This part shall become effective on January 1, 2016, if approved by the referendum provided for in Part 3 of this Act. PART TWO SECTION 2-1. An Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by adding a new subsection to read as follows: "(c) In addition to all other territory included within the boundaries of the city, the city shall also include the following described real property: Beginning at a point approximately one hundred (100) feet south of the intersection of Pecan Street and East Ponce de Leon Avenue, where the existing corporate limit line of the City of Clarkston intersects with the CSX railroad; Then, following the existing curved corporate limit line of the City of Clarkston in a southeasterly direction to a point where the existing corporate limit line of the City of Clarkston intersects the southern right-of-way line of Rowland Street, approximately one hundred fifty (150) feet east of the intersection of Rowland and Lovejoy Streets; Then, following a line consistent with the boundary lines of adjacent parcels in a westerly direction for approximately two thousand five hundred (2,500) feet, to a point on the eastern rightof-way line of Interstate 285; Then, following the eastern right-of-way line of Interstate 285 south to a point approximately seven hundred (700) feet to the west of the intersection of Northem Avenue and Indian Creek Way; Then, crossing the rightof-way of Interstate 285 and continuing west following a line consistent with the boundary lines of adjacent parcels to a point along the eastern right-of-way line of Glendale Road approximately one thousand five hundred (1,500) feet southeast of 3348 JOURNAL OF THE SENATE Church Street; Then, following the eastern right-of-way line of Glendale Road in a northerly direction to its intersection with Gifford Street; Then, following the northern right- of-way line of Gifford Street in a southwesterly direction to the end of Gifford Street; Then, continuing in such southwesterly direction along a line consistent with adjacent parcels for approximately one thousand five hundred (1,500) feet to a point along the eastern right-of-way line of Woodland Avenue; Then, following the eastern right-of-way line of Woodland Avenue south to its intersection with North Decatur Road; Then, following the northern right-of-way line of North Decatur Road west to its intersection with the CSX railroad; Then, following the CSX railroad northeast to the point where it intersects with the existing corporate limit line of the City of Clarkston, this point being the point of beginning." SECTION 2-2. This part shall become effective on January 1, 2016. PART THREE SECTION 3-1. The election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the territory sought to be annexed into the City of Clarkston under Part 1 of this Act for approval or rejection. The election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2015, and shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall Part Two of the Act which annexes certain land into the City of ( ) NO Clarkston be approved?" All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this part shall become effective on January 1, 2016. If more than one-half of the votes cast on such question are for rejection of the annexation, this part shall not become effective and shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Clarkston. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 4, and the committee substitute was adopted. TUESDAY, MARCH 31, 2015 3349 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: Albers Y Beach E Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Hill, Judson E Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 44, nays 4. The bills on the Local Consent Calendar, except HB 661, having received the requisite constitutional majority, were passed. HB 661, having received the requisite constitutional majority, was passed by substitute. The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Tuesday, March 31, 2015 Thirty-ninth Legislative Day 3350 HB 662 HB 640 HB 476 JOURNAL OF THE SENATE Henson of the 41st Butler of the 55th Parent of the 42nd Millar of the 40th Ramsey, Sr. of the 43rd Davenport of the 44th CITY OF AVONDALE ESTATES A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), 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. Martin of the 9th Henson of the 41st Miller of the 49th Butler of the 55th Thompson of the 5th Shafer of the 48th Unterman of the 45th GWINNETT JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Albers of the 56th Millar of the 40th James of the 35th Crane of the 28th Hill of the 32nd Hill of the 6th Beach of the 21st Fort of the 39th Tate of the 38th Shafer of the 48th Orrock of the 36th TUESDAY, MARCH 31, 2015 3351 FULTON COUNTY A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. Senator Henson of the 41st asked unanimous consent that HB 476, HB 640, and HB 662 be placed on the Table. The consent was granted, and bills were placed on the Table. Senator Cowsert of the 46th moved that the Senate stand adjourned pursuant to SR 167 until 10:00 a.m. Thursday, April 2, 2015; the motion prevailed, and at 12:15 a.m. the President announced the Senate adjourned. 3352 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, April 2, 2015 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 247. By Senator Henson of the 41st: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant generally, so as to clarify and modernize the law governing landlords and tenants; to provide for definitions; to provide for the duties of landlords; to provide for duties of tenants; to establish rights and remedies for landlords and tenants; to provide requirements for notice; to provide for entry to premises; to provide for statutory construction; to provide for legislative findings; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 248. By Senators Seay of the 34th, Jones of the 10th, Davenport of the 44th and Butler of the 55th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, so as to provide for the profession of dental hygiene therapy; to change the "Georgia Volunteers in Dentistry and Dental Hygiene Act" to include the issuance of special licenses to dental hygiene therapists; to change certain provisions relating to applicability; to provide that a dental assistant may assist a licensed dental hygiene therapist; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. THURSDAY, APRIL 2, 2015 3353 SB 249. By Senator Millar of the 40th: 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 the transaction of insurance, so as to eliminate the foreign and alien insurer deposit requirement of securities eligible for the investment of capital funds in certain amounts at the discretion of the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance and Labor. SR 624. By Senators Williams of the 27th and Millar of the 40th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Education and Youth. The following committee report was read by the Secretary: Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 650 HB 669 SB 105 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Albers of the 56th District, Chairman The roll was called and the following Senators answered to their names: Albers Beach Bethel Black Hill, Jack Hill, Judson Hufstetler Jackson, B Mullis Orrock Parent Ramsey 3354 JOURNAL OF THE SENATE Burke Butler Cowsert Davenport Dugan Fort Ginn Harbin Harbison Harper Heath Henson Hill, H Jackson, L Jeffares Jones, B Jones, E Jones, H Kennedy Kirk Ligon Lucas Martin Millar Miller Rhett Seay Sims Stone Tate Thompson, B Tippins Tolleson Unterman Watson Wilkinson Williams, M Not answering were Senators: Crane McKoon Williams, T. Gooch Shafer James Thompson, C. Senator Shafer of the 48th 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 Hill of the 4th introduced the chaplain of the day, Dr. H. William "Bill" Perry of Metter, Georgia, who offered scripture reading and prayer. Senator Albers of the 56th introduced the doctor of the day, Dr. Albert F. Johary. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 215. By Senator Harbison of the 15th: A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 216. SB 217. SB 220. SB 231. THURSDAY, APRIL 2, 2015 3355 By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes. By Senator Harbison of the 15th: A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; 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 create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 3356 JOURNAL OF THE SENATE SB 237. By Senator Gooch of the 51st: A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes. SB 238. By Senator Burke of the 11th: A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 652. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th: A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following resolutions were read and adopted: SR 620. By Senator Tippins of the 37th: A RESOLUTION commending Georgia's 2015 Comcast Leaders and Achievers Scholars; and for other purposes. SR 621. By Senator Tippins of the 37th: A RESOLUTION commending Dr. William Harry Hill, Jr.; and for other purposes. THURSDAY, APRIL 2, 2015 3357 SR 622. By Senator Tippins of the 37th: A RESOLUTION commending the Cobb County Department of Transportation for their efforts in the synchronization of traffic control signals; and for other purposes. SR 623. By Senators Mullis of the 53rd, Williams of the 19th, Jones of the 25th, Harbison of the 15th, Shafer of the 48th and others: A RESOLUTION honoring the life and memory of Gerald Theodore Bryant; and for other purposes. SR 625. By Senators Hill of the 4th, Dugan of the 30th, Hill of the 6th, Harbison of the 15th and Watson of the 1st: A RESOLUTION commending Lamar Smith Signature Homes; and for other purposes. SR 626. By Senators Tate of the 38th, Butler of the 55th, Fort of the 39th, Davenport of the 44th, Henson of the 41st and others: A RESOLUTION recognizing and commending Mrs. Virginia C. Barnett Tate on the occasion of her 90th birthday; and for other purposes. SR 627. By Senators James of the 35th and Henson of the 41st: A RESOLUTION commending Teri Brown Walker, Esq.; and for other purposes. SR 628. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Sophia Jolene Fiese; and for other purposes. SR 629. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Phillips "Pip" Elizabeth Kindregan; and for other purposes. SR 630. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Victoria Ridley Vaughn; and for other purposes. 3358 JOURNAL OF THE SENATE SR 631. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Felicity Belle DeBussey; and for other purposes. SR 632. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Brooks Few Collins; and for other purposes. SR 633. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Margaret Bishop Ashbee; and for other purposes. SR 634. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Hannah Mitchell Fleming; and for other purposes. SR 635. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Susanna Ursula Leitman; and for other purposes. SR 636. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Crawford King Richards; and for other purposes. SR 637. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Zachariah Fouad Kurdi; and for other purposes. SR 638. By Senators Shafer of the 48th, Mullis of the 53rd, McKoon of the 29th and Millar of the 40th: A RESOLUTION honoring the life and memory of Atticus Allen "Rick" Richardson; and for other purposes. THURSDAY, APRIL 2, 2015 3359 SR 639. By Senator Tate of the 38th: A RESOLUTION recognizing National Older Americans Month and honoring Living Legends: The Esteemed Seniors of Radcliffe Presbyterian Church (U.S.A.); and for other purposes. SR 640. By Senator Shafer of the 48th: A RESOLUTION celebrating the births of Katherine Keith Thompson and Emmeline Clare Thompson; and for other purposes. SR 641. By Senators Harbison of the 15th and Jackson of the 2nd: A RESOLUTION commending Shazad Hamid upon being named Legislative Intern of the Year; and for other purposes. SR 642. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Crystal Springs Smokehouse in Chickamauga, Georgia; and for other purposes. SR 643. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Bailey's Bar-B-Que in Ringgold, Georgia; and for other purposes. SR 644. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Choo-Choo Bar-B-Que & Grill in Chickamauga, Georgia; and for other purposes. SR 645. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Huddle House in Chickamauga, Georgia; and for other purposes. SR 646. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Park Place Restaurant in Fort Oglethorpe, Georgia; and for other purposes. SR 647. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Home Plate Grill in Ringgold, Georgia; and for other purposes. 3360 JOURNAL OF THE SENATE HR 885. By Representatives Burns of the 159th, Hitchens of the 161st, Stephens of the 164th and Parrish of the 158th: A RESOLUTION requesting the State of Georgia, the Georgia Department of Transportation, and electric utility companies in Georgia to consider allowing use of their existing rights of way for pipeline expansion; 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 April 2, 2015 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 105 Jackson of the 2nd Watson of the 1st MAGISTRATE COURT OF CHATHAM COUNTY A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by Acts approved March 20, 1985 (Ga. L 1985, p. 4028), March 24, 1994 (Ga. L 1994, p. 3772), and March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide for two full-time magistrates for Chatham County; to provide for the appointment of a third full-time magistrate by the Board of Commissioners; to provide for the election and appointment of successor magistrates; to provide for the appointment of pro tempore and part-time magistrates; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 669 Jackson of the 2nd Watson of the 1st CHATHAM COUNTY A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by THURSDAY, APRIL 2, 2015 3361 HB 650 an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes. SUBSTITUTE Davenport of the 44th Orrock of the 36th Parent of the 42nd Tate of the 38th Fort of the 39th Hill of the 6th Millar of the 40th CITY OF ATLANTA A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Hill of the 6th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 650, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Hill of the 6th /s/ James of the 35th /s/ Millar of the 40th Date: April 2, 2015 Pursuant to Senate Rule 4-2.9(b), HB 650 was removed from the Senate Local Consent Calendar and placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 669: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 669: 3362 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to provide for the compensation of the Judge of the Probate Court, the Chief Judge of the State Court, the Chief Magistrate, the full-time Magistrates, and the Presiding Judge of the Juvenile Court of Chatham County; to provide for certain salary adjustments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), is amended in Section 1 by revising subsections (a) and (b) as follows: "(a)(1) As used in this subsection, the term 'county supplemental salary' means the amount of compensation remaining after subtracting base salary, cost-of-living allocations granted by either the state or local governing authority, longevity or other statutorily granted fees, or other compensation granted by general law. The county supplemental salary for a county officer or official provided for in this section shall be adjusted as provided for in this subsection or by the Board of Commissioners, so long as such supplemental salary is not reduced for an officer or official during a current term of office. (2) The officers subject to the provisions of this Act shall receive the following compensation: (A) The tax commissioner shall receive the minimum annual salary provided by Code Section 48-5-183 of the O.C.G.A. and a salary supplement in the amount of $18,318.00 per year; (B) The clerk of the superior court shall receive the minimum annual salary provided by Code Section 15-6-88 of the O.C.G.A. and a salary supplement in the amount of $18,318.00 per year; (C) The sheriff shall receive the minimum annual salary provided by Code Section 15-16-20 of the O.C.G.A. and a salary supplement in the amount of $25,241.00 per year; and (D) The coroner shall receive the minimum annual salary provided by Code Section 45-16-11 of the O.C.G.A. and a salary supplement in the amount of $54,000.00 per year. (3)(A) Actual total compensation received upon the effective date of this Act shall be the current compensation of the officer or official, and such compensation shall not be reduced within a current term of office. THURSDAY, APRIL 2, 2015 3363 (B) For each successive term of office, should there be a change in the officer or official elected or holding such office by other selection method, then the county supplemental salary shall be eliminated unless action is taken by the Board of Commissioners prior to the conclusion of the current term to continue, increase, or decrease the county supplemental salary. (C) The Board of Commissioners shall exercise its discretion to grant or deny any increase in county supplemental salary to the extent permitted under general law. (b)(1) The compensation received by any judge on the effective date of this Act, including salaries, cost-of-living increases, and longevity increases, shall not be reduced during any such judge's current term of office. Should the person serving as a full-time judge on the effective date of this Act be receiving more compensation than the compensation as calculated pursuant to subsection (6) of this Act, then such person shall not be entitled to any further salary adjustments, notwithstanding any other provision of this Act, until his or her salary is in an amount as calculated according to paragraph (6) of this subsection. (2) No judge shall be entitled to any salary adjustment from county funds except as provided in this subsection. Should any general law be enacted mandating an increase in the total compensation of any judge by a method other than granting a general salary increase to the judges of the superior courts, then the salary adjustments provided for in paragraph (6) of this subsection shall be reduced by an amount equal to the additional amount so granted by general law. Such reduction shall become effective on the first day of the next term of office. (3) Should any judge not currently entitled to longevity pay pursuant to general law be subsequently granted such longevity pay, the amount of longevity pay provided for in paragraph (6) of this subsection shall be reduced by an amount equal to the longevity pay so granted by general law. (4) This subsection establishes salaries for the respective judicial officers, and no compensation shall be considered a salary supplement. (5) Any longevity pay described in paragraph (6) of this subsection shall be effective for each term that begins after January 1, 2016, and no term completed before that date shall be used to compute such longevity pay. (6)(A)(i) The judge of the probate court shall receive an annual salary equal to the sum of 80 percent of the annual salary of a judge of the superior court provided in Code Section 45-7-4 of the O.C.G.A., plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, the judge of the probate court shall be entitled to an increase in his or her annual salary in the amount of $800.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. 3364 JOURNAL OF THE SENATE (B)(i) The chief judge of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief judge of the state court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 95 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit. (ii) For each four-year term following the initial term of office, the chief judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (C)(i) The judges of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, each judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (D)(i) The chief magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief magistrate of the magistrate court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge equal to 85 percent of the salary supplement paid to the Chief Judge of the Eastern Judicial Circuit. (ii) For each four-year term following the initial term of office, the chief magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. THURSDAY, APRIL 2, 2015 3365 (E)(i) Each full-time magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (ii) For each four-year term following the initial term of office, each full-time magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00, provided that such longevity increase and any cost-of-living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. (F) With the combined consent of the Board of Commissioners and the judges of the superior court, the presiding judge of the juvenile court and the judges of the juvenile court shall receive an annual salary equal to the sum of 90 percent of the annual salary of the judge of the superior court. (7) The annual compensation provided in paragraph (6) of this subsection shall be paid in equal monthly installments. No provision of this Act shall be applied so as to reduce the compensation of any officer during a term of office." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 53, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Ginn 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 Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate Y Thompson, B Thompson, C Y Tippins 3366 JOURNAL OF THE SENATE Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the local bills, the yeas were 53, nays 0. The bills on the Local Consent Calendar, except HB 669, having received the requisite constitutional majority, were passed. HB 669, having received the requisite constitutional majority, was passed by substitute. Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Mullis of the 53rd was excused as a Conferee. The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: SENATE LOCAL CONTESTED CALENDAR Thursday, April 2, 2015 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 650 Davenport of the 44th Orrock of the 36th Parent of the 42nd Tate of the 38th Fort of the 39th Hill of the 6th Millar of the 40th CITY OF ATLANTA A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3367 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: N Albers Y Beach N Bethel N Black Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Harbison N Harper N Heath Y Henson N Hill, H Y Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L N James N Jeffares N Jones, B Y Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas Martin N McKoon N Millar N Miller C Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims N Stone Y Tate N Thompson, B E Thompson, C N Tippins Y Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the passage of the local legislation, the yeas were 19, nays 32. HB 650, having failed to receive the requisite constitutional majority, was lost. Senator Shafer of the 48th moved that the Senate reconsider its action in defeating HB 650. On the motion, there was no objection; the motion prevailed and HB 650 was reconsidered and placed on the General Calendar. The following bill was taken up to consider House action thereto: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor 3368 JOURNAL OF THE SENATE carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise provisions regarding licensing for the operation of motor vehicles and the operation of motor vehicles; to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to amend Article 2 of Chapter 3 of Title 3, Article 1 of Chapter 11 of Title 19, Chapter 2 of Title 20, and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, the Child Support Recovery Act, elementary and secondary education, and drivers' licenses, respectively, so as to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to provide for the issuance of an ignition interlock device limited driving permit; to revise penalties for pleas of nolo contendere regarding driver's license suspensions; 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 SECTION 1-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (A) of paragraph (8.3) of Code Section 40-1-1, relating to definitions, as follows: "(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 4,536 kg (10,001 lbs.) or more;" SECTION 1-2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil penalties, operation of out-of-service vehicles, and criminal penalties, as follows: THURSDAY, APRIL 2, 2015 3369 "(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014 2015." SECTION 1-3. Said title is further amended by revising Code Section 40-2-1, relating to definitions, as follows: "40-2-1. As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state. (5) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and: (A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater; (B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or (C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity. (4)(6) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both. (5)(7) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6)(8) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (7)(9) 'Resident' means a person who has a permanent home or domicile in Georgia 3370 JOURNAL OF THE SENATE and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (8)(10) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (9)(11) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department." SECTION 1-4. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 402-140, relating to the administration of the Federal Unified Carrier Registration Act of 2005 by the Department of Public Safety, 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: "(d)(1) Any intrastate motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No for-hire intrastate 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 for-hire intrastate 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 for-hire intrastate 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 THURSDAY, APRIL 2, 2015 3371 carrier. (e) Before any intrastate motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the intrastate motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (f) Prior to the issuance of the initial registration to any intrastate motor carrier Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Public Safety pursuant to subsection (d) or (e) of this Code section, that intrastate motor carrier shall furnish evidence to the Department of Public Safety that the intrastate motor 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." PART II SECTION 2-1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, is amended in Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, by revising paragraph (3) of subsection (b) as follows: "(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year." SECTION 2-2. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended in Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly, by adding a new subsection to read as follows: "(p) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension." SECTION 2-3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (f) of Code Section 20-2320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, as follows: "(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety Driver 3372 JOURNAL OF THE SENATE Services, in a form to be agreed upon between the Department of Education and the Department of Public Safety Driver Services, enrollment, attendance expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22." SECTION 2-4. Said chapter is further amended by revising paragraph (5) of subsection (b) and paragraph (6) of subsection (c) of Code Section 20-2-690, relating to educational entities and requirements by private schools and home study programs, as follows: "(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance enrollment by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-522; and" "(6) 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 enrollment by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-522, 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;" SECTION 2-5. Said chapter is further amended by revising subsection (g) of Code Section 20-2-690.2, relating to the establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows: "(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 THURSDAY, APRIL 2, 2015 3373 summary of possible consequences for children shall include possible dispositions for 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 2-6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment, as follows: "(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, 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 enrollment by the Department of Public Safety Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320." SECTION 2-7. Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility for reporting truants to juvenile or other courts, as follows: "20-2-701. (a) Local school superintendents as applied to private schools, the Department of Education as applied to home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with 3374 JOURNAL OF THE SENATE local school superintendents with respect to attendance records and notification for students in home study programs. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, if known. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system." SECTION 2-8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a.1) of Code Section 40-5-22, relating to persons not to be licensed, minimum age for licensees, school attendance requirements, and driving training requirements, as follows: "(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant: (A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice that indicates that such minor: THURSDAY, APRIL 2, 2015 3375 (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general 3376 JOURNAL OF THE SENATE educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3)(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4)(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma." SECTION 2-9. Said chapter is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, as follows: "(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (7)(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4." SECTION 2-10. Said chapter is further amended by revising subsection (a) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and reinstatement of license following suspension, as follows: "(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or a violation of Code Section 40-6-391 shall be suspended by the THURSDAY, APRIL 2, 2015 3377 department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice." SECTION 2-11. Said chapter is further amended by repealing in its entirety Code Section 40-5-57.2, relating to suspension based on violation of Code Section 40-6-255, and designating said Code section as reserved. SECTION 2-12. Said chapter is further amended by repealing in their entirety subsections (e) and (f) of Code Section 40-5-63, relating to periods of suspension and conditions of return of license. SECTION 2-13. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising paragraph (1) of subsection (a) and subsection (c.1) as follows: "(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit." "(c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code 3378 JOURNAL OF THE SENATE section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely a motor vehicle equipped with an ignition interlock device meeting the requirements of Article 7 of Chapter 8 of Title 42. for the following purposes: (A) Going to his or her place of employment; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." SECTION 2-14. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows: "40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of Except as provided in Code Section 40-5-76, 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, in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 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 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; THURSDAY, APRIL 2, 2015 3379 (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 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 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. Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department 3380 JOURNAL OF THE SENATE within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. 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 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. (a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. (b) Except as provided in Code Section 40-5-76, 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 a controlled substance or marijuana 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 40-6-391; 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. (c)(1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the department. THURSDAY, APRIL 2, 2015 3381 (2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department. (d)(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e)(d) 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. (f)(e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. (h)(f) Licensed Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court. (i)(g) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof." 3382 JOURNAL OF THE SENATE SECTION 2-15. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows: "(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) (e) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail." PART III SECTION 3-1. This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Harper of the 7th asked unanimous consent that the Senate disagree to the House substitute to SB 100. The consent was granted, and the Senate disagreed to the House substitute to SB 100. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. Senator Henson of the 41st moved that the Senate recede from its substitute to HB 515. Senator Millar of the 40th objected. THURSDAY, APRIL 2, 2015 3383 On the motion, a roll call was taken and the vote was as follows: N Albers N Beach N Bethel N Black N Burke Y Butler N Cowsert N Crane Y Davenport N Dugan Y Fort N Ginn N Gooch N Harbin Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B E Jackson, L Y James N Jeffares N Jones, B Jones, E Y Jones, H N Kennedy N Kirk N Ligon Y Lucas N Martin N McKoon N Millar N Miller C Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay N Shafer Y Sims N Stone Y Tate N Thompson, B Y Thompson, C N Tippins N Tolleson N Unterman N Watson N Wilkinson N Williams, M N Williams, T On the motion, the yeas were 15, nays 37; the motion lost, and the Senate did not recede from its substitute to HB 515. Senator Henson of the 41st asked unanimous consent that the Senate insist on its substitute to HB 515. The consent was granted, and the Senate insisted on its substitute to HB 515. Senator Jeffares of the 17th asked unanimous consent that HB 104, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 104, having been taken from the Table, was put upon its passage. HB 104. By Representatives Dunahoo of the 30th, Sims of the 123rd, Greene of the 151st, Maxwell of the 17th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to clarify applicability of public bidding processes for certain 3384 JOURNAL OF THE SENATE conveyances; to correct cross-references; 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: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller C Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 49, nays 2. HB 104, having received the requisite constitutional majority, was passed. Senator Burke of the 11th asked unanimous consent that HB 232, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 232, having been taken from the Table, was put upon its passage. HB 232. By Representatives Carter of the 175th, Maxwell of the 17th, Shaw of the 176th and Corbett of the 174th: A BILL to be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so THURSDAY, APRIL 2, 2015 3385 as to change certain provisions relative to the creation of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; 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 Beach N Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 1. HB 232, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 4/2/15 3386 JOURNAL OF THE SENATE Due to business outside the Senate Chamber, I missed the vote on HB 232. Had I been present, I would have voted yea. /s/ David E. Lucas, Sr. District 26 Senator Bethel of the 54th asked unanimous consent that HB 567, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 567, having been taken from the Table, was put upon its passage. HB 567. By Representatives Dempsey of the 13th, Ramsey of the 72nd, Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson THURSDAY, APRIL 2, 2015 3387 Y Heath Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 567, having received the requisite constitutional majority, was passed. Senator Black of the 8th asked unanimous consent that HB 266, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 266, having been taken from the Table, was put upon its passage. HB 266. By Representative Battles of the 15th: A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Black of the 8th. The following Fiscal Note, as required by law, was read by the Secretary: GREG S. GRIFFIN State Auditor (404) 656-2174 Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 January 15, 2015 The Honorable Paul Battles State Representative State Capitol, Room 401-K Atlanta, Georgia 30334 3388 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification House Bill 266 (LC 21 3570) Dear Representative Battles: This bill would amend general provisions relating to investment and reinvestment of assets of local governments. Under current statute, the board of trustees of any local retirement system has the full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer and dispose of any securities and other investments. This legislation clarifies that these powers shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated in making and disposing of their investments. Article 7 is the Public Retirement Systems Investment Authority Law, which governs the investment practices of all public retirement systems. 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 Committee on Retirement offered the following substitute to HB 266: A BILL TO BE ENTITLED AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct certain provisions relative to the investment authority of local retirement systems; to correct the name of a certain council; to modify a definition related to the Georgia Municipal Employees Benefit System; to modify provisions related to the return of mandatory employee contributions in the Georgia Municipal Employees Benefit System; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Chapter 1, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, by revising subsection (a) of Code Section 47-1-12, relating to investment and reinvestment of assets of local retirement system, as follows: THURSDAY, APRIL 2, 2015 3389 "(a) The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies Article 7 of Chapter 20 of this title in making and disposing of their investments." SECTION 2. Said title is further amended in Chapter 2, relating to the Employees' Retirement System of Georgia, by revising paragraph (1) of subsection (a) of Code Section 47-2-323, relating to membership in retirement system of employees of the Georgia Public Defender Standards Council, creditable service, and contributions, as follows: "(1) 'Council' means the Georgia Public Defender Standards Council established by Code Section 17-12-3." SECTION 3. Said title is further amended in Chapter 5, relating to the Georgia Municipal Employees Benefit System, by revising paragraph (6) of Code Section 47-5-2, relating to definitions, as follows: "(6) 'Employee' means any full-time salaried or hourly rated person in the active service of an employer and any employees of the board of trustees. Notwithstanding any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a municipal corporation of this state or of an employer created pursuant to the charter of a municipal corporation of this state, the chief legal officer or any associate legal officer of a municipal corporation, and any municipal officer elected or appointed to preside over the court of a municipal corporation. Said term shall also include part-time employees of an employer for the purposes of participating in employee benefit plans." SECTION 4. Said title is further amended in said chapter by revising Code Section 47-5-47, relating to return of contributions to employee or employee's estate, as follows: "47-5-47. Plans Except as otherwise provided with respect to the provision of death benefits under a plan, plans providing for retirement benefits established under this chapter shall provide that mandatory contributions made by a participating employee shall be returned to such employee employee's surviving spouse or his to the estate of the participant or the participant's pre-retirement beneficiary in the event of death before retirement. If the employee is separated from employment prior to the time he or she is eligible for retirement benefits, such contributions shall be returned unless the employee chooses to claim his or her vested benefits, in which case the employee 3390 JOURNAL OF THE SENATE contributions shall remain with the fund until such time as the employee becomes eligible for the vested benefits. Such contributions may be returned without interest or with such interest as is provided in the plan." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 March 19, 2015 The Honorable Chuck Hufstetler State Senator Coverdell Legislative Office Building, Room 320-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 266 (LC 43 0150S) Dear Senator Hufstetler: This substitute bill would amend general provisions relating to investment and reinvestment of assets of local governments. Under current statute, the board of trustees of any local retirement system has the full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer and dispose of any securities and other investments. This legislation clarifies that these powers shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated in making and disposing of their investments. Article 7 is the Public Retirement Systems Investment Authority Law, which governs the investment practices of all public retirement systems. THURSDAY, APRIL 2, 2015 3391 Additionally, this substitute bill would amend provisions under the Employees' Retirement System that relate to the Georgia Public Defender Standards Council. Specifically, this bill would revise references to the name of the Council to coincide with separate legislation that would officially change the entity's name to the `Georgia Public Defender Council.' Furthermore, this substitute bill amends certain provisions relating to the Georgia Municipal Employees Benefit System. Specifically, this bill would amend the definition of the term `employee' to include any appointed or elected member of an employer created pursuant to the charter of a municipal corporation of this state. This substitute bill would also clarify provisions relating to the return of mandatory contributions in the event of a member's death before retirement. If this substitute bill is enacted, such contributions would be returned to the member's surviving spouse or to the estate of the member or the member's pre-retirement beneficiary. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn 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 Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins 3392 JOURNAL OF THE SENATE Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 53, nays 0. HB 266, having received the requisite constitutional majority, was passed by substitute. Senator Wilkinson of the 50th asked unanimous consent that HB 401, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 401, having been taken from the Table, was put upon its passage. HB 401. By Representatives Efstration of the 104th, Ballinger of the 23rd, Dempsey of the 13th and Broadrick of the 4th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning; to amend Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to restrictions on persons with criminal records with regard to child, family, or group-care facilities, so as to revise terminology; to amend Code Section 25-213 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards in buildings presenting special hazards to persons or property, so as to revise terminology; to provide for related matters; to provide for an effective date; 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 Beach Y Bethel Y Black Y Burke Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Orrock Y Parent Y Ramsey Y Rhett Y Seay THURSDAY, APRIL 2, 2015 3393 Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 53, nays 1. HB 401, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Reilly, 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 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; 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 Fleming of the 121st, Hamilton of the 24th, and Rynders of the 152nd. 3394 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 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. The Speaker has appointed on the part of the House, Representatives Taylor of the 79th, Brockway of the 102nd, and Rynders of the 152nd. Mr. President: The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others: A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 192. By Representatives Powell of the 32nd and Taylor of the 79th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3395 At 12:22 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. The following resolutions were read and adopted: SR 648. By Senator Unterman of the 45th: A RESOLUTION congratulating the Georgia campus of the Philadelphia College of Osteopathic Medicine upon the grand occasion of its tenth anniversary; and for other purposes. SR 649. By Senators James of the 35th, Fort of the 39th, Tate of the 38th and Ramsey, Sr. of the 43rd: A RESOLUTION congratulating the Georgia campus of the Philadelphia College of Osteopathic Medicine upon the grand occasion of its tenth anniversary; and for other purposes. Senator Bethel of the 54th was excused for business outside the Senate Chamber. Senator Unterman of the 45th asked unanimous consent that HB 436, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 436, having been taken from the Table, was put upon its passage. HB 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Committee on Health and Human Services offered the following substitute to HB 436: 3396 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to eliminate the requirement for counseling by a health care provider prior to ordering an HIV test; 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 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, is amended by revising Code Section 31-17-4.2, relating to HIV Pregnancy Screening, as follows: "31-17-4.2. (a) This Code section shall be known and may be cited as the 'Georgia HIV/Syphilis Pregnancy Screening Act of 2007 2015.' (b) Every physician and health care provider who assumes responsibility for the prenatal care of a pregnant women woman during gestation and at delivery shall be required to test such pregnant women woman for HIV and syphilis except in cases where the woman refuses the testing. Additionally, every physician and health care provider who provides prenatal care of a pregnant woman during the third trimester of gestation shall offer to test such pregnant woman for HIV and syphilis at the time of first examination during that trimester or as soon as possible thereafter, regardless of whether such testing was performed during the first two trimesters of her pregnancy. (c) If at the time of delivery there is no written evidence that an HIV test or a syphilis test has been performed, the physician or other health care provider in attendance at the delivery shall order that a sample of the woman's blood be taken or a rapid oral test test for HIV, syphilis, or both be administered at the time of the delivery except in cases where the woman refuses the testing; provided, however, that if available documentation indicates that a test for HIV and syphilis was already performed during the third trimester of her pregnancy in accordance with subsection (b) of this Code section, and the woman does not disclose when questioned any activities posing a risk for infection with HIV or syphilis occurring more recently than would have been detected by such test, the physician or health care provider in attendance at the delivery is not required to order such additional test. (d) The woman shall be informed of the test to be conducted and her right to refuse. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically declines. If the woman tests positive for HIV or syphilis, THURSDAY, APRIL 2, 2015 3397 counseling services provided by the Department of Public Health shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child. (e) If for any reason the pregnant woman is not tested for HIV and syphilis, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician or other health care provider of any other responsibility under this Code section. (f) The Department of Public Health shall be authorized to promulgate rules and regulations for the purpose of administering the requirements under this Code section." SECTION 2. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by revising subsection (c) and paragraph (1) of subsection (g) of Code Section 31-22-9.2, relating to HIV tests, 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 notifying 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 15-11-603, 1710-15, 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." "(1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered and after having been provided counseling and an opportunity to refuse the test; or" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th offered the following amendment #1: Amend the Senate substitute to HB 436 (LC 33 6147S) by replacing "To amend" with "To revise statutory provisions relating to HIV; to amend" on line 1. 3398 JOURNAL OF THE SENATE By inserting after "woman;" on line 4 the following: to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; By inserting between lines 45 and 46 the following: SECTION 1A. Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended in paragraph (1) of subsection (s) by deleting "or" at the end of subparagraph (A) and adding a new subparagraph (C) to read as follows: "(C) Is suspected of being mentally ill and is the subject of an order issued pursuant to Code Section 37-3-41 when the court issuing such order finds in an in camera hearing by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; or" Senator Unterman of the 45th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the Unterman amendment #1 to the committee substitute was withdrawn. Senator Hufstetler of the 52nd offered the following amendment #2: Amend the Senate Committee on Health and Human Services substitute to HB 436 (LC 33 6147S) by adding after "HIV test;" 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 number of advanced practice registered nurses a delegating physician can enter into a protocol agreement with at any one time; By inserting between lines 69 and 70 the following: SECTION 2A. 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 adding a new paragraph to subsection (g) to read as follows: "(4.1) In any community service board;" THURSDAY, APRIL 2, 2015 3399 On the adoption of the amendment, there were no objections, and the Hufstetler 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 Beach E Bethel Y Black Y Burke Butler Y Cowsert Y Crane Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin Y 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 Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 436, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 4/2/15 Due to business outside the Senate Chamber, I missed the vote on HB 436. Had I been present, I would have voted Yea. /s/ Tyler Harper District 7 3400 JOURNAL OF THE SENATE Senator Stone of the 23rd asked unanimous consent that HB 71, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 71, having been taken from the Table, was put upon its passage. HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. The Senate Committee on Judiciary Non-Civil offered the following substitute to HB 71: A BILL TO BE ENTITLED AN ACT To amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon for a serious offense or commutation of a death sentence to a life sentence; to provide for a definition; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the Official Code of Georgia Annotated, relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3401 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the Crime Victims' Bill of Rights, is amended by revising Code Section 17-17-13, relating to notification of impending parole or clemency proceedings, as follows: "17-17-13. The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole, or any other manner of executive clemency action to release a defendant for a period exceeding 60 days, or grant a pardon; and the board shall provide the victim with an opportunity to file a written objection to such action. Within 72 hours of receiving a request to commute a death sentence, the State Board of Pardons and Paroles shall provide notification to a victim of the date set for hearing such request and provide such victim an opportunity to file a written response to such request. No notification to the victim need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Pardons and Paroles with a current mailing or e-mail address and telephone number. Failure of the victim to inform the board of a change of address or telephone number shall not void a decision of the board." SECTION 2. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by revising Code Section 42-9-20.1, relating to public access to information regarding paroled felons residing within this state, as follows: "42-9-20.1. Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony, who have been paroled, and whose current addresses are within the State of Georgia. With respect to each parolee, the board shall provide the parolee's name, sex, date of birth, current address, crime or crimes for which the parolee was convicted, and the beginning and ending dates of such person's parole. The board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored. The board shall be authorized to charge a reasonable fee to cover the costs of providing such information. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 42-9-42, relating to the procedure for granting relief from sentence, conditions, and prerequisites, as follows: 3402 JOURNAL OF THE SENATE "(b)(1) As used in this subsection, the term 'serious offense' means: (A) A serious violent felony as such term is defined in Code Section 17-10-6.1; or (B) A felony offense of: (i) False imprisonment in violation of Code Section 16-5-41 when the victim is not the child of the accused and the victim is less than 14 years of age; (ii) Aggravated assault in violation of Code Section 16-5-21; (iii) Aggravated battery in violation of Code Section 16-5-24; (iv) Trafficking of persons for labor or sexual servitude in violation of Code Section 16-5-46; (v) Cruelty to children in violation of Code Section 16-5-70; (vi) Stalking in violation of Code Section 16-5-90; (vii) Aggravated stalking in violation of Code Section 16-5-91; (viii) Exploitation and intimidation of disabled adults, elder persons, and residents in violation of Code Section 16-5-102; (ix) Sodomy in violation of Code Section 16-6-2; (x) Statutory rape in violation of Code Section 16-6-3; (xi) Child molestation in violation of Code Section 16-6-4; (xii) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xiii) Sexual assault of certain persons in violation of Code Section 16-6-5.1; (xiv) Incest in violation of Code Section 16-6-22; (xv) Sexual battery in violation of Code Section 16-6-22.1; (xvi) Burglary in violation of Code Section 16-7-1; (xvii) Home invasion in violation of Code Section 16-7-5; (xviii) Arson in violation of Code Section 16-7-60; (xix) Possession, manufacture, transport, distribution, possession with the intent to distribute, or offering to distribute an explosive device in violation of Code Section 16-7-82; (xx) Possessing, transporting, or receiving explosives or destructive devices with the intent to kill, injure, or intimidate individuals or destroy public buildings in violation of Code Section 16-7-88; (xxi) Theft by receiving stolen property in violation of Code Section 16-8-7; (xxii) Robbery in violation of Code Section 16-8-40; (xxiii) Sexual exploitation of children in violation of Code Section 16-12-100; (xxiv) Drug related objects in violation of Code Section 16-13-1; (xxv) Approval by the federal Food and Drug Administration as prerequisite to certain sales in violation of Code Section 16-13-4; (xxvi) Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana in violation of Code Section 16-13-30; (xxvii) Licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine; reporting and record-keeping requirements in violation of Code Section 16-13-30.4; (xxviii) Possession of substances with intent to use or convey such substances for the manufacture of Schedule I or Schedule II controlled substances in violation of THURSDAY, APRIL 2, 2015 3403 Code Section 16-13-30.5; (xxix) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine in violation of Code Section 16-13-31; (xxx) Trafficking in ecstasy in violation of Code Section 16-13-31.1; (xxxi) Transactions in drug related objects in violation of Code Section 16-13-32; (xxxii) Transactions in drug related objects in violation of Code Section 16-1332.1; (xxxiii) Use of a communication facility in committing or facilitating commission of an act which constitutes a felony in violation of Code Section 16-13-32.3; (xxxiv) Manufacturing, distributing, dispensing, or possessing controlled substances in, on, or near public or private schools in violation of Code Section 16-13-32.4; (xxxv) Manufacturing, distributing, dispensing, or possessing controlled substances, marijuana, or counterfeit substances near a park or housing project in violation of Code Section 16-13-32.5; (xxxvi) Manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within a drug-free commercial zone in violation of Code Section 16-13-32.6; (xxxvii) Unauthorized distribution and dispensation of a controlled substance in violation of Code Section 16-13-42; (xxxviii) Unauthorized distribution of a controlled substance in violation of Code Section 16-13-43; (xxxix) A violation of Article 3 of Chapter 13 of Title 16 involving dangerous drugs; (xl) A violation of Chapter 14 of Title 16 involving racketeer influenced and corrupt organizations; or (xli) Participating in gang activity in violation of Code Section 16-15-4. (2) A grant of clemency, pardon, parole, or other relief from sentence shall be rendered only by a written decision which shall be signed by at least the number of board members required for the relief granted and which shall become a part of the such individual's permanent record. (3) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, a written decision relating to a pardon for a serious offense or commutation of a death sentence shall: (A) Include the board's findings which reflect the board's consideration of the evidence offered that supports the board's decision; and (B) Be available for public inspection." SECTION 4. Said chapter is further amended by revising Code Section 42-9-43, relating to information to be considered by the board generally, investigation, granting relief, and notice to victim, as follows: 3404 JOURNAL OF THE SENATE "42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be: (1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person; (3) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (4) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; (5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; and (6) The written statements or oral testimony, if any, of the district attorney of the circuit in which the person was sentenced expressing views and making any recommendation as to a pardon for a serious offense, as such term is defined in Code Section 42-9-42, or commutation of a death sentence; (6)(7) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics, including any information prepared by the victim or any individual offering or preparing information on behalf of the victim, for the purpose of the board's consideration of a pardon or commutation of a death sentence if the victim has provided such information to the board; and (8) If the person is or was required to register pursuant to Code Section 42-1-12, any court order issued releasing the person from registration requirements or residency or employment restrictions. (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, 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. THURSDAY, APRIL 2, 2015 3405 (c)(1) The board shall give at least 30 days' advance written notification to the district attorney of the circuit in which the person was sentenced whenever it considers making a final decision on a pardon for a serious offense, as such term is defined in Code Section 42-9-42, and shall provide the district attorney an opportunity to submit information and file a written objection to such action. (2) Within 72 hours of receiving a request to commute a death sentence, the board shall provide written notification to the district attorney of the circuit in which the person was sentenced of the date set for hearing such request and shall provide the district attorney an opportunity to submit information and file a written response to such request. (3) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (d)(1) Before releasing any person on parole, granting a pardon, or commuting a death sentence, the board may have the person appear before it and may personally examine him or her. Thereafter, upon consideration and consider any information it deems relevant or necessary. When objections to relief have been tendered, the board may hold a hearing and consider oral testimony. Upon consideration of the records, papers, documents, and oral testimony submitted, the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. (2) Notice of the board's determination shall be given to such person and to the person being considered, the correctional official having him or her in custody, if applicable, the district attorney who submitted any information or objection, and the victim in accordance with Code Section 17-17-13. (e) If a person in custody is granted a pardon or a parole, the correctional officials official having the such person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person. (f) The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim." SECTION 5. Said chapter is further amended by revising Code Section 42-9-46, relating to cases in which inmate has failed to serve time required for automatic initial consideration, as follows: "42-9-46. Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's name 3406 JOURNAL OF THE SENATE and address are contact information is provided on the impact statement pursuant to Code Section 17-10-1.1 17-17-13. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled." SECTION 6. Said chapter is further amended by revising Code Section 42-9-47, relating to notification of decision to parole inmate, as follows: "42-9-47. Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration, and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed or e-mailed to the victim's address as if such information is provided for in subsection (c) of pursuant to Code Section 17-10-1.1 17-17-13. Failure of the prosecuting attorney to provide an address of the victim or failure of the victim to inform the board of a change of address shall not void a parole date set by the board." SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, as follows: "(b)(1) Except as provided in paragraph (2) of this subsection and subsection (d) of this Code section, all All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all records, papers, and documents coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by the board; provided, however, that the. In making a determination as to whether any information, records, papers, or documents in the possession of the board should be declassified, the board shall consider whether declassification of such materials would assist law enforcement or aid in the protection of the public and whether, in the board's judgment, the public benefit of declassifying such information outweighs other considerations relative to confidentiality and privacy. (2) The board shall be authorized to disclose, upon request: (A) To to an alleged violator of parole or conditional release, the evidence introduced against him or her at a final hearing on the matter of revocation of parole or conditional release; provided, further, that the board may make supervision (B) Supervision records of the board available to probation officials employed with the Department of Corrections and the Sexual Offender Registration Review Board, provided that the same shall remain confidential and not available to any other THURSDAY, APRIL 2, 2015 3407 person or subject to subpoena unless declassified by the board; (C) Information as provided in paragraph (3) of subsection (b) of Code Section 429-42; and (D) Any other information which has been declassified by the board." SECTION 8. Code Section 50-13-9.1 of the Official Code of Georgia Annotated, relating to variance or waiver to rules, is amended by revising subsection (h) as follows: "(h) This Code section shall not apply, and no variance or waiver shall be sought or authorized, when: (1) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program; (2) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities; (3) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions; (4)(3) Any rule or regulation is promulgated or adopted by the Department of Community Health; (5)(4) Any rule or regulation is promulgated or adopted by the Department of Agriculture; (6)(5) Any rules, regulations, standards, or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or (7)(6) The granting of a waiver or variance would be harmful to the public health, safety, or welfare." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senators McKoon of the 29th, Ligon of the 3rd, Williams of the 27th, Crane of the 28th, Williams of the 19th and others offered the following amendment #1: Amend the Senate Judiciary, Non-civil Committee substitute to HB 71 (LC 29 6613S) by replacing lines 8 through 11 with the following: of a death sentence; to provide for exemptions from disclosure; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to correct an incorrect reference prohibiting no variance or waiver in the application of rules and regulations promulgated by the State Board of Pardons and Paroles regarding clemency considerations or actions; to provide for the preservation of religious freedom and an exception for penological rules, regulations, conditions, and policies established by penal institutions and parole and probation entities and programs; to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 3408 JOURNAL OF THE SENATE By replacing lines 257 and 258 with the following: Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (h) of Code Section 50-13-9.1, relating to variance or wavier to rules, as follows: By redesignating Section 9 as Section 12 and inserting between lines 275 and 276 the following: SECTION 9. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 15A 50-15A-1. The purpose of this chapter is to: (1) Guarantee the application of the compelling interest test in all cases where free exercise of religion is substantially burdened; and (2) Provide a claim or defense to persons whose religious exercise is substantially burdened by government. 50-15A-2. (a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this Code section. (b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: (1) In furtherance of a compelling governmental interest; and (2) The least restrictive means of achieving that compelling governmental interest. (c) A person whose religious exercise has been burdened in violation of this chapter may assert that violation as a claim or defense in a judicial proceeding or seek a declaratory judgment or injunctive relief against government. 50-15A-3. Nothing in this chapter shall be construed to: (1) Apply to penological rules, regulations, conditions, or policies established by a penal institution that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised violators, or the public, or to the maintenance of good order and discipline in any penal institution or parole or probation program; or (2) Create any rights by an employee against an employer if such employer is not government. 50-15A-4. As used in this chapter, the term: (1) 'Delinquent act' shall have the same meaning as provided for in Code Section 1511-2. THURSDAY, APRIL 2, 2015 3409 (2) 'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion. (3) 'Exercise of religion' means any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including but not limited to the practice or observance of religion under Paragraphs III and IV of Section I, Article I of the Constitution of this state or the Free Exercise Clause of the First Amendment to the Constitution of the United States, or the use, building, or conversion of real property for the purpose of religious exercise. (4) 'Government' means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including but not limited to the executive, legislative, and judicial branches and every department, agency, board, bureau, office, commission, authority, or similar body thereof; municipalities; counties; school districts; special taxing districts; conservation districts; authorities; any other state or local public instrumentality or corporation; or other person acting under color of law. (5) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances and any entity supervising such violators placed on parole, probation, or other conditional release and any facility for the restrictive custody of children and any entity supervising children who are not in restrictive custody but who are accused of or adjudicated for a delinquent act. (6) 'Restrictive custody' shall have the same meaning as provided for in Code Section 15-11-2." SECTION 10. Said title is further amended in Chapter 21, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, by adding a new article to read as follows: "ARTICLE 3 50-21-50. The defense of sovereign immunity is waived as to any claim, counterclaim, crossclaim, or third-party claim brought in the courts of this state by an aggrieved person seeking a declaratory judgment or injunctive relief against the state or any political subdivision thereof; provided, however, that sovereign immunity is not waived as to any claim for monetary relief, attorney's fees, or expenses of litigation that are included in or related to such claim, counterclaim, cross-claim, or third-party claim. This Code section shall not be construed to alter or amend any other waiver of sovereign immunity provided by law." SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all actions filed on or after such date. 3410 JOURNAL OF THE SENATE Senator McKoon of the 29th offered the following amendment #1a: Amend Amendment 1 to HB 71 by strike ";" from line 64 and insert "." strike "other person acting under color of law." from line 65 Senator McKoon of the 29th asked unanimous consent that his amendments #1 and #1a be withdrawn. The consent was granted, and the McKoon amendments to the committee substitute were withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 55, nays 0. HB 71, having received the requisite constitutional majority, was passed by substitute. THURSDAY, APRIL 2, 2015 3411 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd: 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 gray fox as the official state mammal; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. 3412 JOURNAL OF THE SENATE HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; 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 203. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to provide for reports; 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 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th: A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, THURSDAY, APRIL 2, 2015 3413 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Harper of the 7th asked unanimous consent that HB 374, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 374, having been taken from the Table, was put upon its passage. HB 374. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. The Senate Committee on Finance offered the following substitute to HB 374: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to clarify an exemption for certain leased farm equipment; to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by revising subsection (c) of 3414 JOURNAL OF THE SENATE Code Section 48-5-41.1, relating to an exemption for qualified farm products, as follows: "(c)(1) As used in this subsection, the term 'lease purchase agreement' means a financing agreement under which: (A) A family owned qualified farm products producer has possession and control of farm tractors, combines, or other farm equipment other than motor vehicles equipment and uses such farm equipment directly in the production of agricultural products; and (B) The payments made pursuant to such financing agreement are credited towards the purchase of such farm equipment. (2) Farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which are owned by or held under a lease purchase agreement and directly used in the production of agricultural products by family owned qualified farm products producers shall be exempt from all ad valorem property taxes in this state." SECTION 2. Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, is amended by revising Code Section 48-5-504, relating to selfpropelled farm equipment as a subclassification of motor vehicle for ad valorem taxation purposes, as follows: "48-5-504. (a) As used in this Code section, the term: (1) 'Dealer' means any person who is engaged in the business of selling farm equipment at retail. (2) 'Farm equipment' means any vehicle as defined in Code Section 40-1-1 which is self-propelled and which is designed and used primarily for agricultural, horticultural, forestry, or livestock raising operations. (b) Self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale shall constitute a separate subclassification of motor vehicle within the motor vehicle classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning self-propelled farm equipment for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on self-propelled farm equipment do not apply to self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale. Such self-propelled farm equipment which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such self-propelled farm equipment until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, APRIL 2, 2015 3415 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 2. HB 374, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. Senator Millar of the 40th asked unanimous consent that the Senate adhere to its substitute to HB 520 and that a Conference Committee be appointed. 3416 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Albers of the 56th, Millar of the 40th and Henson of the 41st. Senator Harper of the 7th was excused for business outside the Senate Chamber. Senator Martin of the 9th asked unanimous consent that HB 245, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 245, having been taken from the Table, was put upon its passage. HB 245. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change the amount permissible as a special assessment fee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Martin of the 9th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Beach N Bethel Y Black Y Burke N Butler N Cowsert Y Crane N Davenport Y Dugan Y Fort Y Ginn N Gooch N Harbin Y Harbison E Harper Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson N Unterman Y Watson Y Wilkinson THURSDAY, APRIL 2, 2015 3417 N Heath Henson Y Hill, H Millar N Miller N Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 38, nays 14. HB 245, 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 Higher Education Atlanta, GA 30334 Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 April 2, 2015 I inadvertently voted Yes on HB 245. Please reflect in the Journal that my intent was to vote No. /s/ Brandon Beach 21st District Senator Hill of the 32nd was excused as a Conferee. Senator Unterman of the 45th was excused for business outside the Senate Chamber. Senator Kennedy of the 18th asked unanimous consent that HB 361, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 361, having been taken from the Table, was put upon its passage. HB 361. By Representatives Welch of the 110th, Coomer of the 14th, Weldon of the 3rd, Rogers of the 10th, Dickey of the 140th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to 3418 JOURNAL OF THE SENATE revise defined terms; to clarify and harmonize statutory language; to clarify transfer criteria; to amend Code Section 17-10-14 of the O.C.G.A., relating to committal of person under 17 convicted of felony, so as to correct a crossreference; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of services; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kennedy of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 51, nays 0. HB 361, having received the requisite constitutional majority, was passed. Senator Millar of the 40th asked unanimous consent that HB 416, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. THURSDAY, APRIL 2, 2015 3419 The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 416, having been taken from the Table, was put upon its passage. HB 416. By Representatives Rogers of the 29th, Cooper of the 43rd, Rynders of the 152nd, Kidd of the 145th, Hatchett of the 150th 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 provide for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; to provide for related matters; to provide for an effective date; 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach N Bethel Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock N Parent N Ramsey N Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson N Williams, M Williams, T 3420 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 44, nays 7. HB 416, having received the requisite constitutional majority, was passed. Senator Thompson of the 14th asked unanimous consent that HB 316, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 316, having been taken from the Table, was put upon its passage. HB 316. By Representatives Reeves of the 34th, Meadows of the 5th, Smith of the 134th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thompson of the 14th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison E Harper Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Martin Y McKoon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer N Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson THURSDAY, APRIL 2, 2015 3421 Y Heath Y Henson Y Hill, H Y Millar Y Miller Y Mullis Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 1. HB 316, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 4/2/15 Due to business outside the Senate Chamber, I missed the vote on HB 316. Had I been present, I would have voted Yes. /s/ P.K. Martin District 9 The following Senators were excused for business outside the Senate Chamber: Dugan of the 30th Ginn of the 47th Jackson of the 2nd Senator Williams of the 19th asked unanimous consent that HB 524, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 524, having been taken from the Table, was put upon its passage. HB 524. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to establish a trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. 3422 JOURNAL OF THE SENATE The Senate Committee on Judiciary offered the following substitute to HB 524: A BILL TO BE ENTITLED AN ACT To amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to establish a trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; 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 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, is amended as follows: "10-1-490. (a) Beginning on July 1, 2015, every Every person, firm, or partnership carrying on in this state any trade, or business, or profession under any trade name or partnership name or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days from March 29, 1937, or thereafter before commencing to do business, file in the office of the clerk of the superior court of the county in which the business is chiefly carried on or, in the case of a domestic corporation using any name other than its corporate name, in the county of its legal domicile, a standardized registration statement, verified by and an affidavit, using forms created by the Georgia Superior Court Clerks' Cooperative Authority and setting forth the name or names and addresses of the person, persons, firm, or partnership owning and carrying on said trade or business and stating the nature of the business being carried on and the trade, partnership, or other name used and shall, upon any change of ownership, likewise file a new and amended statement of registration. Notice of such filing giving the names and addresses of each person, firm, or partnership to engage in business under such trade name or partnership name shall be delivered to and published in the paper in which the sheriff's advertisements are printed legal organ of the appropriate county once a week for two weeks. No person, firm, or partnership already registered shall be required to reregister except in the event of a change of ownership. For the purpose of including a trade or business name registered prior to July 1, 2015, but not included in the trade name registry provided for in Code THURSDAY, APRIL 2, 2015 3423 Section 15-6-97, such trade or business name may be reregistered for inclusion in such registry. Such reregistration shall not adversely affect the date of filing of any previous registration. The total fee for reregistration shall be as provided in subparagraph (g)(10)(B) of Code Section 15-6-77, and the fees provided for by Code Sections 1521A-6 and 15-21A-6.1 shall not apply. (b) Beginning on July 1, 2015, The clerk shall register the same by filing the verified statement in his office and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office, the index to show the trade, partnership, or other name registered and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with the fee prescribed by Code Section 15-6-77, relating to fees of clerks of the superior courts, as amended shall be completed by the registrant and filed with the proper clerk of superior court. Upon payment by the registrant of the fee required in subparagraph (g)(10)(A) of Code Section 15-6-77, excluding costs for publication paid to the county legal organ, the clerk of such superior court shall file, process, and record the verified statement in an automated system. (c) A copy of the verified statement required by subsection (b) of this Code section shall be transmitted: (1) Electronically by the clerk of superior court to the Georgia Superior Court Clerks' Cooperative Authority pursuant to paragraph (15.1) of subsection (a) of Code Section 15-6-61; and (2) By the registrant to the county or municipal governmental agency that issues business licenses within ten days before the registrant commences to do business. (d) When a person, firm, or partnership that has filed a trade name registration statement pursuant to this Code section ceases to carry on in this state the trade, business, or profession under the registered trade name, such person, firm, or partnership may cancel the trade name by filing with the clerk of the superior court in which the trade name was registered a completed affidavit to be provided by the Georgia Superior Court Clerks' Cooperative Authority. There shall be no fee for cancellation of a trade name registration." SECTION 1-2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended in subsection (a) of Code Section 15-6-61, relating to duties of clerks of superior courts, by adding a new paragraph to read as follows: "(15.1) To participate in any network established by the Georgia Superior Court Clerks' Cooperative Authority pursuant to Code Section 15-6-97 for the purposes of providing public electronic access to trade name registrations. Each clerk of superior court shall provide to the authority or its designated agent, in accordance with any applicable rules and regulations of the authority, such documents and other information necessary to evidence all trade name registrations, reregistrations, and cancellations filed in his or her office as required by Code Section 10-1-490." 3424 JOURNAL OF THE SENATE SECTION 1-3. Said article is further amended by revising paragraph (10) of subsection (g) of Code Section 15-6-77, relating to fees, as follows: "(10) Trade names: (A) Registering and filing trade names pursuant to Code Section 10-1-490 15.00 (B) Reregistering an existing trade name in the trade name registry . . . . . . 15.00 This paragraph shall stand repealed effective December 31, 2020." SECTION 1-4. Said article is further amended by revising Code Section 15-6-97, relating to the development and implementation of a state-wide uniform automated information system, as follows: "15-6-97. (a)(1) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development and implementation of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall have authority to implement rules and regulations necessary to develop and implement the system described in this Code section. (2) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement a uniform automated information system for trade names registered in the offices of the clerks of superior court of this state pursuant to Code Section 10-1-490. (b) In furtherance of development and implementation of the systems provided for in this Code section, the Georgia Superior Court Clerks' Cooperative Authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall create standardized forms for use in connection with filings pursuant to Code Section 10-1-490 and shall have the authority to develop rules and regulations necessary for the usage of such forms and to implement the systems described in this Code section. (b)(c) The Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law: (1) To provide for the collection of moneys; (2) To manage, control, and direct such funds and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Cooperative Authority in its discretion shall determine will best further the public THURSDAY, APRIL 2, 2015 3425 purpose of the authority; and (4) To exercise all other powers necessary for the development and implementation of the system systems provided for in this Code section." SECTION 1-5. Said article is further amended by revising subsection (b) of Code Section 15-6-98, relating to collection of fees and remittance of real estate and personal property fees to the Georgia Superior Court Clerks' Cooperative Authority, as follows: "(b) From the fees enumerated in division (f)(1)(A)(i) and paragraph (10) of subsection (g) of Code Section 15-6-77, the Georgia Superior Court Clerks' Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected. This subsection shall stand repealed effective December 31, 2020." SECTION 1-6. Said article is further amended by revising subsection (a) of Code Section 15-6-99, relating to the re-creation of grantor and grantee indexes, as follows: "(a) The Georgia Superior Court Clerks' Cooperative Authority is authorized to recreate grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in paragraph (1) of subsection (a) of Code Section 15-6-97. The number of prior year indexes to be recreated shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index." PART II SECTION 2-1. Said article is further amended in subsection (g) of Code Section 15-6-77, relating to fees, by enacting a new paragraph (10) to read as follows: "(10) Trade names: (A) Registering and filing trade names . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 (B) Reregistering an existing trade name in the trade name registry. . . . . 15.00" SECTION 2-2. Said article is further amended in Code Section 15-6-98, relating to collection of fees and remittance of real estate and personal property fees to the Georgia Superior Court Clerks' Cooperative Authority, by enacting a new subsection (b) to read as follows: 3426 JOURNAL OF THE SENATE "(b) From the fees enumerated in division (f)(1)(A)(i) of Code Section 15-6-77, the Georgia Superior Court Clerks' Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected." PART III SECTION 3-1. (a) Parts I and III of this Act shall become effective on July 1, 2015. (b) Part II of this Act shall become effective on January 1, 2021. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort E Ginn Y Gooch Y Harbin 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 Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 524, having received the requisite constitutional majority, was passed by substitute. THURSDAY, APRIL 2, 2015 3427 Senator Jones of the 25th asked unanimous consent that HB 180, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 180, having been taken from the Table, was put upon its passage. HB 180. By Representatives Kidd of the 145th, Epps of the 144th, Yates of the 73rd, Sharper of the 177th and Peake of the 141st: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans' Home, so as to revise residency requirements to qualify for admission to the War Veterans' Home; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort E Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 180, having received the requisite constitutional majority, was passed. 3428 JOURNAL OF THE SENATE Senator Hill of the 6th asked unanimous consent that HB 426, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 426, having been taken from the Table, was put upon its passage. HB 426. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd 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 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 an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. The Senate Committee on Finance offered the following substitute to HB 426: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide 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 create an exemption for certain food and food ingredients; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraphs (7.05) and (7.3) as follows: "(7.05)(A) For the period commencing on July 1, 2008 2015, and ending on June 30, 2010 2018, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall THURSDAY, APRIL 2, 2015 3429 mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (C) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;" "(7.3)(A) For the period commencing July 1, 2008 2015, and ending June 30, 2010 2018, 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. (B) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;" SECTION 1A. Said Code section is further amended by revising paragraphs (57.2) and (57.3) as follows: "(57.2)(A) For the period commencing July 1, 2007 2015, and ending on June 30, 2011 2020, the use of prepared food and food ingredients which is donated to a 3430 JOURNAL OF THE SENATE qualified nonprofit agency and which is used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.3)(A) For the period commencing July 1, 2007 2015, and ending on June 30, 2011 2020, the use of prepared food and food ingredients which is donated following a natural disaster and which is used for disaster relief purposes. (B) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (C) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;" SECTION 2. This Act shall become effective on July 1, 2015. 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort E Ginn Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson THURSDAY, APRIL 2, 2015 3431 Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 1. HB 426, having received the requisite constitutional majority, was passed by substitute. At 2:10 p.m. the President announced that the Senate would stand in recess until 2:40 p.m. At 2:40 p.m. the President called the Senate to order. The following resolution was read and adopted: SR 650. By Senators Henson of the 41st, Millar of the 40th, Cowsert of the 46th and Mullis of the 53rd: A RESOLUTION recognizing and commending Travis J. Crawford; and for other purposes. The following message was received from the House through Mr. Reilly, 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 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Rynders of the 152nd, Mitchell of the 88th, and Brockway of the 102nd. Senator Millar of the 40th was excused as a Conferee. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. 3432 JOURNAL OF THE SENATE Senator Bethel of the 54th asked unanimous consent that HB 84, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 84, having been taken from the Table, was put upon its passage. HB 84. By Representatives Cheokas of the 138th, Meadows of the 5th, Duncan of the 26th and Smith of the 134th: 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 prohibit denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to the loss upon which the claim is based; to provide for applicability; 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 Beach Y Bethel Y Black Burke Butler Y Cowsert Y Crane Y Davenport E Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler Jackson, B Jackson, L Y James Y Jeffares Jones, B Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Martin Y McKoon C Millar Miller E Mullis Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 37, nays 0. HB 84, having received the requisite constitutional majority, was passed. THURSDAY, APRIL 2, 2015 3433 The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House: HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; 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 428. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; 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 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others: 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 that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that HB 152, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. 3434 JOURNAL OF THE SENATE The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 152, having been taken from the Table, was put upon its passage. HB 152. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The Senate Committee on Regulated Industries and Utilities offered the following substitute to HB 152: 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 prohibit certain conduct related to alcohol; to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for definitions; to change certain provisions relating to notice to the Department of Revenue of violations relating to the sale of alcoholic beverages to underage persons; to require self-reporting of disciplinary actions to the department by persons licensed to manufacture, distribute, or sell alcoholic beverages; to provide for fines and penalties; to provide for the reporting of certain disciplinary actions by counties and municipalities which issue licenses or permits for the manufacture, distribution, or sale of alcoholic beverages; to provide for the state revenue commissioner to promulgate certain rules and regulations; to prohibit individuals under a certain age from being bouncers for or entering certain establishments; to prohibit the manufacture, use, sale, and possession of powdered alcohol; to provide for exceptions; to provide for penalties; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new paragraph to Code Section 3-1-2, relating to definitions, to read as follows: "(2.1) 'Bar' means any premises at which a retailer licensed pursuant to this title to THURSDAY, APRIL 2, 2015 3435 sell alcoholic beverages derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises." SECTION 2. Said title is further amended by revising Code Section 3-3-2.1, relating to notice to the Department of Revenue of violations relating to the sale of alcoholic beverages to underage persons, as follows: "3-3-2.1. (a) As used in this Code section, the term: (1) 'Disciplinary action' means any citation or arrest arising out of the violation of any law, rule, regulation, resolution, or ordinance of a governmental entity relating to the manufacture, distribution, sale, or possession of alcoholic beverages against a licensee, an employee of a licensee, or any person holding a financial interest in the license of the licensee on the premises or place of business of any licensee. (2) 'Governmental entity' means the United States government, any state governmental, any local government, and any department, agency, or instrumentality thereof. (3) 'Licensee' means any person issued a license pursuant to this title by a governmental entity to operate a bar. (b)(1) Within 45 days of any disciplinary action, the licensee shall notify the department of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the department, using a format to be determined by the department. (2) The commissioner may impose a fine not to exceed $750.00 for each violation of paragraph (1) of this subsection. A second or subsequent violation of paragraph (1) of this subsection which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person's license. (c) Every Whenever any county or municipality which issues permits or licenses authorizing the manufacture, distribution, or sale of alcoholic beverages is made aware of the fact that the holder of any such permit or license has been convicted of violating paragraph (1) of subsection (a) of Code Section 3-3-23, prohibiting the furnishing of alcoholic beverages to underage persons, or takes any shall by resolution or ordinance adopt a policy and implement a process by which any disciplinary action against the holder of any such permit or license for violating any state law or local ordinance relating to the sale of alcoholic beverages to underage persons, the county or municipality shall notify a licensee shall be reported to the department of such violation within 45 days of any officer, department, agency, or instrumentality of such county or municipality taking such disciplinary action. (d) The commissioner shall determine and make available the format for the reporting of disciplinary actions and shall promulgate rules and regulations as to the implementation and use of such reporting method." 3436 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by revising Code Section 3-3-24.1, relating to definition and penalty, as follows: "3-3-24.1. Reserved. (a) As used in this Code section, the term 'bouncer' means an individual primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof. (b) No person shall allow or require an individual under the age of 21 to serve as a bouncer on a premises or in an establishment where alcoholic beverages are dispensed, served, or sold pursuant to a license issued under this title. (c) No individual under the age of 21 shall enter or be allowed to enter a bar unless he or she is accompanied by his or her parent, guardian, or spouse who is 21 years of age or older." SECTION 4. Said title is further amended by adding a new Code section to read as follows: "3-3-34. (a) For purposes of this Code section, the term 'powdered alcohol' means a powdered or crystalline substance that contains any amount of alcohol for direct use or reconstitution. (b)(1) No person shall manufacture, use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol. (2) No person licensed or issued a permit pursuant to this title shall use powdered alcohol as an alcoholic beverage or use powdered alcohol to create an alcoholic beverage. (c) This Code section shall not apply to the use of powdered alcohol for bona fide research purposes by a: (1) Health care provider that operates primarily for the purpose of conducting scientific research; (2) State institution; (3) Private college or university; or (4) Pharmaceutical or biotechnology company. (d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. (e) Any violation of this Code section by a person licensed or issued a permit pursuant to this title shall constitute grounds for the suspension and revocation of any and all of such licenses and permits issued to such person." SECTION 5. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2016. (b) Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. THURSDAY, APRIL 2, 2015 3437 SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th offered the following amendment #1: Amend Committee Substitute (LC 36 2823S) to HB 152 by inserting on page 2, line 46 at the end of the line after the word "licenses" the words "to a licensee" by adding on page 3, line 72 after the word "older" the words "unless to attend a musical performance or concert or presentation of the performing arts". On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin Y McKoon C Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 52, nays 2. HB 152, having received the requisite constitutional majority, was passed by substitute. 3438 JOURNAL OF THE SENATE The following communication was received by the Secretary: April 2, 2015 I inadvertently voted NO on HB 152. Please reflect in the Journal that my intent was to vote yes. /s/ William T. Ligon, Jr. District 3 Senator Black of the 8th asked unanimous consent that HB 217, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 217, having been taken from the Table, was put upon its passage. HB 217. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Black of the 8th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 February 17, 2015 THURSDAY, APRIL 2, 2015 3439 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 217 (LC 43 0099S) Dear Representative Maxwell: This substitute bill would amend provisions relating to certified and uncertified forms of investments and real estate investments under the Public Retirement Systems Investment Authority Law. Specifically, this bill would expand the list of allowable investments for public retirement funds to include the following: Shares of mutual funds registered with the Securities and Exchange Commission of the United States under the Investment Company Act of 1940, and Commingled funds and collective investment funds regulated by the Office of the Comptroller of the Currency of the United States Department of the Treasury, including common and group trusts. 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 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke N Butler Y Cowsert Y Crane Y Davenport Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate 3440 JOURNAL OF THE SENATE Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper Y Heath N Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 3. HB 217, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: April 2, 2015 I inadvertently voted no on HB 217. Please reflect in the Journal that my intent was to vote yes. /s/ Gloria S. Butler District 55 The following bill was taken up to consider House action thereto: HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. Senator Henson of the 41st asked unanimous consent that the Senate adhere to its substitute to HB 515 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Henson of the 41st, Millar of the 40th and Albers of the 56th. Senator Burke of the 11th asked unanimous consent that HB 409, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 409, having been taken from the Table, was put upon its passage. THURSDAY, APRIL 2, 2015 3441 HB 409. By Representatives Taylor of the 173rd, Sims of the 123rd, Harbin of the 122nd, Cooper of the 43rd, Carter of the 175th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; 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: Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the passage of the bill, the yeas were 52, nays 0. HB 409, having received the requisite constitutional majority, was passed. Senator Mullis of the 53rd was excused as a Conferee. Senator Wilkinson of the 50th asked unanimous consent that HB 268, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. 3442 JOURNAL OF THE SENATE The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 268, having been taken from the Table, was put upon its passage. HB 268. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wilkinson of the 50th. The Senate Committee on Judiciary Non-Civil offered the following substitute to HB 268: A BILL TO BE ENTITLED AN ACT To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for consistent usage of defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, is amended by revising subsections (a), (c), (d), and (e) as follows: "(a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear on the situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof." "(c)(1) The following persons having reasonable cause to believe that a child has been abused suspected child abuse has occurred shall report or cause reports of that such abuse to be made as provided in this Code section: (A) Physicians licensed to practice medicine, physician assistants, interns, or residents; THURSDAY, APRIL 2, 2015 3443 (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 26 of Title 43 or nurse's aides; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) School teachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that such agency is defined pursuant to in Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; (N) Law enforcement personnel; or (O) Reproductive health care facility or pregnancy resource center personnel and volunteers. (2) If a person is required to report child abuse pursuant to this subsection because that such person attends to a child pursuant to such person's duties as an employee of or volunteer at a hospital, school, social agency, or similar facility, that such person shall notify the person in charge of the such hospital, school, agency, or facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, or modification, or make any other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report. (3) When a person identified in paragraph (1) of this subsection has reasonable cause to believe that child abuse has occurred involving a person who attends to a child pursuant to such person's duties as an employee of or volunteer at a hospital, school, social agency, or similar facility, the person who received such information shall notify the person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in 3444 JOURNAL OF THE SENATE charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, or modification or make any other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report. (d) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused suspected child abuse has occurred may report or cause reports to be made as provided in this Code section. (e) With respect to reporting required by subsection (c) of this Code section, an An oral report by telephone or other oral communication or a written report by electronic submission or facsimile shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and that suspected child abuse has occurred. When a report is being made by electronic submission or facsimile to the Division of Family and Children Services of the Department of Human Services, it shall be done in the manner specified by the division. Oral reports shall be followed by a later report in writing, if requested, to a child welfare agency providing protective services, as designated by the Division of Family and Children Services of the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital employees or volunteers, physicians, law enforcement personnel, school officials, or employees or volunteers of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. THURSDAY, APRIL 2, 2015 3445 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller C Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 54, nays 0. HB 268, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th: A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. 3446 JOURNAL OF THE SENATE HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; 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 repeal conflicting laws; and for other purposes. HB 510. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide THURSDAY, APRIL 2, 2015 3447 for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 94. By Senators Bethel of the 54th and Cowsert of the 46th: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to search and seizure, so as to revise and modernize the law relating to search and seizure; to provide for definitions; to provide for seizure of intangible property; to change provisions relating to searches without warrants; to authorize the recording of the execution of a search warrant; to provide for a procedure for sealing and delaying disclosure of search warrants, supporting documentation thereof, and returns under certain circumstances; to change the standard for suppressing evidence; to reorganize the use of wiretapping and surveillance into the search and seizure chapter; to provide for a procedure for the installation and use of tracking devices, pen registers, and trap and trace devices; to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to repeal provisions relating to wiretapping and surveillance now contained in Chapter 5 of Title 17; to amend Code Sections 2-2-11, 2-15-14, 12-2-2, 15-18-15, 27-4-263, 49-4-146.3, and Title 16 of the Official Code of Georgia Annotated, relating to inspection warrants for the Department of Agriculture, inspection warrants for pacific white shrimp aquaculture; inspection warrants for the environmental protection division, the chief assistant district attorney, inspection warrants for the Aquaculture Development Commission, forfeiture of property and proceeds obtained through Medicaid fraud, and crimes and offenses, respectively, so as to conform cross-references; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require a procedure for enhancing 3448 JOURNAL OF THE SENATE witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to prohibit suppression of evidence under certain circumstances; to provide for related matters; to provide for an effective date, a delayed effective date, and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SEARCH, SEIZURE, WIRETAP SECTION 1-1. Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to search and seizure, is amended by revising Article 1, relating to searches without warrants, as follows: "ARTICLE 1 17-5-1. As used in this article, the term: (1) 'Another state' means: (A) A state of the United States other than Georgia; (B) The District of Columbia; and (C) Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, including an Indian tribe or band or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (2) 'Certified peace officer' means any individual who has been subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and has completed the training required by such chapter. (3) 'Contraband' means any item, substance, object, thing, or matter, the possession of which is unlawful under the laws of this state or of the United States. (4) 'Judicial officer' means: (A) Any judge of a court of this state; (B) Any other official authorized to hold a court of inquiry to examine into an arrest of an offender for a violation of the criminal laws of this state; or (C) Any retired or senior judge or judge emeritus of a court of record when an active judge of a court of record in the jurisdiction wherein a search warrant is sought authorizes such judge, in writing, to issue search warrants or conduct hearings provided for in Article 1 or 2 of this chapter. (5) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2 and shall also mean: (A) A certified peace officer employed by a university, college, or school pursuant THURSDAY, APRIL 2, 2015 3449 to Code Section 20-3-72 or Chapter 8 of Title 20; (B) A certified peace officer employed by a district attorney or solicitor-general; or (C) A probation supervisor or probation officer employed by the Department of Corrections, the Department of Juvenile Justice, or any political subdivision of this state. (6) 'Property' means instruments, articles or things, any information or data, and anything that is tangible or intangible, corporeal or incorporeal, visible or invisible. (7) 'Stolen property' means any property unlawfully taken, converted, embezzled, or otherwise obtained without permission or right, in violation of the laws of this state, another state, the United States, or any foreign nation. 17-5-2. (a) A When a lawful arrest is effected a peace officer may reasonably search the person an individual lawfully arrested and the area within the such person's immediate presence for the purpose of: (1) Protecting the peace officer from attack; (2) Preventing the person individual from escaping; (3) Discovering or seizing the fruits of the crime for which the person has been arrested; or (4) Discovering or seizing any instruments, articles, or things property which are is being used or which may have been used in the commission of the crime for which the person has been arrested. (b) Nothing When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him a peace officer, in the course of a lawful search, from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible contraband, or any other property that is evidence of the commission of a crime against the laws of this state, the United States, or another state. 17-5-2. 17-5-3. An inventory of all instruments, articles, or things property that is seized in a search without a search warrant shall be given to the person individual arrested and a copy thereof delivered to the judicial officer before whom the person individual arrested is taken. If the person individual arrested is released without a charge being preferred against him, all instruments, articles, or things such individual, all property seized, other than contraband or stolen property, shall be returned to him such individual upon release." SECTION 1-2. Said chapter is further amended by revising Article 2, relating to searches with warrants, as follows: 3450 JOURNAL OF THE SENATE "ARTICLE 2 Part 1 17-5-20. As used in this article, the term: (1) 'Another state' shall have the same meaning as set forth in Code Section 17-5-1. (2) 'Contraband' shall have the same meaning as set forth in Code Section 17-5-1. (3) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire communication, oral communication, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment, or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of electronic communication service in the ordinary course of its business or by an investigative or peace officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; (C) Focusing, lighting, or illuminating equipment or optical magnifying equipment; and (D) A pen register or trap and trace device. (4) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce, but shall not include: (A) Any wire communication or oral communication; (B) Any communication made through a tone-only paging device; (C) Any communication from a tracking device; or (D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (5) 'Electronic communication service' means any service which provides to users thereof the ability to send or receive wire communications or electronic communications. (6) 'Judicial officer' shall have the same meaning as set forth in Code Section 17-5-1. THURSDAY, APRIL 2, 2015 3451 (7) 'Oral communication' means any oral communication uttered by an individual exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term shall not include any electronic communication. (8) 'Peace officer' shall have the same meaning as set forth in Code Section 17-5-1. (9) 'Pen register' means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which an electronic communication or wire communication is transmitted; provided, however, that such information shall not include the contents of any communication. Such term shall not include any device or process used by a provider or customer of an electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider nor any device or process used by a provider or customer of an electronic communication service for cost accounting or similar purposes in the ordinary course of its business. (10) 'Property' shall have the same meaning as set forth in Code Section 17-5-1. (11) 'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system. (12) 'Stolen property' shall have the same meaning as set forth in Code Section 17-51. (13) 'Tracking device' means any device that permits the tracking of the movement of an individual or physical object. (14) 'Trap and trace device' means a device or process that captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire communication or electronic communication; provided, however, that such information shall not include the contents of any communication. (15) 'Wire communication' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by persons engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce. 17-5-21. (a) A search warrant may shall be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified request of a peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of: (1) The state or a political subdivision of the state; or (2) A university, college, or school. (b) A search warrant shall not be issued upon the application of a private citizen or for his a private citizen's aid in the enforcement of personal, civil, or property rights. 3452 JOURNAL OF THE SENATE 17-5-21. 17-5-22. (a) Any peace officer seeking a search warrant while engaged in the course of official duty shall submit a written request for such warrant, Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed, or has been committed, or is about to be committed and which particularly describes the place or person, or both, to be searched and things the individuals or property to be seized, any. Such request for a search warrant may include related documents and oral testimony. Any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, referred to in this Code section as 'judicial officer,' may issue a search warrant for the search or seizure of the following: (1) Any instruments, articles, or things, including the private papers of any person, which are property that is designed, intended for use, or which have has been used in the commission of the offense in connection with for which the search warrant is issued; (2) Any person individual who has been kidnapped or unlawfully restrained in violation of the laws of this state, who has been kidnapped in another jurisdiction state and is now concealed within this state, or any human fetus or human corpse; (3) Stolen or embezzled property; (4) Any item, substance, object, thing, or matter, the possession of which is unlawful contraband; or (5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible property that is evidence of the commission of the crime for which probable cause is shown; or (6) Another person's property when an arrest warrant has been issued for an individual who is located within such other person's property. (b) When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him preclude such officer from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible contraband, or any other property that is evidence of the commission of a crime against the laws of this state, the United States, or another state. (c) Other personnel, sworn or unsworn, acting under the direction of a peace officer executing a search warrant may assist in the execution of such warrant. While in the process of effecting a lawful arrest or search, nothing in this Code section nor in Code Section 16-11-62 shall be construed to preclude the use of any device by the peace officer executing the search warrant or other personnel assisting in the execution of such warrant. Any retired judge or judge emeritus of a state court may issue search warrants as authorized by this Code section if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued. THURSDAY, APRIL 2, 2015 3453 (d) Notwithstanding any provisions of Code Section 17-5-20 17-5-21 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be executed beyond the arrest jurisdiction of a campus policeman police officer pursuant to Code Section 20-3-72, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be conducted. 17-5-21.1. 17-5-23. (a) A judge of any court in this state judicial officer authorized to issue search warrants may, in lieu of receiving a written request pursuant to Code Section 17-5-21 17-5-22 may, as an alternative to other laws relating to the issuance of search warrants, receive and conduct such applications requests 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 judicial officer at the time of the video conference, provided that the judge judicial officer issuing the search 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. (b) Search warrant applications requests heard by video conference shall be conducted in a manner to ensure that the judge judicial officer conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony. (c) The affiant participating in a search warrant application request by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which that identifies the person individual signing the affidavit and any related documents. The judge judicial officer participating in a search warrant application request by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge judicial officer, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which that identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications requests shall be deemed to be written within the meaning of Code Section 17-5-21 17-5-22. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22 17-5-24. (d) A judge judicial officer hearing matters pursuant to this Code section shall administer an oath to any person individual testifying by means of a video conference. (e) A video recording of the application search warrant request hearing and any documents submitted in conjunction with the application such request shall be maintained as part of the record. 3454 JOURNAL OF THE SENATE 17-5-22. 17-5-24. (a) All search warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he such officer is then sitting. Such warrants need not bear the seal of the court or clerk thereof. Until the search warrant has been executed or has been returned as not executed, the search warrant and all supporting documents, recordings, and transcripts shall not be subject to public inspection. The search warrant, the complaint on which the warrant is issued, the affidavit or affidavits and all supporting the documentation for such warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the within a reasonable time after the search warrant has been executed or has been returned or has been returned 'not executed'; provided, however, that the judicial officer shall keep a docket record of all search warrants issued by him, and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket. (b)(1) The prosecuting attorney may petition the court ex parte for a search warrant and all supporting documentation therefor, including recordings or transcripts supporting such warrant, to be filed under seal with the clerk when the prosecuting attorney can show reasonable cause to believe that disclosure of the search warrant and supporting documentation therefor may: (A) Endanger the life or physical safety of an individual; (B) Result in the flight of an individual from prosecution; (C) Lead to the destruction of or tampering with evidence; (D) Cause the intimidation of potential witnesses; (E) Seriously jeopardize an investigation; or (F) Unduly delay a trial. (2) A judicial officer may order that a search warrant and all supporting documentation therefor, including recordings or transcripts supporting such warrant, the return for such warrant, and the petition of the prosecuting attorney requesting sealing be filed under seal with the clerk until such time as the judicial officer may direct, up to an initial period of 60 days. Upon application by the prosecuting attorney, the judicial officer may extend the initial sealing for additional periods not to exceed 60 days; provided, however, that such sealing shall not extend beyond the return of the indictment or the filing of an accusation in which property or evidence seized may be admitted into evidence. 17-5-23. 17-5-25. A The search warrant shall command the peace officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things individuals or property particularly described in the search warrant. A search warrant may be executed at any reasonable time. 17-5-24. 17-5-26. (a) A The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However,; provided, however, that the THURSDAY, APRIL 2, 2015 3455 judicial officer may direct the search warrant to be executed by any peace officer named specially therein. 17-5-25. (b) A The search warrant shall be executed within ten days from the time of issuance. If the search warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are individual or property was seized; or, if no person individual is available, the copy shall be left in a conspicuous place on the premises from which the instruments, articles, or things were seized individual or property was seized; provided, however, that no copy shall be left in a conspicuous place if the judicial officer issuing such warrant has ordered the search warrant to be sealed pursuant to Code Section 17-5-24. (c) Any search warrant not executed within ten days from the time of issuance shall be void and shall be returned to the court of the judicial officer issuing the same as 'not executed.' 17-5-26. The search warrant may be executed at any reasonable time. 17-5-27. (a) All necessary and reasonable force may be used to effect an entry into any building or property place to be searched or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the peace officer directed to execute the same of his the peace officer's authority and purpose: (1) The peace officer He is refused admittance; (2) The person or persons individuals within the building or property place to be searched or part thereof refuse to acknowledge and answer the verbal notice or the presence of the person or persons individuals therein is unknown to the peace officer; or (3) The building or property place to be searched or part thereof is not then occupied by any person. 17-5-28. (b) In the execution of the search warrant the peace officer executing the same may reasonably detain or search any person individual in the place at the time: (1) To protect himself the peace officer and any other individual assisting in the execution of such warrant from attack; or (2) To prevent the disposal or concealment of any instruments, articles, or things particularly described in the search warrant property or contraband. 17-5-29. 17-5-28. A written return of all instruments, articles, or things property seized shall be made without unnecessary delay before the any judicial officer named in the warrant or 3456 JOURNAL OF THE SENATE before any court of competent jurisdiction of the same court as the judicial officer that issued the search warrant. An inventory of any instruments, articles, or things seized property seized shall be filed with the return and signed under oath by the peace officer executing the warrant. If the return has been sealed pursuant to Code Section 17-5-24, the inventory shall also be sealed. Unless the return has been sealed, the The judicial officer or court shall, upon request, deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles, or things were property was taken and to the applicant for the search warrant. 17-5-30. 17-5-29. (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that: (1) The search and seizure without a warrant was illegal; or (2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed. (b) The motion shall be in writing and state facts showing that the search and seizure were was unlawful. Such motion shall be filed within ten days after arraignment, unless the time for filing such motion is extended by the court. The judge court shall conduct and receive evidence out of the presence at a hearing on such motion prior to the empaneling of the jury on any issue of fact necessary to determine the motion; and the such motion. The burden of proving that the search and seizure were was lawful shall be on the state. If the motion is granted, the state may appeal as provided in Code Section 5-7-1. The property shall be restored, if the state does not appeal or if the order is affirmed on appeal unless such property is otherwise subject to lawful detention,; and it shall not be admissible in evidence against the movant in any trial except as impeachment or rebuttal evidence. (c) The motion shall be made only before a court with jurisdiction to try the offense. If a criminal accusation is filed or if an indictment or special presentment is returned by a grand jury, the motion shall be made only before the court in which the accusation, indictment, or special presentment is filed and pending. 17-5-31. (d) No search warrant shall be quashed or evidence shall be suppressed or property returned because of a technical irregularity not affecting the substantial rights of the accused. 17-5-32. 17-5-30. (a) As used in this Code section, the term 'documentary evidence' includes but is shall not be limited to writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, and papers of any type or description. THURSDAY, APRIL 2, 2015 3457 (b) Notwithstanding any other provision of law, no search and seizure without a search warrant shall be conducted and no search warrant shall be issued for any documentary evidence in the possession of an attorney who is not a criminal suspect, unless the application request for the search warrant specifies that the place to be searched is in the possession or custody of an attorney and also shows that there is probable cause to believe that the documentary evidence will be destroyed or secreted in the event a search warrant is not issued. This Code section shall not impair the ability to serve search warrants in cases in which the search is directed against an attorney if there is probable cause to suspect such attorney has committed a crime. This Code section shall not impair the ability to serve subpoenas on nonsuspect attorneys. (c) In any case in which there is probable cause to believe that documentary evidence will be destroyed or secreted if a search warrant is not issued, no search warrant shall be issued or be executed for any documentary evidence in the possession or custody of an attorney who is not a criminal suspect, unless: (1) At at the time the search warrant is issued, the court shall appoint judicial officer appoints a special master to accompany the person peace officer who will serve the search warrant. The special master shall be an attorney who is a member in good standing of the State Bar of Georgia and who has been selected from a list of qualified attorneys maintained by the State Bar of Georgia. An attorney shall not be appointed as a special master if there is a significant risk that his or her own interests or duties to another client, former client, or a third person will be materially and adversely affected by such appointment. Upon service of the search warrant, the special master shall inform the party person served of the specific items property being sought and that the party person shall have the opportunity to provide the items property requested. If the party person, in the judgment of the special master, fails to provide the items property requested, the special master shall conduct a search for the items property in the areas indicated in the search warrant;. (2)(d) If the party person who has been served with a search warrant states that an item or items property should not be disclosed, such item or items property shall be sealed by the special master and taken to the superior court in which the accusation, indictment, or special presentment is filed and pending for a hearing in such court. At the hearing the party person whose premises has been searched shall be entitled to raise any issues which may be raised pursuant to Code Section 17-5-30 17-5-29 as well as claims that the item or items are property is privileged or claims that the item or items are property is inadmissible because they were it was obtained in violation of this Code section. Any such hearing shall be held in the superior court; (3)(e) A search warrant issued pursuant to this Code section shall: Any such warrant must, whenever (1) Whenever practicable, be served during normal business hours. The law enforcement officer or prosecutor peace officer serving the search warrant shall not participate in the search but may accompany the special master when the special master is conducting the search. The prosecuting attorney may designate an attorney or investigator employed by such prosecuting attorney to observe the execution of 3458 JOURNAL OF THE SENATE such search warrant; (4)(2) Be Any such warrant must be served upon a party person who appears to have possession or control of the items property sought. If, after reasonable efforts, the party person serving the warrant is unable to locate any such person, the special master shall seal and return to the court for determination by the court any items property which appear appears to be privileged; and (5)(3) Be Any such warrant shall be issued only by the a state or superior court judge. At the time of applying for such a warrant, the law enforcement officer or prosecutor peace officer or prosecuting attorney shall submit a written search plan designed to minimize the intrusiveness of the search. (f) When the a search warrant is executed pursuant to this Code section, the special master carrying out the search shall have a duty to make reasonable efforts to minimize the intrusiveness of the search. (d)(g) Notwithstanding subsection (b) of Code Section 17-5-29 or any provision of law to the contrary, evidence obtained in violation of this Code section shall be excluded and suppressed from the prosecution's case-in-chief or in rebuttal, and such evidence shall not be admissible either as substantive evidence or for impeachment purposes. Part 2 17-5-40. (a) The General Assembly recognizes that the rights of citizens of this state to be secure in their persons, homes, papers, and effects from unreasonable searches conducted by government agents is essential to the concepts of personal liberty and privacy. (b) The General Assembly further recognizes that electronic communication devices, including, but not limited to, mobile telephones, e-mail, social media, and other evolving forms of communication, are used and exploited with increasing frequency and sophistication to conduct criminal activity in this state. (c) It is the intent of the General Assembly in enacting this part to provide peace officers and prosecuting attorneys with the means to conduct legitimate investigations of criminal activity in which electronic communications are being used under appropriate judicial supervision in order to protect the rights of the citizens of this state. 17-5-41. As used in this part, the term 'district attorney' includes an acting district attorney or a chief assistant district attorney designated to act for the district attorney during the temporary absence of such district attorney pursuant to Code Section 15-18-15. 17-5-42. (a) A peace officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire communications or electronic communications, as well as transactional records pertaining thereto by subpoena, court order, or search warrant as THURSDAY, APRIL 2, 2015 3459 provided by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire communications and electronic communications in its possession or reasonably accessible thereto when a requesting peace officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States. (c) Search warrants for production of stored wire communications or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judicial officer with jurisdiction over the criminal offense under investigation and to which such records relate. (d) A judicial officer with jurisdiction over the criminal offense under investigation and to which transactional records relate may issue an order requiring the disclosure of stored wire communications or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States. Such orders for production of stored wire communications or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judicial officer with jurisdiction over the criminal offense under investigation and to which such records relate. (e) A subpoena for the production of stored wire communications or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a peace officer, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation. (f) A violation of this Code section shall be punishable as contempt. 17-5-43. (a) A search warrant issued by a judge of the superior court having jurisdiction over the crime under investigation or a full-time judge of a state court having jurisdiction over the crime under investigation may authorize the installation or monitoring of a tracking device, provided that such warrant identifies the individual or physical object to be tracked and specifies a reasonable length of time that the tracking device is to be used, which time shall not exceed 45 days from the date such warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable length of time not to exceed 45 days each. (b) Any required installation of a tracking device shall take place in any county within the jurisdiction of such judge, but such device may be monitored from any location within the jurisdiction of this state. Unless otherwise prohibited by federal law, such device may be monitored from within this state even if such device is transported outside this state. (c) A tracking device search warrant shall command a peace officer to: (1) Complete any installation or activation authorized by such warrant within ten days from the date such warrant was issued; and 3460 JOURNAL OF THE SENATE (2) Make a written return of such warrant before the judicial officer named in such warrant or before any court of competent jurisdiction to the judge designated in such warrant. (d) A peace officer executing a tracking device search warrant shall enter on the return the exact date and time the tracking device was installed, or monitoring commenced if no installation was required, and dates and times during which it was used. (e) Within ten days after use of the tracking device has ended, the peace officer executing the tracking device search warrant shall return it to the judicial officer named in such warrant or to any court of competent jurisdiction. A peace officer may make such return by reliable electronic means. (f)(1) Within ten days after use of the tracking device has ended, the peace officer executing a tracking device search warrant shall serve a copy of such warrant on the person who was tracked or whose physical object was tracked. Service may be accomplished by: (A) Personally delivering a copy of such warrant to the person who, or whose physical object, was tracked; (B) Leaving a copy of such warrant at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location; or (C) Mailing a copy of such warrant to the person's last known address. (2) Upon request of the prosecuting attorney, the judge to whom the return of the tracking device search warrant is made may delay service of a copy of such warrant as provided in subsection (g) of this Code section. (g) The judge to whom the return of the tracking device search warrant is made may order a delay of service of a copy of such warrant on the person who was tracked or whose physical object was tracked. The judge shall enter such an order if the judge determines that there is reason to believe that notification of the tracking device search warrant may: (1) Endanger the life or physical safety of an individual; (2) Result in the flight of an individual from prosecution; (3) Lead to the destruction of or tampering with evidence; (4) Cause the intimidation of potential witnesses; (5) Seriously jeopardize an investigation; or (6) Unduly delay a trial. 17-5-44. Any district attorney having jurisdiction over the prosecution of a crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the district attorney, or in the case of the Attorney General, in any judicial circuit; and such court shall be authorized to enter an order approving the use of a pen register or a trap and trace device, to the extent the same is consistent with and THURSDAY, APRIL 2, 2015 3461 permitted by the laws of the United States. Such order shall have state-wide application and the monitoring of a pen register or trap and trace device shall be permitted in any location in this state. 17-5-45. Any peace officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who requires the installation and use of a pen register or a trap and trace device, before an order authorizing such installation and use can, with due diligence, be obtained, may have installed and use a pen register or trap and trace device if he or she reasonably determines that there are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation and use is issued in accordance with Code Section 17-5-44 and he or she reasonably determines that a situation exists that involves: (1) Immediate danger of death or serious bodily injury to any individual; or (2) Conspiratorial activities characteristic of organized crime. 17-5-46. (a) Except only as provided in subsection (b) of this Code section, nothing in this part or Part 1 of Article 3 of Chapter 11 of Title 16 shall apply to a duly constituted peace officer in the performance of his or her official duties in ferreting out offenders or suspected offenders of the law or in secretly watching an individual suspected of violating the laws of this state, another state, or the United States, or any subdivision thereof, for the purpose of apprehending such suspected violator. (b) When in the course of his or her official duties, a peace officer who uses any device, when such use would otherwise constitute a violation of Code Section 16-1162, shall act in compliance with the provisions provided for in this part. (c) Upon written application, under oath, of the district attorney having jurisdiction over prosecution of a crime under investigation or the Attorney General made before a judge of superior court having jurisdiction over prosecution of a crime under investigation, such court may issue an investigation warrant permitting the use of a device for the surveillance of an individual or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for under the laws of the United States. Such warrant shall have state-wide application and monitoring of communications shall be permitted in any location in this state. (d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction. (e) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law. 3462 JOURNAL OF THE SENATE 17-5-47. (a) As used in this Code section, the term 'emergency situation' means a situation that involves the immediate danger of death or serious bodily injury to any individual. (b) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over an emergency situation determines that such emergency situation requires the immediate interception of wire communications, oral communications, or electronic communications or the immediate observation, monitoring, or recording of the activities of any individual involved in such emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such surveillance or monitoring can, with due diligence, be obtained, then any peace officer specifically designated by the individual making such determination may utilize any device to intercept the wire communications, oral communications, or electronic communications or to observe, monitor, or record the activities of the person or persons involved in such emergency situation, provided that grounds exist upon which an investigation warrant pursuant to Code Section 17-5-46 could be issued and that an application for such warrant is made within 48 hours after such surveillance or monitoring commences. (c) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the surveillance or monitoring shall be conducted in accordance with Code Section 17-5-46, except that such surveillance or monitoring shall continue only so long as the emergency situation exists. (d) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the surveillance or monitoring is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall be confidential and shall not be disclosed or admissible in any court of this state except to prove violations of this part. 17-5-48. (a) Nothing in Code Section 16-11-62 shall prohibit an individual from intercepting a wire communication, oral communication, or electronic communication when such individual is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) In accordance with subsection (c) or (d) of this Code section, the wire communication, oral communication, or electronic communication to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecuting attorney's office. Nothing in this subsection shall be construed to require that the recording device be activated by such child. The authorization for the recording or divulging of the conversations of a child under the age of 18 years conducted by wire communication, oral communication, or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent, guardian, or legal THURSDAY, APRIL 2, 2015 3463 custodian of such child as provided in subsection (d) of this Code section. Such recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set forth in Code Section 17-546. (c)(1) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only upon: (A) Finding probable cause that a crime has been committed; (B) Finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (C) Determining that participation is not harmful to such child. (2) A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order, and such copy of the recording shall be kept under seal until further order of the court. (d) The provisions of this article shall not be construed to prohibit a parent, guardian, or legal custodian of a child under 18 years of age, with or without the consent of such child, from monitoring or intercepting wire communications, oral communications, or electronic communications of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent, guardian, or legal custodian has a reasonable or good faith belief that such communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent, guardian, or legal custodian may disclose the contents of such communications to the district attorney or a peace officer. A recording or other record of any such communication made by a parent, guardian, or legal custodian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section. 17-5-49. (a) No evidence obtained in a manner that violates this part shall be admissible in any court of this state except to prove violations of this part. (b) Nothing contained in this part shall permit the introduction into evidence of any communication which is privileged by the laws of this state or by the decisions of the appellate courts thereof. (c) Except as otherwise provided in subsection (f) of Code Section 17-5-42, any person violating this part 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 or a fine not to exceed $10,000.00, or both." 3464 JOURNAL OF THE SENATE PART II WIRETAP CORRECTIONS SECTION 2-1. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by revising Part 1, relating to wiretapping, eavesdropping, surveillance, and related offenses, as follows: "Part 1 16-11-60. As used within in this part, the term: (1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire communication, oral communication, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment, or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; and (C) Focusing, lighting, or illuminating equipment, or optical magnifying equipment; and (D) A 'pen register' or 'trap and trace device' as defined in this Code section. (2) 'Pen register' means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; provided, however, that such information shall not include the contents of any communication; but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other THURSDAY, APRIL 2, 2015 3465 like purposes in the ordinary course its business. (2) 'Electronic communication' shall have the same meaning as set forth in Code Section 17-5-20. (3) 'Electronic communication service' shall have the same meaning as set forth in Code Section 17-5-20. (4) 'Oral communication' shall have the same meaning as set forth in Code Section 17-5-20. (3)(5) 'Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance there is a reasonable expectation of privacy. (4) 'Trap and trace device' means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication; provided, however, that such information shall not include the contents of any communication. (6) 'Wire communication' shall have the same meaning as set forth in Code Section 17-5-20. 16-11-61. (a) It shall be unlawful for any person to be a 'peeping Tom' on or about the premises of another or to go about or upon the premises of another for the purpose of becoming a 'peeping Tom.' (b) As used in this Code section, the term 'peeping Tom' means a person who peeps through windows or doors, or other like places, on or about the premises of another for the purpose of spying upon or invading the privacy of the persons spied upon and the doing of any other acts of a similar nature which invade the privacy of such persons. 16-11-62. It shall be unlawful for: (1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful: (A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; (B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the 3466 JOURNAL OF THE SENATE activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or (C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded; or (D) For a law enforcement officer or his or her agent to use a device in the lawful performance of his or her official duties to observe, photograph, videotape, or record the activities of persons that occur in the presence of such officer or his or her agent; (3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities; (4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication; (5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65 16-11-64 or 17-5-46; (6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or (7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another. 16-11-63. (a) Other than law enforcement officers permitted by this part to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. (b) An 'eavesdropping device' shall mean any instrument or apparatus which by virtue of its size, design, and method of operation has no normal or customary function or purpose other than to permit the user thereof secretly to intercept, transmit, listen to, or record private conversations of others. 16-11-64. (a) Application of part to law enforcement officers. Except only as provided in subsection (b) of this Code section, nothing in this part shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law or in secretly watching a person suspected THURSDAY, APRIL 2, 2015 3467 of violating the laws of the United States or of this state, or any subdivision thereof, for the purpose of apprehending such suspected violator. (b) When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is defined in Code Section 16-11-60, and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement official shall act in compliance with the provisions provided for in this part. (c) Upon written application, under oath, of the district attorney having jurisdiction over prosecution of the crime under investigation or the Attorney General made before a judge of superior court having jurisdiction over the crime under investigation, such court may issue an investigation warrant permitting the use of a device for the surveillance of a person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by 18 U.S.C. Chapter 119. Such warrant shall have state-wide application and interception of communications shall be permitted in any location in this state. (d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction. (e) Defenses. A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law. 16-11-64.1. Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the district attorney, or, in the case of the Attorney General, in any judicial circuit; and such court shall be authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States. Such order shall have state-wide application and the interception by use of a pen register or trap and trace device shall be permitted in any location in this state. 16-11-64.2. Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that: (1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injury to any person; or (B) Conspiratorial activities characteristic of organized crime that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and 3468 JOURNAL OF THE SENATE (2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1. 16-11-64.3. (a) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of any person may occur as provided in this subsection determines that: (1) An emergency situation exists involving the immediate danger of death or serious physical injury to any person; (2) The said emergency situation requires the immediate interception of a wire, oral, or electronic communications or the immediate observation, monitoring, or recording of the activities of any person involved in said emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such interception or surveillance can, with due diligence, be obtained; and (3) There are grounds upon which an investigation warrant pursuant to Code Section 16-11-64 could be issued, then any investigative or law enforcement officer specifically designated by the prosecuting official making such determination may utilize any device as defined in Code Section 16-11-60 to intercept the wire, oral, or electronic communications or to observe, monitor, or record the activities of the person or persons involved in said emergency situation, provided that an application for an investigation warrant is made pursuant to Code Section 16-11-64 within 48 hours after said interception or surveillance commences. (b) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the interception or surveillance shall be conducted in accordance with the provisions of Code Section 16-11-64, except that said interception or surveillance shall continue only so long as the emergency situation exists. (c) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall not be admissible in any court of this state except to prove violations of this part. The contents of any such intercepted communications or other surveillance effected pursuant to this Code section without an investigation warrant having been issued shall be confidential and shall not be disclosed except to prove violations of this part. 16-11-65. 16-11-64. (a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by THURSDAY, APRIL 2, 2015 3469 any telephone company authorized to do business in this state under proper tariffs filed with and approved by the Georgia Public Service Commission which may be attached to any telephonic equipment of any user of or subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the user of or subscriber to such facilities and equipment has duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of the equipment. No license shall be issued until the applicant has demonstrated to the commission a clear, apparent, and logically reasonable need for the use of the equipment in connection with a legitimate business activity of the user or subscriber and demonstrated to the satisfaction of the commission that it will be operated by persons of good moral character and that the equipment will be used in a lawful manner and in conformity with the tariffs filed for the equipment. The commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the user or subscriber of such equipment the furnishing of any reasonable information required by the commission in regard to the intended and actual use of the equipment. (b) The Georgia Public Service Commission is authorized to revoke any license and to order any owner of such equipment or any telephone company supplying such equipment to remove from the premises of the licensee the equipment when it is established to the satisfaction of the commission that the equipment is being used in an unlawful manner contrary to the tariff applicable to the equipment or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the commission if it is subsequently discovered that a material misrepresentation of fact has been made in applying for the license. The commission is authorized to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of such equipment as will enable it to carry out the purposes, duties, and responsibilities imposed upon the commission by this Code section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the commission. The commission shall further have the authority to adopt any and all appropriate rules and regulations of any sort to ensure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this part. (c) All telephone companies shall have printed in a conspicuously accessible location within their directories a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies. (d) The provisions of this part shall not apply to acts by duly authorized employees of any telephone company regulated by the Georgia Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under circumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the 3470 JOURNAL OF THE SENATE quality of service furnished to the public or for the purpose of preventing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this Code section governing the use of equipment which permits the interception of telephone messages by their employees and file the same with the commission. After being filed with the commission, such regulations and procedures shall be public records. 16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64. (c) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only: (1) Upon finding probable cause that a crime has been committed; (2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (3) Upon determining that participation is not harmful to such child. A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court. (d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such THURSDAY, APRIL 2, 2015 3471 telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section. 16-11-66.1. (a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States. (c) Search warrants for production of stored wire or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation and to which such records relate. (d) A subpoena for the production of stored wire or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a law enforcement official, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation. (e) Violation of this Code section shall be punishable as contempt. 16-11-67. 16-11-65. (a) No evidence obtained in a manner which violates this part shall be admissible in any court of this state except to prove violations of this part. 16-11-68. (b) Nothing contained in this part shall permit the introduction into evidence of any communication which is privileged by the laws of this state or by the decisions of the appellate courts thereof. 16-11-69. 16-11-66. Except as otherwise provided in subsection (d) of Code Section 16-11-66.1 16-11-67, any person violating this part 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 or a fine not to exceed $10,000.00, or both. 3472 JOURNAL OF THE SENATE 16-11-70. 16-11-67. (a) As used in this Code section, the term: (1) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (2)(1) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this Code section, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (3)(2) 'Telephone records broker' means any person or organization that is neither a telecommunications company nor a vendor or supplier for a telecommunications company obligated by contract to protect the confidentiality of telephone records and that purchases, acquires, sells, or releases the telephone record of any third party with whom it has no prior or existing business relationship or that attempts to purchase, acquire, sell, or release the telephone record of any party with whom it has no prior or existing business relationship. (b) It is shall be unlawful for any telephone records broker to purchase, acquire, sell, or release the telephone records of any person who is a Georgia resident or to attempt to purchase, acquire, sell, or release the telephone record of any third party who is a Georgia resident. This Code section applies shall apply whether the customer's telephone record is obtained by the telephone records broker directly from a telecommunications company or from any other third-party source. For purposes of this Code section, a person is a Georgia resident if the individual has a Georgia billing address. (c) A violation of any provision of this Code section shall be punishable by a civil fine in an amount not to exceed $10,000.00 for each violation. The prosecuting attorney or the Attorney General shall be authorized to prosecute the civil case. Each telephone record purchased, acquired, sold, or released and each attempt to purchase, acquire, sell, or release a telephone record constitutes a separate violation of this Code section. (d) Any violation of this Code section shall constitute a tort and shall create a right of action in the person or entity whose telephone records have been purchased, acquired, sold, or released for which damages may be recovered. Special damages may be inferred by the violation. Reasonable attorney's fees shall be awarded to the plaintiff where when the plaintiff has prevailed in the underlying action. (e) No provision of this Code section shall be construed to prevent any action by a law enforcement agency or any officer, employee, or agent of a law enforcement agency to obtain the telephone records or personal identifying information of any third party who is a Georgia resident in connection with the performance of the official duties of the THURSDAY, APRIL 2, 2015 3473 agency, officer, employee, or agent." PART III CROSS-REFERENCES SECTION 3-1. Code Section 2-2-11 of the Official Code of Georgia Annotated, relating to inspection warrants, is amended by revising paragraph (1) as follows: "(1) The Commissioner commissioner or any person authorized to make inspections for the Commissioner commissioner shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1." SECTION 3-2. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the environmental protection division, is amended by revising paragraph (1) of subsection (d) as follows: "(1) The director or any person authorized to make inspections for the division shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-51." SECTION 3-3. Code Section 15-18-15 of the Official Code of Georgia Annotated, relating to the chief assistant district attorney, is amended by revising paragraph (2) of subsection (b) as follows: "(2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section Sections 17-5-46 and 24-5-507, and the laws of this state relating to the validation of bonds." SECTION 3-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (b)(1)(A) of Code Section 16-9-109, relating to disclosure by service providers pursuant to investigation, as follows: "(A) Obtains a search warrant as provided in Part 1 of Article 2 of Chapter 5 of Title 17;" SECTION 3-5. Said title is further amended by revising paragraph (1) of subsection (s) of Code Section 16-13-49, relating to forfeitures, as follows: 3474 JOURNAL OF THE SENATE "(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 Part 1 of Article 2 of Chapter 5 of Title 17, together with inferences therefrom;" SECTION 3-6. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 16-13-60, relating to privacy and confidentiality, as follows: "(3) To local, state, or federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to Part 1 of Article 2 of Chapter 5 of Title 17; and" SECTION 3-7. Code Section 27-4-263 of the Official Code of Georgia Annotated, relating to inspections, is amended by revising paragraph (1) of subsection (b) as follows: "(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1;" SECTION 3-8. Code Section 49-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, is amended by revising paragraph (1) of subsection (s), as follow: "(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 Part 1 of Article 2 of Chapter 5 of Title 17, together with inferences therefrom; and" PART IV CROSS-REFERENCE AND DELAYED EFFECTIVE DATE SECTION 5-2. Code Section 2-15-14 of the Official Code of Georgia Annotated, relating to inspection of premises and warrant for inspection, is amended by revising paragraph (1) of subsection (b), as follows: "(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1;" PART V ENHANCING WITNESS IDENTIFICATION ACCURACY SECTION 5-1. THURSDAY, APRIL 2, 2015 3475 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new chapter to read as follows: "CHAPTER 20 17-20-1. As used in this chapter, the term: (1) 'Fillers' means individuals who are not suspects. (2) 'Law enforcement agency' means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (3) 'Live lineup' means an identification procedure in which a suspect and fillers are displayed in person to a witness. (4) 'Photo lineup' means an identification procedure in which a photograph of a suspect and photographs of fillers are displayed to a witness, either in hard copy form or via computer. (5) 'Showup' means an identification procedure in which a witness is presented with a single individual. (6) 'Suspect' means the individual believed by law enforcement to be the possible perpetrator of an alleged crime. (7) 'Witness' means an individual who observes an alleged crime. 17-20-2. (a) Not later than July 1, 2016, any law enforcement agency that conducts live lineups, photo lineups, or showups shall adopt written policies for using such procedures for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime. (b) Live lineup, photo lineup, and showup policies shall include the following: (1) With respect to a live lineup, having an individual who does not know the identity of the suspect conduct the live procedure; (2) With respect to a photo lineup, having an individual: (A) Who does not know the identity of the suspect conduct the photo lineup; or (B) Who knows the identity of the suspect use a procedure in which photographs are placed in folders, randomly shuffled, and then presented to the witness so that the individual conducting such procedure cannot physically see which photograph is being viewed by the witness until the procedure is complete; (3) Providing the witness with instruction that the perpetrator of the alleged crime may or may not be present in the live lineup or photo lineup; (4) Composing a live lineup or photo lineup so that the fillers generally resemble the witness's description of the perpetrator of the alleged crime; 3476 JOURNAL OF THE SENATE (5) Using a minimum of four fillers in a live lineup and a minimum of five fillers in a photo lineup; and (6) Having the individual conducting a live lineup, photo lineup, or showup seek and document, at the time that an identification of an individual or photograph is made, and in the witness's own words without necessarily referencing a numeric or percentage standard, a clear statement from the witness as to the witness's confidence level that the individual or photograph identified is the individual or photograph of the individual who committed the alleged crime. (c) All law enforcement agency written policies adopted pursuant to this Code section shall be subject to public disclosure and inspection notwithstanding any provision to the contrary in Article 4 of Chapter 18 of Title 50. 17-20-3. The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence." PART VI EFFECTIVE DATE, APPLICABILITY, AND REPEALER SECTION 6-1. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2015, and shall apply to all offenses that occur on and after that date. This Act shall not affect any investigation or prosecution for acts occurring before July 1, 2015, and shall not act as an abatement of any such prosecutions. Any evidence obtained in accordance with the former provisions of Articles 1 and 2 of Chapter 5 of Title 17 and Part 1 of Article 3 of Chapter 11 of Title 16 shall be admissible in any civil or criminal proceeding commenced on or after July 1, 2015. (b) Part IV of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of Chapter 15 of Title 2 as expressed in a line item of an appropriations Act enacted by the General Assembly. (c) Part V of this Act shall become effective on July 1, 2016. SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th moved that the Senate agree to the House substitute to SB 94 as amended by the following amendment: Senators Bethel of the 54th and Stone of the 23rd offered the following amendment #1: Amend the House substitute to SB 94 (SB 94/HCSFA) by replacing lines 1 through 1079 with the following: THURSDAY, APRIL 2, 2015 3477 To amend Part 1 of Article 3 of Chapter 11 of Title 16, Title 17, and Code Section 50-1872 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, criminal procedure, and when public disclosure of agency records is not required, respectively, so as to provide improved processes and procedure for law enforcement during the execution of their official duties and for the release of information to the public; to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant; to require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to prohibit suppression of evidence under certain circumstances; to change certain provisions relating to the release of certain audio and video recordings; 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. 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, is amended by revising paragraph (3) of Code Section 16-11-60, relating to definitions, as follows: "(3) 'Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance there is a reasonable expectation of privacy." SECTION 2. Said part is further amended by revising paragraph (2) of Code Section 16-11-62, relating to eavesdropping, surveillance, or intercepting communication which invades privacy of another, as follows: "(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful: (A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; (B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or (C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage 3478 JOURNAL OF THE SENATE of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded; or (D) For a law enforcement officer or his or her agent to use a device in the lawful performance of his or her official duties to observe, photograph, videotape, or record the activities of persons that occur in the presence of such officer or his or her agent;" SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedures is amended by revising paragraph (5) of subsection (a) and subsection (b) of Code Section 17-5-21, relating to grounds for issuance of search warrant and scope of search warrant, as follows: "(5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible instruments, articles or things, any information or data, and anything that is tangible or intangible, corporeal or incorporeal, visible or invisible evidence of the commission of the crime for which probable cause is shown, other than the private papers of any person." "(b) When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him such officer from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of a crime against the laws of this state, the United States, or another state. Other personnel, sworn or unsworn, acting under the direction of a peace officer executing a search warrant may assist in the execution of such warrant. While in the process of effecting a lawful arrest or lawful search, nothing in this Code section nor in Code Section 16-11-62 shall be construed to preclude the use of any device, as such term is defined in Code Section 16-11-60, by the peace officer executing the search warrant or other personnel assisting in the execution of such warrant." Said title is further SECTION 4. By replacing lines 1133 through 1147 with the following: SECTION 5. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, is amended in subsection (a) by adding a new paragraph to read as follows: "(26.2) Audio and video recordings from devices used by law enforcement officers in a place where there is a reasonable expectation of privacy when there is no pending THURSDAY, APRIL 2, 2015 3479 investigation, except to the following, provided that the person seeking the audio or video recording submits a sworn affidavit that attests to the facts necessary to establish eligibility under this paragraph: (A) A duly appointed representative of a deceased's estate when the decedent was depicted or heard on such recording; (B) A parent or legal guardian of a minor depicted or heard on such recording; (C) An accused in a criminal case when, in the good faith belief of the accused, such recording is relevant to his or her criminal proceeding; (D) A party to a civil action when, in the good faith belief of such party, such recording is relevant to the civil action; (E) An attorney for any of the persons identified in subparagraphs (A) through (D) of this paragraph; or (F) An attorney for a person who may pursue a civil action when, in the good faith belief of such attorney, such recording is relevant to the potential civil action;" SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Section 4 of this Act shall become effective on July 1, 2016. SECTION 7. Senators Bethel of the 54th, Cowsert of the 46th and Stone of the 23rd offered the following amendment #1a: Amend the amendment to the House substitute to SB 94 (AM 29 2466) by replacing lines 51 and 52 with the following: amended by revising paragraph (5) of subsection (a) and subsection (b) of Code Section 17-5-21, relating to grounds for issuance of search warrant and scope of search warrant, as follows: "(5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible instruments, articles or things, any information or data, and anything that is tangible or intangible, corporeal or incorporeal, visible or invisible evidence of the commission of the crime for which probable cause is shown, other than the private papers of any person." On the adoption of amendment #1a, there were no objections, and the Bethel, et al. amendment #1a to the Bethel, Stone amendment #1 was adopted. On the adoption of amendment #1, there were no objections, and the Bethel, Stone amendment #1 was adopted as amended. On the motion to agree to the House substitute to SB 94 as amended, a roll call was taken and the vote was as follows: 3480 JOURNAL OF THE SENATE Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 94 as amended by the Senate. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 156. By Senators Tippins of the 37th, Wilkinson of the 50th, Millar of the 40th, Shafer of the 48th, Stone of the 23rd and others: A BILL to be entitled an Act to amend Article 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state charter schools, so as to authorize the State Charter Schools Commission to establish a nonprofit foundation; 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 Resolution of the Senate: THURSDAY, APRIL 2, 2015 3481 SR 126. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes. The following Senators were excused as Conferees: Albers of the 56th Gooch of the 51st Millar of the 40th Beach of the 21st Harper of the 7th Ginn of the 47th Hill of the 32nd The following Senators were excused for business outside the Senate Chamber: Dugan of the 30th Miller of the 49th Shafer of the 48th Senator James of the 35th asked unanimous consent that HB 514, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. Senator Fort of the 39th objected. On the motion, the yeas were 33, nays 3; the motion prevailed, and pursuant to Senate Rule 4-2.10(a), HB 514, having been taken from the Table, was put upon its passage. HB 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 514: The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 514: A BILL TO BE ENTITLED AN ACT To incorporate the City of South Fulton in Fulton County, Georgia; to provide a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, 3482 JOURNAL OF THE SENATE and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for general homestead exemption; to provide for bonds for officials; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; 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. Incorporation. The City of South Fulton in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of South Fulton." References in this charter to "the city" or "this city" refer to the City of South Fulton. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The boundaries of the City of South Fulton shall include all unincorporated areas of Fulton County, including the Fulton County Industrial District, as such exist on July 1, 2015; provided, however, that, if the local constitutional amendment establishing the Fulton County Industrial District is not repealed prior to the first municipal election being conducted under this charter, the Fulton County Industrial District shall not become a part of the City of South Fulton. The boundaries of the city are more particularly described in Appendix A, attached to and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. THURSDAY, APRIL 2, 2015 3483 SECTION 1.12. Municipal powers. (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. Said powers shall include, but are not limited to, the following: (1) 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; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) 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 this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for 3484 JOURNAL OF THE SENATE the protection, safety, health, or well-being of the citizens of the city; (9) 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; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) 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; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) 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 of 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; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) 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; (19) Municipal agencies and delegation of power. To create, alter, or abolish THURSDAY, APRIL 2, 2015 3485 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; (20) 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; (21) 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; (22) 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; (23) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; 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; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) 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; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of 3486 JOURNAL OF THE SENATE 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; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the 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; (33) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to 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 of way 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; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) 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, THURSDAY, APRIL 2, 2015 3487 and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 13.469 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be "Do you approve increasing taxes on residential and nonresidential property for City of South Fulton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?" If such millage rate increase is approved by the qualified voters of the City of South Fulton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of South Fulton voting in a referendum. Notwithstanding any provision of this paragraph to the contrary, during the first five years of existence, the city shall not be authorized to increase the millage rate higher than 14.469 except for the purposes of complying with Code Section 48-8-91 of the O.C.G.A.; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; 3488 JOURNAL OF THE SENATE (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) 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; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. City council creation; composition; number; election. (a) 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 seven councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the City of South Fulton for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, shall have been a resident of the district THURSDAY, APRIL 2, 2015 3489 from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c)(1) The mayor shall be limited to serving three full, consecutive four-year terms of office. (2) Councilmembers shall be limited to serving three full, consecutive terms of office. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection. SECTION 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the area comprising the City of South Fulton or of such city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." 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." (c) For the purpose of electing members of the council, the City of South Fulton shall consist of seven council districts as described in Appendix B of this charter, which is attached and incorporated into this charter by reference; provided, however, that no territory described in such council districts shall be included in such council districts that has been annexed into other municipalities before July 1, 2015; and provided, further, that the territory known as the Fulton County Industrial District shall not be included in such council districts unless the local constitutional amendment creating such district is repealed prior to the first municipal election being conducted under this charter. Each candidate for election to the council other than the mayor must reside in the council district he or she seeks to represent, but such districts shall be residency districts only and not voting districts. All elections for all councilmembers shall be at large by the voters of the entire city. (d) The first election for mayor and councilmembers shall be a special election held in 3490 JOURNAL OF THE SENATE conjunction with the 2016 presidential preference primary. At said election, the mayor and councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2019. The councilmembers elected from Council Districts 1, 3, 5, and 7 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2017. Thereafter, at the elections provided for by subsection (f) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor and each councilmember, for the special election and each subsequent election for mayor and councilmember, shall be elected by the qualified electors of the city at large. (f) A special election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2017. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) All municipal elections shall be nonpartisan and without primaries. SECTION 2.12. Vacancies in office. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those 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 (c) of this section. (c) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. THURSDAY, APRIL 2, 2015 3491 SECTION 2.13. Election by majority vote. The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in any of said elections, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off election shall be held at the time specified by state election law, unless such run-off date is postponed by court order. SECTION 2.14. Compensation and expenses. The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; 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 3492 JOURNAL OF THE SENATE any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any 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 he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. SECTION 2.16. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer THURSDAY, APRIL 2, 2015 3493 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 Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of South Fulton. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. (a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and with the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of South Fulton and may enforce such ordinances by imposing penalties for violations thereof. (c) Except for the office of city manager, the city council, by resolution, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions of employment as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmembers. (e) In all cases, unless otherwise prohibited by this charter or by state law, those functions and duties necessary for the efficient and proper administration of the affairs of government of the city may be provided through intergovernmental agreements or private contracts or both. 3494 JOURNAL OF THE SENATE SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting not later than the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the official duties and powers of the mayor during any disability or absence of the mayor, as set forth in Section 3.30 of this charter. Any such disability or absence shall be declared by a majority vote of the city council. SECTION 3.12. Inquiries and investigations. 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 council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall, at least once during each calendar month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any such regular meeting and continue such meeting on any weekday or at any hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the THURSDAY, APRIL 2, 2015 3495 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 given as required by law. SECTION 3.14. Procedures. (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 as prescribed by ordinance or resolution of the city council. SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. 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. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Any proposal for a new or amended ordinance shall be in writing and in the format 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 South Fulton hereby ordains ..." and every ordinance shall so begin. (b) A new or amended ordinance may be proposed by the mayor or councilmember at a regular or special meeting of the city council. Ordinances shall be considered and 3496 JOURNAL OF THE SENATE adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. After adoption of any ordinance, the city clerk shall, as soon as possible, forward an appropriately formatted version of the adopted ordinance to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 a majority of the councilmembers present 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 continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical THURSDAY, APRIL 2, 2015 3497 regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 3.20 of this charter. (b) Any adopted code of technical regulations shall be forwarded for online codification, viewing, and download in the same manner as provided for ordinances in subsection (b) of Section 3.16 of this charter and shall otherwise be made available for review and copying upon request in accord with Code Section 50-18-70, et seq., of the O.C.G.A. SECTION 3.20. Codification of ordinances. (a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city 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 shall contain 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 South Fulton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be 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 promptly delivered in an appropriate format to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances, charter amendments, and technical regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available in hard copy format for viewing and copying at the office of the city clerk in conformance with Code Section 50-18-70, et seq., of the O.C.G.A. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be made available, whether in electronic or hard copy format, in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Submission of ordinances to the mayor. (a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor for signature within five business days following the adoption of such ordinance, resolution, or other action by the city council. The mayor shall have the right to veto any ordinance adopted by the city council, in accordance with the procedure set forth in this section. 3498 JOURNAL OF THE SENATE (b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law upon its return to the city clerk. However, if the mayor fails to return an ordinance to the city clerk within ten business days of receipt, it shall become law at 12:00 Midnight on the tenth business day after receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and its receipt from the mayor. (c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five councilmembers, not including the mayor. (d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part or parts of any such ordinance or resolution shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as set forth in subsection (c) of this section. SECTION 3.22. Powers and duties of mayor. (a) The mayor shall be the chief executive officer of the city government and a member of and the presiding officer of the city council and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall: (1) Preside at all meetings of the city council and participate therein as a voting member, and in the mayor's absence, the mayor pro tempore shall preside as set forth in Section 3.30 of this charter; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and execute affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, THURSDAY, APRIL 2, 2015 3499 ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing. The city council may delegate contract signing authority to the city manager to the extent allowed by law; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so; (8) Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. SECTION 3.23. City manager; appointment; qualifications; compensation; removal. (a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial compensation, subject to confirmation by the city council. The city manager shall be nominated solely on the basis of that person's executive and administrative qualifications. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and 3500 JOURNAL OF THE SENATE (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. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SECTION 3.24. Acting city manager. By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 3.25. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall: (1) Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction THURSDAY, APRIL 2, 2015 3501 and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council or mayor may require concerning the operations of those city departments, offices, and agencies that are subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. Reserved. SECTION 3.26. Reserved. SECTION 3.27. SECTION 3.28. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.29. Selection of mayor pro tempore. There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term at the next regularly scheduled council meeting. 3502 JOURNAL OF THE SENATE SECTION 3.30. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council or, in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (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 officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend or terminate directors or department heads, so long as the city attorney reviews the facts supporting suspension or termination and concurs such action is appropriate before such action is taken. SECTION 4.11. Boards. (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. THURSDAY, APRIL 2, 2015 3503 (b) Every member of any appointed board, commission, or authority of the city shall be appointed by a majority vote of the city council for such term of office and in such manner as shall be provided by ordinance. Unless otherwise provided by ordinance or law, each board, commission, or authority shall consist of eight members with one member being nominated by each member of the city council and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a board, commission, or authority member reside in the district of the councilmember who nominates the member, but all members shall be residents of the city. (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 for the 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 perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office by majority vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance 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 4.12. City attorney. The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least seven years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. 3504 JOURNAL OF THE SENATE SECTION 4.13. City clerk. The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. Treasurer. The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer 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 to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. SECTION 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of South Fulton. THURSDAY, APRIL 2, 2015 3505 SECTION 5.11. Judges. (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. The chief judge shall be nominated by the mayor and shall be confirmed by resolution of the city council, and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of 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 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. 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 the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure 3506 JOURNAL OF THE SENATE 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for 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 shall be 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. (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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of 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. (i) 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. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. 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 superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. THURSDAY, APRIL 2, 2015 3507 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. (a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 13.469 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. 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 of this charter. 3508 JOURNAL OF THE SENATE SECTION 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Reserved. SECTION 6.14. SECTION 6.15. Sewer fees. 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 inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. 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. THURSDAY, APRIL 2, 2015 3509 SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. 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. SECTION 6.21. 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. Accounting and budgeting. 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 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, 3510 JOURNAL OF THE SENATE and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 30 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 comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, 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 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, 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 THURSDAY, APRIL 2, 2015 3511 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 expense of the general government of this city. SECTION 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. SECTION 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the 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 construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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 any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. 3512 JOURNAL OF THE SENATE SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of 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, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request 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 execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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. SECTION 6.33. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, except for THURSDAY, APRIL 2, 2015 3513 any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of South Fulton is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2016. SECTION 6.34. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before 3514 JOURNAL OF THE SENATE January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2016. SECTION 6.35. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 THURSDAY, APRIL 2, 2015 3515 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for 3516 JOURNAL OF THE SENATE municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2016. SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing THURSDAY, APRIL 2, 2015 3517 authority of the City of South Fulton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2016. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Reserved. SECTION 7.11. SECTION 7.12. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. 3518 JOURNAL OF THE SENATE SECTION 7.13. Qualified electors. (a) For the purposes of the referendum election provided for in Section 7.14 of this charter and for the purposes of the special election to be held on the date of the 2016 presidential preference primary, the qualified electors of the City of South Fulton shall be those qualified electors of Fulton County residing within the corporate limits of the City of South Fulton as described by Section 1.11 of this charter. At subsequent municipal elections, the qualified electors of the City of South Fulton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this charter and only for the purpose of holding and conducting the special election of the City of South Fulton to be held on the date of the 2016 presidential preference primary, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of South Fulton and the powers and duties of the governing authority of the City of South Fulton. SECTION 7.14. Referendum. The election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of South Fulton, as provided in Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such election for the Tuesday next following the first Monday in November, 2015. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of South Fulton in Fulton County ( ) NO and granting the homestead exemptions described therein be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. THURSDAY, APRIL 2, 2015 3519 SECTION 7.15. Effective dates. (a) Sections 1.10 and 1.11 of this charter and those provisions of this charter necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the date of the 2016 presidential preference primary, as provided by Article II of this charter, shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on the first day of the second month following the month in which the 2016 presidential preference primary is held, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to the first day of the second month following the month in which the 2016 presidential preference primary is held meet and take actions binding on the city. SECTION 7.16. Transition. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of South Fulton. Accordingly, there shall be a transition period beginning on the date of the certification of the referendum results approving the incorporation of the City of South Fulton and ending at midnight on the last day of the twenty-fourth month following such date. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of the City of South Fulton all government services and functions which Fulton County provided in that area during 2015 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to Fulton County by the City of South Fulton, responsibility for any such service or function shall be transferred to the City of South Fulton. Beginning on the first day of the second month following the month in which the 2016 presidential preference primary is held, the City of South Fulton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the City of South Fulton; provided, however, that upon at least 30 days' prior written notice to Fulton County by the City of South Fulton, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Fulton County after the first day of the second month following the month in which the 2016 presidential preference primary is held until such time as Fulton County receives subsequent notice from the City of South Fulton that such authority shall be transferred to the City of South Fulton. 3520 JOURNAL OF THE SENATE (c) During the transition period, the governing authority of the City of South Fulton: (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2017 and 2018; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of South Fulton shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of the City of South Fulton and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Fulton County and the City of South Fulton may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of South Fulton. Any transfer of jurisdiction to the City of South Fulton during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of South Fulton may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of South Fulton commencing to exercise its planning and zoning powers, the Municipal Court of the City of South Fulton shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of South Fulton shall be a full functioning municipal corporation and subject to all general laws of this state. THURSDAY, APRIL 2, 2015 3521 SECTION 7.17. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 7.18. Charter commission. At the first regularly scheduled city council meeting, five years after the inception of the City of South Fulton, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of South Fulton. All members of the charter commission must reside in the City of South Fulton. The commission must complete the recommendations within six months of its creation. SECTION 7.19. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. 3522 JOURNAL OF THE SENATE SECTION 7.20. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A CORPORATE LIMITS CITY OF SOUTH FULTON The City of South Fulton shall include all the territory embraced within the following census blocks based upon the 2010 United States decennial census but shall not include any territory that was annexed into another municipality before July 1, 2015, and shall not include the territory included within the Fulton County Industrial District unless the local constitutional amendment creating such district is repealed prior to the first municipal election for the city: Fulton County VTD: 12109B - 09B 008202: 4002 VTD: 12111E4 - 11E4 007706: 2028 VTD: 121CP08B - CP08B 010511: 2004 VTD: 121EP08A - EP08A 011305: 3015 3017 011306: 1031 2008 2018 2021 VTD: 121FA01A - FA01A 010400: 3064 3066 3078 3079 3087 3099 010514: 2051 2078 2086 2100 2101 2102 VTD: 121FA01B - FA01B 010510: 3126 VTD: 121SC01 - SC01 VTD: 121SC02 - SC02 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 THURSDAY, APRIL 2, 2015 VTD: 121SC07 - SC07 010304: 2087 2103 2105 2106 2107 2108 2109 2112 010400: 3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 3019 3021 3028 3029 3042 3043 3053 3054 3065 3080 010513: 1021 1022 1043 1044 1045 1048 1049 1050 1051 1052 1055 1060 1061 1062 1078 1098 1119 2022 2024 2029 2030 2056 3045 010514: 1002 1003 1004 1005 1006 1012 1013 1014 1017 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1043 1044 1046 1051 1054 1055 1056 1057 1059 1061 1062 1063 1065 1066 1067 1073 1087 1088 1089 2000 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 2028 2029 2030 2031 2032 2033 2034 2035 2038 2040 2043 2044 2045 2046 2054 2055 2057 2059 2060 2061 2068 2071 2072 2073 2074 2075 2076 2077 2080 2085 2087 2091 2094 2098 2108 2109 2110 2111 3055 3056 3079 3080 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2024 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3008 3011 3012 3013 3014 3015 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1007 1008 1063 1064 1069 1070 1071 1073 1074 1075 1077 1087 1088 1089 1094 1096 1097 1102 1105 1109 1110 VTD: 121SC09 - SC09 VTD: 121SC10 - SC10 010507: 3523 3524 JOURNAL OF THE SENATE 1006 1008 2001 2002 2003 2004 2005 2006 2007 3037 3055 3056 3057 3059 3060 3067 3068 010511: 2066 VTD: 121SC11 - SC11 VTD: 121SC13A - SC13A VTD: 121SC13B - SC13B 010301: 1016 1017 1018 1026 1027 1028 1029 1030 1031 1032 1049 1050 1051 1052 1053 1056 1057 1058 1062 1063 1064 1065 1066 1067 1068 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1115 1116 1119 1123 1137 VTD: 121SC14 - SC14 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC17 - SC17 010511: 1019 1020 1021 1022 1023 1027 1028 1029 1032 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066 010513: 1001 1005 1016 1030 1031 1032 1037 1038 1039 1041 1042 1103 1104 1106 1107 1117 VTD: 121SC18 - SC18 007706: 2007 2014 2017 2018 2019 2020 2021 2023 2029 010304: 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 2000 2001 2004 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2041 2042 2043 2044 2045 2072 2073 2075 2078 2081 2092 2093 2115 VTD: 121SC19 - SC19 010507: 3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3020 3021 3022 010511: 1012 1013 1015 1016 1018 1024 1025 1026 1030 1031 1067 010604: 3011 3012 3013 3015 3016 011305: 3018 3019 3020 3021 011306: THURSDAY, APRIL 2, 2015 3525 1011 1012 1032 1033 1034 1036 1038 1039 1040 2019 2020 2025 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 VTD: 121SC21 - SC21 010510: 2019 2020 2021 3002 3010 3011 3012 3013 3015 3016 3017 3026 3027 3028 3029 3031 3034 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096 3102 3103 3104 3105 3106 3107 3108 3109 3110 3112 3114 3115 3116 3127 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216 3217 3220 3221 3222 010513: 2036 010515: 1022 1023 1024 1025 1036 1037 1038 1039 1040 1041 1042 1046 1048 VTD: 121SC23 - SC23 VTD: 121SC27 - SC27 VTD: 121SC29 - SC29 VTD: 121SC30 - SC30 007703: 3000 3001 3002 3003 3016 007704: 3005 3006 007802: 1000 1001 1002 1003 1004 1006 1016 1018 1025 1027 1028 4012 007806: 2002 2020 2021 2022 2023 2024 007900: 3017 3018 3019 3038 3042 3051 3052 3058 VTD: 121UC02 - UC02 010510: 3014 010513: 2037 2057 VTD: 121UC03A - UC03A 010510: 3008 For the purposes of this description, 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 3526 JOURNAL OF THE SENATE designations in the 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. APPENDIX B CITY COUNCIL DISTRICTS CITY OF SOUTH FULTON Plan: SF-7dp1 Plan Type: Local Administrator: HD61 User: bak District 001 Fulton County VTD: 12109B - 09B 008202: 4002 VTD: 121SC01 - SC01 007802: 2017 010303: 1000 1001 1002 1003 1004 1014 1015 1016 1017 1018 1019 1020 1040 1041 1043 2049 2050 2051 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2070 2081 010304: 1000 1001 1002 1003 1004 VTD: 121SC02 - SC02 VTD: 121SC14 - SC14 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC30 - SC30 007703: 3000 3001 3002 3003 3016 007704: 3005 3006 007802: 1000 1001 1002 1003 1004 1006 1016 1018 1025 1027 1028 4012 007806: 2002 2020 2021 2022 2023 2024 007900: 3017 3018 3019 3038 3042 3051 3052 3058 THURSDAY, APRIL 2, 2015 District 002 Fulton County VTD: 12111E4 - 11E4 007706: 2028 VTD: 121SC01 - SC01 010303: 1048 1049 1050 1051 010304: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1022 1028 1029 VTD: 121SC13A - SC13A VTD: 121SC18 - SC18 007706: 2007 2014 2017 2018 2019 2020 2021 2023 2029 010304: 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 2000 2001 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 District 003 Fulton County VTD: 121EP08A - EP08A 011305: 3015 3017 011306: 1031 2008 2018 2021 VTD: 121SC05 - SC05 010301: 1095 2034 2035 2038 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049 010304: 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2060 2061 2063 2064 2065 2066 2067 2068 2069 2070 2071 2083 2085 2089 2090 2091 2094 2095 2096 2097 2098 2099 2100 2101 2114 010513: 1009 1025 1026 010514: 1000 VTD: 121SC08 - SC08 010513: 3527 3528 JOURNAL OF THE SENATE 1007 1008 1063 1064 1069 1070 1073 1074 1075 1087 1088 1089 1094 1102 1110 VTD: 121SC17 - SC17 010511: 1019 1020 1021 1022 1023 1027 1028 1029 1032 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066 010513: 1001 1005 1016 1030 1031 1032 1037 1038 1039 1041 1042 1103 1104 1106 1107 1117 VTD: 121SC18 - SC18 010304: 2004 2011 2012 2013 2014 2015 2041 2042 2043 2044 2045 2072 2073 2075 2078 2081 2092 2093 2115 VTD: 121SC19 - SC19 010511: 1012 1013 1015 1016 1018 1024 1025 1026 1030 1031 1067 010604: 3011 3012 3013 3015 3016 011305: 3018 3019 3020 3021 011306: 1011 1012 1032 1033 1034 1036 1038 1039 1040 2019 2020 2025 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 District 004 Fulton County VTD: 121FA01A - FA01A 010400: 3064 3066 3078 3079 3087 3099 010514: 2051 2078 2086 2100 2101 2102 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 010301: 1048 1054 1055 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2051 2052 2053 VTD: 121SC07 - SC07 010304: 2087 2103 2105 2106 2107 2108 2109 2112 010400: 3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 3019 3021 3028 3029 3042 3043 3053 3054 3065 3080 THURSDAY, APRIL 2, 2015 010513: 1021 1022 1043 1044 1045 1048 1049 1050 1051 1052 1055 1060 1061 1062 1078 1098 1119 3045 010514: 1002 1003 1004 1005 1006 1012 1013 1014 1017 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1043 1044 1046 1051 1054 1055 1056 1057 1059 1061 1062 1063 1065 1066 1067 1073 1087 1088 1089 2000 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 2028 2029 2030 2031 2032 2033 2034 2035 2038 2040 2043 2044 2045 2046 2054 2055 2057 2059 2060 2061 2068 2071 2072 2073 2074 2075 2076 2077 2080 2085 2087 2091 2094 2098 2108 2109 2110 2111 VTD: 121SC08 - SC08 010513: 1077 VTD: 121SC13B - SC13B 010301: 1016 1017 1018 1026 1027 1028 1029 1030 1031 1032 1049 1050 1051 1052 1053 1056 1057 1058 1062 1063 1064 1065 1066 1067 1068 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1115 1116 1119 1123 1137 District 005 Fulton County VTD: 121CP08B - CP08B 010511: 2004 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2024 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3008 3011 3012 3013 3014 3015 3529 3530 JOURNAL OF THE SENATE 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1071 1096 1097 1105 1109 VTD: 121SC09 - SC09 010507: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 010508: 1012 1013 1014 1015 1016 1017 1018 1019 1020 010510: 2002 2013 4003 4004 4005 4006 4008 4010 VTD: 121SC10 - SC10 010507: 1006 1008 2001 2002 2003 2004 2005 2006 2007 3037 3055 3056 3057 3059 3060 3067 3068 010511: 2066 VTD: 121SC19 - SC19 010507: 3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3020 3021 3022 District 006 Fulton County VTD: 121SC09 - SC09 010508: 1009 1010 1011 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1045 1046 VTD: 121SC11 - SC11 VTD: 121SC23 - SC23 010516: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 VTD: 121SC27 - SC27 District 007 Fulton County VTD: 121FA01B - FA01B 010510: THURSDAY, APRIL 2, 2015 3531 3126 VTD: 121SC07 - SC07 010513: 2022 2024 2029 2030 2056 010514: 3055 3056 3079 3080 VTD: 121SC21 - SC21 010510: 2019 2020 2021 3002 3010 3011 3012 3013 3015 3016 3017 3026 3027 3028 3029 3031 3034 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096 3102 3103 3104 3105 3106 3107 3108 3109 3110 3112 3114 3115 3116 3127 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216 3217 3220 3221 3222 010513: 2036 010515: 1022 1023 1024 1025 1036 1037 1038 1039 1040 1041 1042 1046 1048 VTD: 121SC23 - SC23 010510: 1027 010515: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1044 1045 010516: 2011 2017 2018 VTD: 121SC29 - SC29 VTD: 121UC02 - UC02 010510: 3014 010513: 2037 2057 VTD: 121UC03A - UC03A 010510: 3008 For the purposes of this plan (SF-7dp1): (1) 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 3532 JOURNAL OF THE SENATE 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; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of South Fulton which is not included in any district described in this plan (SF-7dp1) 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; and (4) Any part of the City of South Fulton which is described in this plan (SF-7dp1) 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. (5) Any part of the territory described in this plan (SF-7dp1) that has been annexed into another municipality before July 1, 2015, shall nevertheless not be included in any of the districts described in the plan. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Roger Bruce, Georgia State Representative from the 61st District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of South Fulton, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 2015. _____________________________________ Honorable Roger Bruce Representative, 61st District Georgia State House of Representatives THURSDAY, APRIL 2, 2015 3533 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: C Albers C Beach Y Bethel N Black Burke Butler Cowsert Y Crane Davenport E Dugan N Fort C Ginn C Gooch Y Harbin Y Harbison C Harper Heath Henson Y Hill, H Hill, Jack C Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin N McKoon C Millar E Miller Y Mullis N Orrock N Parent Y Ramsey Rhett Y Seay E Shafer N Sims Y Stone Tate Thompson, B Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 22, nays 7. HB 514, having failed to receive the requisite constitutional majority, was lost. Senator James of the 35th moved that the Senate reconsider its action in defeating HB 514. On the motion, the President called for unanimous consent. There was no objection and HB 514 was reconsidered and placed on the General Calendar. The following bill was taken up to consider House action thereto: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for 3534 JOURNAL OF THE SENATE applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Harper of the 7th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 100 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, Watson of the 1st and Tolleson of the 20th. At 3:50 p.m. the President announced that the Senate would stand in recess until 5:00 p.m. At 5:00 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes. HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 THURSDAY, APRIL 2, 2015 3535 (Ga. L. 1965, p. 2243), as amended, so as to provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 59. By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education 3536 JOURNAL OF THE SENATE programs; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for 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. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by revising subsection (b) of Code Section 17-6-50.1, relating to continuing education programs for professional bondsmen and fees, as follows: "(b) The fee for continuing education programs for professional bondsmen shall not exceed $125.00 $250.00 annually." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 17-6-71, relating to execution hearing on failure to appear, as follows: "(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail or by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond." SECTION 3. Said chapter is further amended by revising subsections (b) through (c.1) of Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, as follows: "(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. Such notice may be sent from the holding institution by mail or e-mail or delivered by hand or by facsimile machine. Upon the presentation of such written THURSDAY, APRIL 2, 2015 3537 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 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 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. Such notice may be sent from the holding institution by mail or e-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 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 or removed from the United States by federal authorities. Official documentation An official written notice of such deportation from a federal official or agency shall be considered proof of the principal's deportation or removal. Such documentation may be delivered by mail or e-mail or delivered by hand or by facsimile machine." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 27th moved that the Senate agree to the House substitute to SB 195. On the motion, a roll call was taken and the vote was as follows: Y Albers C Beach Y Bethel Hill, Jack C Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 3538 JOURNAL OF THE SENATE Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan Y Fort Y Ginn C Gooch Harbin Y Harbison C Harper N Heath Y Henson Y Hill, H Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar E Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 195. Senator Hill of the 4th was excused as a Conferee. The following bill was taken up to consider House action thereto: HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 213 (HB 213/SCSFA/2) by deleting lines 5 and 6 and inserting in lieu thereof the following: when a county joins the Authority; to By deleting lines 97 through 126. THURSDAY, APRIL 2, 2015 3539 By redesignating Sections 3 through 7 as Sections 2 through 6, respectively. By deleting "subsection (b)" on line 199 and inserting in lieu thereof "paragraph (1) of subsection (b), subparagraph (b)(2)(A),". By deleting lines 212 and 213 and inserting in lieu thereof the following: of this Section at the rate of either one-half (1/2%) percent or one (1%) percent, as determined by that contract between such local By adding a quotation mark after the period at the end of line 226. By deleting lines 227 through 272. Senator Beach of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 213. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin 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 Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 213. The following Senators were excused as Conferees: Hill of the 32nd Thompson of the 14th 3540 JOURNAL OF THE SENATE The following resolution was taken up to consider House action thereto: SR 7. By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties for the offenses of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children; may impose assessments on adult entertainment establishments; and may provide for the allocation of such additional penalties and assessments to the Safe Harbor for Sexually Exploited Children Fund, as provided by law, for the purpose of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited; 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 may provide by general law for additional penalties in any case in any court in this state in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and may impose assessments on adult entertainment establishments as defined by law; and such appropriated amount shall not lapse as required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph, Article III, Section V, Paragraph II, Article VII, Section III, Paragraph II(a), or Article VII, Section III, Paragraph IV. The General Assembly may provide by general law for the allocation of such assessments and additional penalties THURSDAY, APRIL 2, 2015 3541 to the Safe Harbor for Sexually Exploited Children Fund for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended to allow additional penalties for criminal cases in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and to allow assessments on adult entertainment establishments to fund the Safe Harbor for Sexually Exploited Children Fund to pay for care and rehabilitative and social services for individuals in this state who have been or may be sexually exploited?" 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 moved that the Senate agree to the House substitute to SR 7. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Y Thompson, C Y Tippins 3542 JOURNAL OF THE SENATE C Gooch Y Harbin Y Harbison Y Harper N Heath Henson N Hill, H Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SR 7. The following bill was taken up to consider House action thereto: SB 8. By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 9, Code Section 15-6-95, Chapter 21 of Title 15, Chapter 6 of Title 16, Code Section 42-1-12, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions, priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, payment and disposition of fines and forfeitures, sexual offenses, the State Sexual Offender Registry, and children and youth services, respectively, so as to increase protection and resources for children who have been sexually exploited; to extend the statute of limitations for actions for childhood sexual abuse; to change provisions relating to the statute of limitations for injuries to the person; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to create the Safe Harbor for Sexually Exploited Children Fund and the Safe Harbor for Sexually Exploited Children Fund Commission; to provide for definitions; to provide for appointment of members of the commission and personnel; to provide for duties of the THURSDAY, APRIL 2, 2015 3543 commission and allow for expenses; to provide for recommendations of changes in state programs, laws, and policies; to provide for acceptance of federal funds and individual donations; to provide for fines and penalties; to provide for collection of fines and disposition of moneys collected; to impose a state regulatory assessment on certain adult entertainment establishments; to provide for the powers, duties, and authority of the Department of Revenue and the commissioner of revenue; to provide for a duty to collect; to provide for the priority of the fund when partial payments are made; to expand forfeiture proceedings involving pimping under certain circumstances to include keeping a place of prostitution, pimping, pandering, and pandering by compulsion; to require registration on the State Sexual Offender Registry when an individual is convicted of trafficking a person for sexual servitude; to require the Department of Human Services to implement a plan to provide services to sexually exploited children; to provide for a short title; to provide for legislative findings and a purpose statement; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. This Act shall be known and may be cited as the "Safe Harbor/Rachel's Law Act." SECTION 1-2. (a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local 3544 JOURNAL OF THE SENATE governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments. (b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state. PART II SECTION 2-1. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by revising Code Section 9-3-33, relating to limitations for actions for injuries to the person, as follows: "9-3-33. Except as otherwise provided in this article, actions Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues." SECTION 2-2. Said chapter is further amended by revising Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, as follows: "9-3-33.1. (a)(1) As used in this Code section subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years of age and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2; THURSDAY, APRIL 2, 2015 3545 (C) Statutory rape, as prohibited in Code Section 16-6-3; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5; (F) Pandering, as prohibited in Code Section 16-6-12; (G) Pandering by compulsion, as prohibited in Code Section 16-6-14; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; (I) Incest, as prohibited in Code Section 16-6-22; (J) Sexual battery, as prohibited in Code Section 16-6-22.1; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. (b)(2) Notwithstanding Code Section 9-3-33, any Any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced within five years of on or before the date the plaintiff attains the age of majority 23. (b)(1) As used in this subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-546; (B) Rape, as prohibited in Code Section 16-6-1; (C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2; (E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; (G) Incest, as prohibited in Code Section 16-6-22; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 25." SECTION 2-3. Said chapter is further amended by revising Code Section 9-3-90, relating to persons under disability or imprisoned when cause of action accrues, as follows: "9-3-90. (a) Individuals Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be 3546 JOURNAL OF THE SENATE entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. (b)(c) No action accruing to a person an individual imprisoned at the time of its accrual which, prior: (1) Prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would; or (2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985." SECTION 2-4. Said chapter is further amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows: "9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1." PART III SECTION 3-1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding a new article to read as follows: "ARTICLE 11 15-21-200. This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the Constitution, which provision authorizes additional penalty assessments for violations relating to certain sexual crimes, authorizes assessments on certain businesses, and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative and social services for certain citizens of this state who have been sexually exploited. THURSDAY, APRIL 2, 2015 3547 15-21-201. As used in this article, the term: (1) 'Adult entertainment establishment' means any place of business or commercial establishment where alcoholic beverages of any kind are sold, possessed, or consumed 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 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) 'Commission' means the Safe Harbor for Sexually Exploited Children Fund Commission. (3) 'Fund' means the Safe Harbor for Sexually Exploited Children Fund. (4) 'Safe house' means a licensed residential facility that provides safe and secure shelter. (5) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (6) 'Sexually exploited child' means a person who is younger than 18 years of age who: (A) Has been the victim of trafficking of persons for sexual servitude in violation of Code Section 16-5-46; (B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for hire; or (C) Has been the victim of sexually explicit conduct for the purpose of producing any print or visual medium. (7) '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. (8) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12100. 15-21-202. (a) There is established the Safe Harbor for Sexually Exploited Children Fund Commission which is assigned to the Division of Family and Children Services of the 3548 JOURNAL OF THE SENATE Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) There is created the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and shall invest the fund moneys in the same manner as authorized for investing other moneys in the state treasury. (c) The commission may authorize the disbursement of available money from the fund, after appropriation thereof, for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children and to a person, entity, or program eligible pursuant to criteria to be set by the commission. The commission shall also consider disbursement of available money from the fund to a person, entity, or program devoted to awareness and prevention of becoming a sexually exploited child. The commission may also authorize the disbursement of fund money for the actual and necessary operating expenses that the commission incurs in performing its duties; provided, however, that such disbursements shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to disburse money to provide care and rehabilitative and social services for sexually exploited children. 15-21-203. (a) The commission shall consist of eight members. Seven of the members shall serve for terms of two years, except that with respect to the first members appointed, two members shall be appointed for terms of three years, four members for terms of two years, and one member for a term of one year. The director of the Division of Family and Children Services of the Department of Human Services shall be a permanent member of the commission. The chairperson of the Criminal Justice Coordinating Council, the commissioner of behavioral health and developmental disabilities, and the director of the Division of Family and Children Services of the Department of Human Services shall each appoint one member of the commission; the President of the Senate and the Speaker of the House of Representatives shall each appoint two of the remaining four members. The Governor shall establish initial terms of office for all members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the THURSDAY, APRIL 2, 2015 3549 purposes of this article. 15-21-204. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the fund. 15-21-205. (a) The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available money from the fund; (5) Develop a state-wide protocol for helping to coordinate the delivery of services to sexually exploited children; (6) Provide oversight and accountability for any program that receives disbursements from the fund; (7) Maintain records of all its expenditures, funds received as gifts and donations, and disbursements made from the fund; and (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable. 15-21-206. The commission may recommend to the Governor and the General Assembly changes in state programs, laws, policies, budgets, and standards relating to the care and rehabilitation of sexually exploited children, changes to improve coordination among state agencies that provide care and rehabilitative and social services to sexually exploited children, and changes to improve the condition of sexually exploited children who are in need of rehabilitative and social services. 15-21-207. The commission may accept and solicit federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not 3550 JOURNAL OF THE SENATE commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All such funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit into the fund to be disbursed as other moneys in the fund. 15-21-208. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any violation of Code Section 16-6-10, 16-6-11, 16-6-12, 166-14, 16-6-15, 16-6-16, or 16-12-100, there shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age or older at the time of the offense. (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 chapter. (c) The sums provided for in this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) Any person whose duty it is to collect or remit the sums provided for in this Code section who intentionally refuses to collect or remit such sums shall be guilty of a misdemeanor. 15-21-209. (a) By April 30 of each calendar year, each adult entertainment establishment shall pay to the commissioner of revenue a state operation assessment equal to the greater of 1 percent of the previous calendar year's gross revenue or $5,000.00. This state assessment shall be in addition to any other fees and assessments required by the county or municipality authorizing the operation of an adult entertainment business. (b) The previous year's gross revenue of an adult entertainment establishment shall be determined based upon tax returns filed with the Department of Revenue. The commissioner of revenue may, by rule or regulation, require other reports or returns to be filed by an adult entertainment establishment as he or she deems appropriate. (c) The assessments collected pursuant to this Code section shall be remitted to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) The assessments imposed by this Code section shall be assessed and collected in the same manner as taxes due the state in Title 48 and appeals of such assessments shall be within the jurisdiction of the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50. (e) The commissioner of revenue shall be authorized to promulgate any rules and regulations he or she deems necessary to implement and administer the provisions of this Code section." THURSDAY, APRIL 2, 2015 3551 SECTION 3-2. Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, is amended by deleting "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14), and by adding a new paragraph (15) to read as follows: "(15) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund." PART IV SECTION 4-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (b) of Code Section 16-3-6, relating to affirmative defenses to certain sexual crimes, as follows: "(b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed by an accused who was: (1) Less than 18 years of age at the time of the conduct such person was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46; or (2) Acting under coercion or deception while the accused was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46." SECTION 4-2. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended in paragraph (10) of subsection (a) by revising subparagraph (a)(10)(B) and adding a new subparagraph and by adding a new subsection to read as follows: "(B) 'Dangerous sexual offense' with respect to convictions occurring after June 30, between July 1, 2006, and June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; 3552 JOURNAL OF THE SENATE (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.1) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking a person for sexual servitude in violation of Code Section 16-546; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; THURSDAY, APRIL 2, 2015 3553 (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor." "(r) Any violation of this Code section is declared to be a continuous offense, and venue for such offense shall be considered to have been committed in any county where: (1) A sexual offender is required to register; (2) An accused fails to comply with the requirements of this Code section; or (3) An accused provides false information." SECTION 4-3. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising Code Section 49-5-8, relating to the powers and duties of department, by adding a new subsection to read as follows: "(d)(1) As used in this subsection, the term 'sexually exploited child' shall have the same meaning as set forth in Code Section 15-21-201. (2) The department, in consultation with the Office of the Child Advocate for the Protection of Children, the Criminal Justice Coordinating Council, and law enforcement officials, shall develop a plan for the delivery of services to sexually exploited children, victims of trafficking of persons for labor servitude, and such children and persons who are at risk of becoming victims of such offenses. In developing such plan, the department shall work with state and federal agencies, public and private entities, and other stakeholders as it deems appropriate and shall periodically review such plans to ensure appropriate services are being delivered. Such plan shall include: (A) Identifying children who need services; (B) Providing assistance with applications for federal and state benefits, compensation, and services; (C) Coordinating the delivery of physical and mental health, housing, education, job training, child care, legal, and other services; (D) Preparing and disseminating educational and training materials to increase awareness of available services; (E) Developing and maintaining community based services; (F) Providing assistance with family reunification or repatriation to a country of origin; and 3554 JOURNAL OF THE SENATE (G) Providing law enforcement officials assistance in identifying children in need of such services." PART VA SECTION 5A-1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising subsection (c) of Code Section 16-6-13.2, relating to forfeiture and seizure of property and in rem actions, as follows: "(c)(1) Any motor vehicle operated by a person to facilitate a violation of Code Section 16-6-10, 16-6-11, 16-6-12, or 16-6-14 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-612 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (2) For the purpose of this subsection, a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 involving a motor vehicle shall mean a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 in which a motor vehicle is used to violate said Code section or in which the violation occurred." SECTION 5A-2. Said chapter is further amended by revising subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, as follows: "(a) Any proceeds or money which is used, intended for use, used, directly or indirectly, used or intended for use in any manner to facilitate, or derived from a violation of Code Section 16-6-10, 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is 16-6-12, or 16-6-14 is declared to be contraband and shall be forfeited to the state and no person shall have a property interest in it such proceeds or money. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment." PART VB SECTION 5B-1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses is amended by repealing in its entirety Code Section 16-6-13.2, relating to forfeiture and seizure of property involving pimping and pandering, and enacting a new Code Section 16-6-13.2 to read as follows: THURSDAY, APRIL 2, 2015 3555 "16-6-13.2. (a) As used in this Code section, the term 'motor vehicle' shall have the same meaning as set forth in Code Section 40-1-1. (b) Any motor vehicle used by a person to facilitate a violation of Code Section 16-610, 16-6-11, 16-6-12, or 16-6-14 is declared to be contraband and no person shall have a property right in it. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9." SECTION 5B-2. Said chapter is further amended by repealing in its entirety Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, and enacting a new Code Section 16-6-13.3 to read as follows: "16-6-13.3. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of Code Section 16-6-10, 16-6-11, 16-6-12, or 16-6-14 and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9." PART VI SECTION 6-1. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2015. (b) Part 3 of this Act shall become effective on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. If such an amendment to the Constitution of Georgia is not so ratified, then Part 3 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017. (c)(1) Part 5B of this Act shall become effective on July 1, 2015, only if HB 233 is enacted by the General Assembly and becomes law in 2015, in which event Part 5A of this Act shall not become effective and shall stand repealed on July 1, 2015. (2) If HB 233 does not become law in 2015, then Part 5A of this Act shall become effective on July 1, 2015, and Part 5B of this Act shall not become effective and shall stand repealed on July 1, 2015. 3556 JOURNAL OF THE SENATE SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 8. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 8. Senator Williams of the 27th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 122. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3557 The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for additional purposes for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, is amended by revising subsection (a) as follows: "(a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this part levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, the governing authority of the county within the special district voting to impose the tax authorized by this part shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify eligible expenditures identified by the county and any qualified municipality for use of proceeds distributed pursuant to subsection (b) of Code Section 48-8-115. Such ordinance or resolution shall also specify: (1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of capital outlay projects located within or outside, or both within and outside, any incorporated areas in the county in the special district or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes: (A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; 3558 JOURNAL OF THE SENATE (B) A capital outlay project or projects in the special district and consisting of a courthouse; administrative buildings; a civic center; a local or regional jail, correctional institution, or other detention facility; a library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 128-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more qualified municipalities within the special district; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more qualified municipalities within the special district, one or more local authorities within the special district, or any combination thereof; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility or a facility for some combination of such purposes; (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof; (H) A capital outlay project or projects within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects within the special district, consisting of capital equipment for use in voting in official elections or referendums; (J) A capital outlay project or projects within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by such county, municipality, or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with such county, municipality, or hospital authority; or (L) The repair of capital outlay projects, including, but not limited to, roads, streets, and bridges, located, in part or in whole, within the special district that have been damaged or destroyed by a natural disaster; (M) A capital outlay project or projects that are owned, operated, or administered THURSDAY, APRIL 2, 2015 3559 by the state and located, in part or in whole, within the special district; or (N) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The estimated cost of the project or projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 122. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Ligon Y Lucas Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Wilkinson E Williams, M Y Williams, T 3560 JOURNAL OF THE SENATE On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 122. The following messages were received from the House through Mr. Reilly, 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 266. By Representative Battles of the 15th: A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; 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 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate amendment to the following Bill of the House: HB 48. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates THURSDAY, APRIL 2, 2015 3561 honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; 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 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to define certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to in-person pharmacies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes. 3562 JOURNAL OF THE SENATE HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others: 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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; 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 36. By Representatives Benton of the 31st and Quick of the 117th: A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes. Senator Ginn of the 47th asked unanimous consent that HB 206, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 206, having been taken from the Table, was put upon its passage. HB 206. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st: 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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The Senate Committee on Public Safety offered the following substitute to HB 206: 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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3563 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 adding a new Code section to read as follows: "40-6-16.1. (a) As used in this Code section, the term 'sanitation worker' means an individual engaged in the collection and transport of residential or commercial solid waste and recyclables as authorized by a county or municipal governing authority. (b) The operator of a motor vehicle approaching a vehicle with active sanitation workers that is displaying flashing yellow, amber, white, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: (1) Make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or five miles per hour, whichever is more, and be prepared to stop. (c) Violation of subsection (b) of this Code section shall be punished by a fine of not more than $500.00." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Ginn of the 47th, Jeffares of the 17th, Unterman of the 45th and Harper of the 7th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 206 (LC 41 0488S) by replacing "five" with "25" on line 23. By replacing "$500.00" with "$250.00"on line 26. On the adoption of the amendment, there were no objections, and the Ginn, 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. 3564 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 3. HB 206, having received the requisite constitutional majority, was passed by substitute. Senator Unterman of the 45th asked unanimous consent that HB 288, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 288, having been taken from the Table, was put upon its passage. HB 288. By Representatives Dempsey of the 13th, Tanner of the 9th, Epps of the 144th, Gardner of the 57th, Reeves of the 34th and others: A BILL to be entitled an Act to amend Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. THURSDAY, APRIL 2, 2015 3565 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch N Harbin Y Harbison Harper N Heath Y Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 46, nays 4. HB 288, having received the requisite constitutional majority, was passed. Senator Burke of the 11th asked unanimous consent that HB 568, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 568, having been taken from the Table, was put upon its passage. HB 568. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of 3566 JOURNAL OF THE SENATE Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Burke of the 11th. The Senate Committee on Judiciary offered the following substitute to HB 568: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by revising Code Section 19-7-43, relating to petitions for determination of paternity, as follows: "19-7-43. (a) A petition to establish the paternity of a child may be brought by: (1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Services in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions. (d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between THURSDAY, APRIL 2, 2015 3567 the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. (e) In any case for the collection of child support involving the Department of Human Services in which the paternity of a child or children has not been established or in which the individual receiving services alleges that paternity rests in a person other than the previously established father, the Department of Human Services may shall order genetic testing of the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. No genetic testing shall be undertaken by the Department of Human Services if the child was adopted either by the applicant for services or other alleged parent or if the child was conceived by means of artificial insemination. The request for the order need for genetic testing shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department Department of Human Services prior to the testing or the imposition of any noncooperation sanction. (f) In any case in which the court or the department Department of Human Services orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department Department of Human Services shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. If the genetic test excludes the possibility of the alleged father being the biological father, then the applicant for services who named the alleged father shall be liable to the Department of Human Services for reimbursement of the paternity testing fee. Upon completion of the first test, but prior to the entry of any order, a A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment in full of the cost of the initial test as well as the cost of the second test at the time of the request. Any party who, after notice sent by mail to his or her last known address, fails to cooperate with paternity testing or fails to make any child available for paternity testing may be sanctioned by the Department of Human Services. Such sanctions may include but shall not be limited to loss of the opportunity for paternity testing, loss of state benefits, denial of services, and administrative case closure. The Department of Human Services may bring a petition for contempt in the event of such noncooperation in violation of any court order." SECTION 2. Said article is further amended by revising Code Section 19-7-45, relating to genetic tests, as follows: "19-7-45. (a) All orders requiring parties to submit to genetic tests shall be issued in conformance 3568 JOURNAL OF THE SENATE with Code Sections 19-7-43, and 19-7-46, and 19-7-54. In all cases such tests must shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law. (b) When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. (c) Genetic The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. (d) An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent. (e)(1) The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from a genetic test to any pleading or court order. (2) The genetic material collected for a genetic test shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services. (3) The genetic material collected for a genetic test shall not be shared with any other person or entity." SECTION 3. Said article is further amended by revising Code Section 19-7-54, relating to motions to set aside determinations of paternity, as follows: "19-7-54. (a) Unless otherwise specified in this Code section, in In any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior or state court that entered the order and shall include: (1) An affidavit executed by the movant that the newly discovered evidence has come to movant's knowledge since the entry of judgment; and (2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required. (b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following: (1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted; THURSDAY, APRIL 2, 2015 3569 (2) The male ordered to pay child support has not adopted the child; (3) The child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock; (4) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and (5) The male ordered to pay child support with knowledge that he is not the biological father of the child has not: (A) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support; (B) Acknowledged his paternity of the child in a sworn statement; (C) Been named as the child's biological father on the child's birth certificate with his consent; (D) Been required to support the child because of a written voluntary promise; (E) Received written notice from the Department of Human Services, any other state agency, or any court directing him to submit to genetic testing which he disregarded; (F) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or (G) Proclaimed himself to be the child's biological father. (c) In the event movant fails to make the requisite showing provided in subsection (b) of this Code section, the court may grant the motion or enter an order as to paternity, duty to support, custody, and visitation privileges as otherwise provided by law. (d) In any case when the underlying child support order was issued by a court of this state or by the Department of Human Services and is being enforced by the Department of Human Services, a movant may request a genetic test from the Department of Human Services, contingent upon advance payment of the genetic test fee by such movant. In any case when the custodian of the child does not consent to testing, a movant may petition the court to ask for testing of the other parent and the child or children. (d)(e) In the event relief is granted pursuant to subsection (b) of this Code section, relief shall be limited to the issues of prospective child support payments, past due child support payments, termination of parental rights, custody, and visitation rights. In any case when the underlying order was obtained by the Department of Human Services, a court granting the motion to set aside a determination of paternity may relieve the obligor of responsibility for any future or past due amounts, or both, owed to the state. The court may also relieve the obligor of the same that is owed to any other person or entity so long as the obligor adds that person or entity to the underlying motion and provides that person or entity with notice of the action. In all motions brought under this Code section when there is any amount owed to the state, the Department of Human Services shall be made a party. Failure to include the Department of Human Services as a party shall prevent the waiver of any amount owed to the state. (e)(f) The duty to pay child support and other legal obligations for the child shall not be suspended while the motion is pending except for good cause shown; however, the 3570 JOURNAL OF THE SENATE court may order the child support be held in the registry of the court until final determination of paternity has been made. (f)(g)(1) In any action brought pursuant to this Code section, if the genetic test results submitted in accordance with paragraph (2) of subsection (a) of this Code section are provided solely by the male ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the child's mother, the child, and the male ordered to pay child support to submit to genetic tests. The court shall provide that such genetic testing be done no more than 30 days after the court issues its order. (2) If the mother of the child or the male ordered to pay child support willfully fails to submit to genetic testing, or if either such party is the custodian of the child and willfully fails to submit the child for testing, the court shall issue an order determining the relief on the motion against the party so failing to submit to genetic testing. If a party shows good cause for failing to submit to genetic testing, such failure shall not be considered willful. (3) The party requesting genetic testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, such agency shall pay the cost of genetic testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (g)(h) If relief on a motion filed in accordance with this Code section is not granted, the court shall assess the costs of the action and attorney's fees against the movant." 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B THURSDAY, APRIL 2, 2015 3571 Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 47, nays 0. HB 568, having received the requisite constitutional majority, was passed by substitute. Senator Jeffares of the 17th asked unanimous consent that HB 341, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 341, having been taken from the Table, was put upon its passage. HB 341. By Representatives Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The Senate Committee on Regulated Industries and Utilities offered the following substitute to HB 341: A BILL TO BE ENTITLED AN ACT To amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. 3572 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Qualified inspector' means: (A) A person inspecting for compliance with the International Building Code or the building portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a building inspector; (B) A person inspecting for the compliance of residential buildings with the National Electrical Code or the electrical portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board; (C) A person inspecting for the compliance of nonresidential buildings with the National Electrical Code who holds a certification from the ICC as a commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board; (D) A person inspecting for compliance with the International Fuel Gas Code who holds a certification from the ICC as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board; (E) A person inspecting for compliance with the International Mechanical Code or the mechanical portion of the International Residential Code for One- and TwoFamily Dwellings who holds a certification from the ICC as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board; (F) A person inspecting for compliance with the International Plumbing Code or the plumbing portion of the International Residential Code for One- and TwoFamily Dwellings who holds a certification from the ICC as a plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board; (G) A person inspecting for compliance with any portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a one and two-family dwelling inspector; (H) A person inspecting for compliance with the International Energy Conservation Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or (I) A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds: (i) A a certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of THURSDAY, APRIL 2, 2015 3573 engineering expertise while conducting such inspection; (ii) A level II, III, IV, or V certification from the Building Officials Association of Georgia, provided that such levels of certification require work experience and an examination by the ICC or a testing agency approved by the Building Officials Association of Georgia; or (iii) A level II, III, IV, or V certification from the Building Officials Association of Georgia on the effective date of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 48, nays 0. HB 341, having received the requisite constitutional majority, was passed by substitute. 3574 JOURNAL OF THE SENATE Senator Jones of the 25th asked unanimous consent that HB 95, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 95, having been taken from the Table, was put upon its passage. HB 95. By Representatives Tanner of the 9th, England of the 116th, Peake of the 141st, Carter of the 175th, Broadrick of the 4th and others: A BILL to be entitled an Act to amend Code Section 36-83-8 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to provide for a trust fund managed by the state treasurer; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Y Harbison Y Harper Y Heath 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the passage of the bill, the yeas were 49, nays 0. HB 95, having received the requisite constitutional majority, was passed. THURSDAY, APRIL 2, 2015 3575 The following Senators were excused as Conferees: Burke of the 11th Ligon, Jr. of the 3rd Hill of the 32nd Jeffares of the 17th The following bill was taken up to consider House action thereto: SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; 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 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for various reforms regarding the state's child welfare system pursuant to a comprehensive review by the Governor's Child Welfare Reform Council; to provide that the director of the Division of Family and Children Services of the Department of Human Services is appointed by the Governor; to establish the DFCS State Advisory Board; to provide requirements for members appointed to county boards of family and children services; to clarify the primary purpose of county departments of family and children services; to establish DFCS Regional Advisory Boards; to revise definitions; to provide for casework services; to revise provisions regarding foster children; to provide for the sharing of data relating to the care and protection of children between agencies; to provide for legislative findings; to provide for the establishment of an interagency data protocol; to provide for interagency agreements; to provide a manner to address legal impediments that are identified; to provide for statutory construction; to provide for contact with a school regarding reports of suspected child abuse; to provide for access to a child's medical and educational records by a foster parent; to repeal certain provisions deemed unconstitutional regarding a central child abuse registry; to enact new provisions to provide for the establishment of a central child abuse registry; to provide for definitions; to provide for the reporting of convictions and substantiated cases of child abuse to the Division of Family and Children Services; to provide for entry of reported convictions and substantiated cases into the registry; to provide for a hearing to contest inclusion of a name in the registry; to limit access to information in the registry; to provide for confidentiality; to provide for immunity; to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, so as to revise provisions relating to DFCS case plans; to provide that a temporary 3576 JOURNAL OF THE SENATE absence shall not be considered a placement change; to revise provisions relating to permanency planning reports and hearings; to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, so as to provide for certain contracts regarding children in state care or custody; to repeal a provision relating to the Council for Welfare Administration; 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 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Chapter 2, relating to the Department of Human Services, by adding new Code sections to read as follows: "49-2-18. (a) The Governor shall appoint the director of the Division of Family and Children Services of the department who shall serve at the pleasure of the Governor. The director shall be an employee of the department but shall report directly to the Governor. (b) The director shall have a college degree and at least one of the following qualifications: (1) Educational background or managerial experience involving work with vulnerable populations; (2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or (3) Experience working in or managing a complex, multidisciplinary business or government agency. 49-2-19. (a) There is established the DFCS State Advisory Board which shall consist of 20 members appointed by the Governor as follows: (1) One representative from each of the 15 DFCS regions; and (2) Five members who are either state legislators or representatives from the fields of: (A) Child welfare; (B) Former youth in foster care; (C) Public health or behavioral health and developmental disabilities; (D) Private child welfare care provider; or (E) Juvenile justice. (b) The advisory board shall review and make recommendations to the director of the Division of Family and Children Services of the department regarding issues relating to the protection of children and the welfare and public assistance functions of the division. Such review and recommendations shall include, but not be limited to, the following: (1) Examination of current law, rules and regulations, and policy and THURSDAY, APRIL 2, 2015 3577 recommendations to improve the ability of the division to increase the safety of children, respond to child maltreatment, and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system; (2) Propose legislative or administrative changes to policies and programs that are integral to the protection of children and the welfare and public assistance functions of the division; (3) Examination of caseload assignments and ratios of child protective services workers and recommendations for reasonable expectations for such workers and supervision and support needed to perform their jobs; and (4) Recommendations on improved collaboration among state, local, community, and public and private stakeholders in child welfare programs and services that are administered by the division. (c) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and establish committees as it considers appropriate. (d) The advisory board shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the Division of Family and Children Services of the department, or the Governor. The director of the Division of Family and Children Services of the department shall participate in such meetings and provide a quarterly report to the advisory board in advance of each quarterly meeting. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the advisory board; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees." SECTION 2. Said title is further amended by revising Code Section 49-3-2, relating to the appointment of members to the county department of family and children services, as follows: "49-3-2. (a) Each county board shall consist of between five and seven members who shall be appointed by the governing authority of the county. No person serving as a member of a county board on July 1, 1994 2015, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the 3578 JOURNAL OF THE SENATE county population. Further, the governing authority shall ensure that all appointments made on or after July 1, 2015, are made from the following categories: (1) Pediatric health care providers; (2) Appropriate school personnel; (3) Emergency responders; (4) Law enforcement personnel; (5) Private child welfare service providers; (6) Alumni of the child welfare system; (7) Mental health care providers; (8) Former foster parents; and (9) Leaders within the faith-based community. (b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1994, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a five-year term. (c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the governing authority of the county shall fail to fill any such vacancy or any vacancy caused by expiration of term on the county board within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies. (d) In addition to the five members required by subsection (a) of this Code section, the county governing authority is authorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Appointments to fill vacancies created by the death, resignation, or removal before the end of the term of a member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section. (e)(d) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses. (f) In addition to the five members otherwise provided for in this Code section, the board of family and children services in any county of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future THURSDAY, APRIL 2, 2015 3579 such census shall include an additional two members who shall be subject to this Code section in the same manner as the five members otherwise provided for in this Code section. Each member provided for in this subsection shall be appointed for a term of five years and until the appointment and qualification of the member's successor, except that in the initial appointment of the two additional members one member shall be appointed for a four-year term and one member for a five-year term; and these initial members shall serve until the appointment and qualification of their successors. (e) The role of the county board shall be to protect the well-being of this state's children while preserving family integrity. County boards may review the administration of all welfare and public assistance functions for the county, including such programs as temporary assistance for needy families (TANF), supplemental nutrition assistance program (SNAP), employment services, child protective services, foster care, and adoptions, and shall report no less than annually and not later than December 15 of each year to the director of the Division of Family and Children Services of the department the effectiveness of the county department's provision of services, the needs of the community, and its recommendations for improved operations of the county department. County boards shall serve as an active liaison and a link between the county department and the local community. County boards shall support the overall mission of the Division of Family and Children Services of the department." SECTION 3. Said title is further amended by revising Code Section 49-3-6, relating to the functions of county or district departments of family and children services, as follows: "49-3-6. (a) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department: (1) Investigate reports of abuse and neglect; (2) Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect; (3) Work cooperatively with law enforcement regarding reports that include criminal conduct allegations; and (4) Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title. (b) In addition to the purpose in subsection (a) of this Code section, and subject Subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent, and neglected, delinquent, and disabled children; and such other welfare activities as shall be delegated to it by the Department of Human Services Division of Family and Children Services of the department or by 3580 JOURNAL OF THE SENATE the county commissioners. The county department shall also investigate and pass upon all applications for admission to and discharge from county institutions which provide care and treatment for indigents. If so appointed by a court of competent jurisdiction, the Department of Human Services or the county or district department of family and children services shall perform under the supervision of such court the function of probation officer or agent of the court in any welfare or penal matters which may be before it." SECTION 4. Said title is further amended in Chapter 3, relating to family and children services, by adding a new Code section to read as follows: "49-3-9. There is established in each region a DFCS Regional Advisory Board. Each regional advisory board shall be composed of at least five members and shall include the director and at least one board member of each county department of family and children services within the region as selected by the DFCS regional director. The DFCS regional director may appoint additional members who are representatives from the categories included in paragraphs (1) through (9) of subsection (a) of Code Section 49-3-2. The purpose of the regional advisory boards shall be to improve communication and coordination between the county departments of family and children services of the counties within the region, to improve and streamline service delivery by the county departments, and to provide for the consistent application of state policy of the Division of Family and Children Services of the department within the county departments within each DFCS region. Each regional advisory board shall meet at least quarterly." SECTION 5. Said title is further amended by revising Code Section 49-5-3, relating to definitions relative to children and youth services, as follows: "49-5-3. As used in this article, the term: (1) 'Age or developmentally appropriate' means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. In the case of a specific child, such term also includes activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. (2) 'Caregiver' means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (1)(3) 'Child-caring institution' means any institution, society, agency, or facility, THURSDAY, APRIL 2, 2015 3581 whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board. (2)(4) 'Child-placing agency' means any institution, society, agency, or facility, whether incorporated or not, which places children in foster homes for temporary care or for adoption. (3)(5) '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 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. (4)(6) 'Children's transition care center' means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for short-term stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver. (5)(7) 'Dependent child or youth' means any person so adjudged under Chapter 11 of Title 15. (6) Reserved. (7) Reserved. (8) Reserved. (9)(8) 'Group-care facility' means a place providing care for groups of children and youths, other than a foster family home. (9.1) Reserved. 3582 JOURNAL OF THE SENATE (10)(9) 'Homemaker service' means a service provided by a woman selected for her skills in the care of children and home management and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother. (11)(10) 'In loco parentis' means a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary. (12)(11) '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 15-11-212. (13)(12) 'Maintenance' means all general expenses for care such as board; shelter; clothing; medical, dental, and hospital care; transportation; and other necessary or incidental expenses. (14)(13) 'Maternity home' means any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental. (15)(14) 'Probation' means a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation. (16)(15) 'Protective supervision' means a legal status created by court order following adjudication in a dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the dependency is provided through the court or an agency designated by the court. (16) 'Reasonable and prudent parent standard' means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in extracurricular, enrichment, cultural, and social activities. (17) 'Shelter' or 'shelter care' means temporary care in a nonsecurity or open type of facility." THURSDAY, APRIL 2, 2015 3583 SECTION 6. Said title is further amended by revising subsection (a) of Code Section 49-5-8, relating to the powers and duties of the Department of Human Services, as follows: "(a) The Department of Human Services is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide: (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 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 or delinquency; (B) Protective services that will investigate complaints of 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; (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; and (H) Casework services and care to all children and youths where the parent, custodian, or guardian has placed such children in the custody of the department by voluntary agreement, until such agreement is revoked by the parent, custodian, or guardian upon request that such children be returned to the parent, custodian, or guardian or to another relative or the voluntary agreement expires; provided, however, that nothing in this subparagraph shall prohibit the department from 3584 JOURNAL OF THE SENATE obtaining an order placing such children in its custody in accordance with Article 3 of Chapter 11 of Title 15; (3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court; (B) Providing shelter or custodial care for children prior to examination and study or pending court hearing; (C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and (D) Providing 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; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 4B of Title 49; (4) Regional group-care facilities for the purpose of: (A) Providing local authorities an alternative to placing any child in a common jail; (B) Shelter care prior to examination and study or pending a hearing before juvenile court; (C) Detention prior to examination and study or pending a hearing before juvenile court; and (D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing agencies, child-caring institutions, and maternity homes by: (A) Establishing rules and regulations for and providing consultation on such rules and regulations for all such agencies, institutions, and homes; and (B) Licensing and inspecting periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when funds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; THURSDAY, APRIL 2, 2015 3585 (F) Providing financial assistance to families adopting children once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount that would have been paid for boarding such child in a family foster home and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians; (10) Preparation, education, and training for foster parents which will provide them with the appropriate knowledge and skills to provide for the needs of foster children, including knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, and 3586 JOURNAL OF THE SENATE continue such preparation, as necessary, after the placement of the children; and (11) Each youth who is leaving foster care by reason of having attained 18 years of age, unless the child has been in foster care for less than six months, with, if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records, and a driver's license or identification card issued by a state in accordance with the requirements of Section 202 of the REAL ID Act of 2005. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40." SECTION 7. Said title is further amended in Chapter 5, relating to programs and protection for children and youth, by adding a new Code section to read as follows: "49-5-12.2. Any caregiver or other entity under contract with the department shall be immune from civil liability as a result of a caregiver's approval of the participation of a child, who is in the custody of the department, in an age or developmentally appropriate activity, so long as such caregiver or other entity under contract with the department acts in accordance with the reasonable and prudent parent standard. No provision in any agreement between the department and a caregiver or an entity under contract with the department shall diminish the standard of care provided in this Code section." SECTION 8. Said title is further amended by revising Code Section 49-5-19, relating to an annual report on children and youth services, as follows: "49-5-19. The commissioner shall prepare and publish in print or electronically an annual report on the operations of the department and of county departments of family and children services under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in family or institutional ensure that no more than 25 percent of children remain in the foster care system under Title IV-E of the Social Security Act for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commissioner as may be suitable." SECTION 9. Said title is further amended in Chapter 5, relating to programs and protection for children and youth, by adding a new Code section to read as follows: THURSDAY, APRIL 2, 2015 3587 "49-5-24. (a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state. (2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them. (3) The General Assembly finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties. (4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository. (b) The department, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data: (1) Division of Family and Children Services of the department; (2) Department of Early Care and Learning; (3) Department of Community Health; (4) Department of Public Health; (5) Department of Behavioral Health and Developmental Disabilities; (6) Department of Juvenile Justice; (7) Department of Education; and (8) Georgia Crime Information Center. (c) The department, working with such agencies, shall establish an interagency data protocol to enable each agency to accurately and efficiently collect and share data with the other agencies in the most effective and expeditious manner. The interagency data protocol shall: (1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data; (2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, 3588 JOURNAL OF THE SENATE and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data; (3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and (4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g, and the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9. (d) To further delineate the parameters for the sharing of data with one or more agencies, specific interagency agreements may be executed between or among agencies. (e) If a federal law or regulation impedes necessary data sharing between agencies, the appropriate agency or agencies shall make all reasonable attempts to be granted a waiver or exemption from the applicable law or regulation. (f) The Department of Human Services and any of the agencies in subsection (b) of this Code section may apprise chairpersons of the appropriate committees of the General Assembly of the need for any legislative action necessary to facilitate or improve data sharing between agencies for the purposes of this Code section. (g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memoranda of understanding existing as of June 30, 2015, or prohibit the creation of memoranda of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices. (2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law." SECTION 10. Said title is further amended by revising subsections (c) and (d) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows: "(c) The department or a county or other state or local agency may permit access to records concerning reports of child abuse and may release information from such records to the following persons or agencies when deemed appropriate by such department: (1) A physician who has before him or her a child whom he or she reasonably suspects may be abused; (2) A licensed child-placing agency, a licensed child-caring institution of this state which is assisting the Department of Human Services department by locating or providing foster or adoptive homes for children in the custody of the department, or an investigator appointed by a court of competent jurisdiction of this state to THURSDAY, APRIL 2, 2015 3589 investigate a pending petition for adoption; (3) A person legally authorized to place a child in protective custody when such person has before him or her a child he or she reasonably suspects may be abused and such person requires the information in the record or report in order to determine whether to place the child in protective custody; (4) An agency or person having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; (5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized citizen review panels, court appointed guardians ad litem, certified Court Appointed Special Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a protocol committee, as such term is defined in Code Section 19-15-1; (6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state; (7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee, except that such access or release shall protect the identity of: (A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made, when the department has been unable to determine the extent of the employee's involvement in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer, except that such access or release shall protect the identity of: (A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990; (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that 3590 JOURNAL OF THE SENATE counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor; (10.1) Any school official of a school that a child who was the subject of a report of suspected child abuse made pursuant to Code Section 19-7-5 attends in which there is an ongoing investigation of the reported abuse. Any such ongoing investigation shall include contact with such school to obtain any relevant information from school personnel regarding the report of suspected child abuse; (11) The Department of Early Care and Learning or the Department of Education; or (12) An individual, at the time such individual is leaving foster care by reason of having attained the age of majority, but such access shall be limited to providing such individual with a free copy of his or her health and education records, including the most recent information available. (d) Notwithstanding any other provision of law, any child-caring agency, child-placing agency, or identified foster parent shall have reasonable access to nonidentifying information from the placement or child protective services record compiled by any state department or agency having custody of a child with respect to any child who has been placed in the care or custody of such agency or foster parent or for whom foster care is being sought, excluding all documents obtained from outside sources which cannot be redisclosed under state or federal law. A department or agency shall respond to a request for access to a child's record within 14 days of receipt of such written request. Any child-caring agency, child-placing agency, or identified foster parent who is granted access to a child's record shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such records. Such record shall include reports of abuse of such child and the social history of the child and the child's family, the medical history of such child, including psychological or psychiatric evaluations, or educational records as allowed by state or federal law and any plan of care or placement plan developed by the department, provided that no identifying information is disclosed regarding such child. Notwithstanding the provisions of this subsection, a foster parent, as an agent of the department, shall have access to a child's medical and educational records in the same manner and to the same extent as the department itself and to the fullest extent allowable by law to ensure the proper care and education of a child entrusted to the foster parent's care." SECTION 11. Said title is further amended in Chapter 5 by repealing Article 8, relating to the central child abuse registry, and enacting a new article to read as follows: "ARTICLE 8 49-5-180. As used in this article, the term: (1) 'Abuse investigator' means the division, any county or district department of family and children services, or any designee thereof. THURSDAY, APRIL 2, 2015 3591 (2) 'Alleged child abuser' means a person named in an abuse investigator's report as having committed a substantiated case. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' has the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5. (5) 'Child abuse crime' means: (A) A violation of Article 1 or Article 2 of Chapter 5 of Title 16 or subsections (b) or (c) of Code Section 16-5-70, in which physical injury or death is inflicted on a minor child by a parent or caretaker thereof by other than accidental means; (B) A violation of Code Section 16-12-1 regarding a minor child by a parent or caretaker thereof; (C) A violation of Chapter 6 of Title 16 in which the victim is a minor; (D) A violation of Part 2 of Article 3 of Chapter 12 of Title 16; or (E) Any other crime that, in the discretion of the prosecuting attorney, constitutes child abuse. (6) 'Child abuse registry' means the Child Protective Services Information System. (7) 'Convicted' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. Such term also includes having been arrested, charged, and sentenced for the commission of a child abuse crime for which: (A) A plea of nolo contendere was entered to the charge; or (B) First offender treatment without adjudication of guilt pursuant to the charge was granted. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. (8) 'Convicted child abuser' means a person who is convicted. (9) 'Division' means the Division of Family and Children Services of the department. (10) 'Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (11) 'Sexual abuse' has the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (12) 'Sexual exploitation' has the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (13) 'Substantiated case' means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred. 49-5-181. (a) The division shall establish and maintain a central child abuse registry which shall be known as the 'Child Protective Services Information System.' The child abuse registry shall receive notice regarding: 3592 JOURNAL OF THE SENATE (1) Substantiated cases occurring on and after July 1, 2016, reported to the division pursuant to subsection (a) of Code Section 49-5-182; and (2) Convicted child abusers on and after July 1, 2016, reported to the division pursuant to subsection (b) of Code Section 49-5-182. (b) The child abuse registry shall be operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate substantiated cases and convicted child abusers; and (2) Maintain and produce aggregate statistical data of substantiated cases and cases of child abuse in which a person was convicted. 49-5-182. (a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise and determines that it is a substantiated case if the alleged child abuser was at least 13 years of age at the time of the commission of the act shall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shall include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the child alleged to have been abused, if known; (3) Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (4) of subsection (b) of Code Section 19-7-5 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (b) Upon receipt of a sentence for a convicted child abuser, the prosecuting attorney shall notify the division within 30 business days following such receipt. Such notice may be submitted electronically and shall include the following: (1) A certified copy of the sentence; (2) A complete history of the conviction, including a certified copy of the indictment, accusation, or both and such other information as the division may require; (3) Name, age, sex, race, social security number, and birthdate of the victim of child abuse by the convicted child abuser, if known; and (4) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the victim of child abuse by the convicted child abuser, if known. 49-5-183. (a) Upon receipt of an investigator's report of a substantiated case pursuant to subsection (a) of Code Section 49-5-182 naming an alleged child abuser, the division: (1) Shall include in the child abuse registry the name of the alleged child abuser, the THURSDAY, APRIL 2, 2015 3593 classification of the abuse as provided in paragraph (4) of subsection (a) of Code Section 49-5-182, and a copy of the investigator's report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the current address of the alleged child abuser and proper postage affixed. The notice shall further inform such alleged child abuser of such person's right to a hearing to appeal such determination. The notice shall further inform such alleged child abuser of the procedures for obtaining the hearing, and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (b) Any alleged child abuser who has not attained the age of majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (d) of this Code section shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the administrative law judge conducting the hearing determines that any such alleged minor child abuser will not be so represented at the hearing, or that the interests of any such alleged minor child abuser may conflict with the interests of the alleged minor child abuser's parent or other legal guardian, the administrative law judge shall order the division to apply to the superior court of the county in which the alleged act of child abuse was committed to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made by such county. (c) In order to exercise such right to a hearing, the alleged child abuser must file a written request for a hearing with the division within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the Office of State Administrative Hearings shall conduct a hearing upon that request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administrative determination regarding whether, based on a preponderance of evidence, there was child abuse committed by the alleged child abuser to justify the investigator's determination of a substantiated case. The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first-class mail to the address specified in the written request for a hearing and to the division by first-class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child 3594 JOURNAL OF THE SENATE abuser and the division, respectively, and proper postage affixed. Unless postponed by mutual consent of the parties and the administrative law judge or for good cause shown, that hearing shall be held within 30 business days following receipt by the Office of State Administrative Hearings of the request for a hearing, and a decision shall be rendered within five business days following such hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as necessary to allow the appointment of counsel. A telephone hearing may be conducted concerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned administrative law judge, venue may be transferred to any location within the state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county in which the alleged act of child abuse was committed. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article. (e) At the conclusion of the hearing under subsection (d) of this Code section, upon a finding that there is not a preponderance of evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that the alleged child abuser's name be removed from the child abuse registry. The general public shall be excluded from hearings of the Office of State Administrative Hearings held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection. (f) Notwithstanding any other provision of law, the decision of the administrative law judge under subsection (e) of this Code section shall constitute the final administrative decision. Any party shall have the right of judicial review of such decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within ten days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be substantially the same as those for judicial review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the child abuse registry and the superior court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. (g) The administrative law judge shall transmit to the division his or her decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the superior court shall transmit to the division its decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision. THURSDAY, APRIL 2, 2015 3595 49-5-184. (a) Upon receipt of a notice from a prosecuting attorney pursuant to subsection (b) of Code Section 49-5-182, the division shall include in the child abuse registry the name of the convicted child abuser, the offense for which he or she was convicted, and whether the offense is considered physical abuse, neglect or exploitation, sexual abuse, or sexual exploitation. (b) Any person whose name appears in the child abuse registry as a convicted child abuser shall be entitled to a hearing for an administrative determination of whether or not expungement of such person's name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the division. The provisions of this subsection shall not apply to persons who have waived their hearing after receipt of notice. (c) Upon receipt by the division of a written request for a hearing pursuant to subsection (b) of this Code section, the division shall transmit such request to the Office of State Administrative Hearings within ten days of receipt. The Office of State Administrative Hearings shall conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise provided in this Code section. A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. Upon a finding that there is no credible evidence that the person who requested the hearing is a convicted child abuser, the Office of State Administrative Hearings shall order the division to expunge that name from the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection. (d) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (c) of this Code section shall constitute the final agency decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within 30 days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial review of contested cases under Code Section 50-1319. The review and records thereof shall be closed to the public and not subject to public inspection. 49-5-185. (a) Except as otherwise authorized in subsection (c) of this Code section and subsection (b) of Code Section 49-5-186, the only persons or entities who may access or be provided any information from the child abuse registry are: (1) An abuse investigator who has investigated or is investigating a case of possible child abuse who shall only be provided information relating to that case for purposes of using that information in such investigation; 3596 JOURNAL OF THE SENATE (2) State or other government agencies of this state or any other state which license entities that have interactions with children or are responsible for providing care for children or licensed entities in this state which interact with children or are responsible for providing care for children which shall only be provided information for purposes of licensing or employment of a specific individual; (3) A licensing entity may disclose information from the child abuse registry in a written notice to an applicant or licensed entity whose license is denied or revoked as a result of information found in the registry, to the extent that such information is required in such notice by a federal or state law, regulation or policy, or in a proceeding arising from an adverse action taken against a licensed entity or individual as a result of information found in the registry; and (4) The Department of Early Care and Learning is authorized to disclose all or a portion of the information from the child abuse registry used to determine that a records check is unsatisfactory or to rescind a determination that a records check is satisfactory to an individual who has submitted a records check application or whose satisfactory records check determination has been rescinded in accordance with Article 2 of Chapter 1A of Title 20. (b) The division shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of substantiated cases of child abuse and convicted child abusers entered into the child abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons associated with the child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. (c) A person may make a written request to the division to find out whether such person's name is included in the child abuse registry. Upon presentation of a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether his or her name is included in the child abuse registry and, if so, the date upon which his or her name was listed in the registry and the substantiated case or child abuse crime for which such person was convicted. (d) The division shall provide persons and entities authorized in subsection (a) of this Code section with access to or information from the child abuse registry sufficient to meet the requirements prescribed by Congress as conditions to federal funding for programs administered by such entities or persons. 49-5-186. (a) Information in the child abuse registry shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50 and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter. (b)(1) Information obtained from the child abuse registry shall not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection; provided, however, that a district attorney may use such information in THURSDAY, APRIL 2, 2015 3597 any court proceeding in the course of any criminal prosecution, if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent, which information relates to the child while in the custody of such state department or agency or foster parent, shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50. (c) Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information under this article shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry, except as authorized in this article, shall be guilty of a misdemeanor. 49-5-187. The division and other authorized agencies, entities, and persons and the employees thereof providing information from the child abuse registry as authorized by this article and any person who uses such information shall have no civil liability or criminal responsibility therefor." SECTION 12. Said title is further amended by repealing and reserving Code Section 49-2-16, relating to the Council for Welfare Administration. SECTION 13. Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended in Code Section 15-11-201, relating to DFCS case plans and contents, by revising paragraphs (14) and (15) of subsection (b) as follows: "(14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, or placement with a fit and willing relative, DFCS recommends placement in another planned permanent living arrangement for a child who has attained the age of 16, the case plan shall include: (A) Documentation documentation of a compelling reason or reasons why reunification, termination of parental rights and adoption, adoptive placement, or permanent guardianship, or placement with a fit and willing relative are not in the child's best interests; (B) Documentation of the intensive, ongoing, and unsuccessful efforts made by the state agency to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the child; and (C) Documentation of the steps the state agency is taking to ensure that the child's 3598 JOURNAL OF THE SENATE foster family home or child care institution is following the reasonable and prudent parent standard, as defined in Code Section 49-5-3, and documentation that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, as defined in Code Section 49-5-3, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities. 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) 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;. (B) The case plan for each child in foster care who has attained the age of 14 years old shall be developed and revised in consultation with the child and, at the option of the child, up to two members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. DFCS may reject an individual selected by a child to be a member of the case planning team at any time if DFCS has good cause to believe that the individual would not act in the best interests of the child. One such member may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child. (C) The case plan for each child in foster care who has attained the age of 14 years old shall include: (i) A document describing the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with a consumer report pursuant to 42 U.S.C. Section 675(5)(I), and the right to stay safe and avoid exploitation; and (ii) A signed acknowledgment by the child that the child has been provided with a copy of the document described in division (i) of this subparagraph and that the rights contained in the document have been explained to the child in an ageappropriate way;" SECTION 14. Said article is further amended in Code Section 15-11-211, relating to relative search by DFCS, by revising subsection (c) as follows: "(c) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section and all parents of a sibling of such child, when such parent has legal custody of such sibling, 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 THURSDAY, APRIL 2, 2015 3599 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." SECTION 15. Said article is further amended in Code Section 15-11-215, relating to notice of change in placement hearings, by adding a new subsection to read as follows: "(g) A placement change shall not include a temporary absence from the child's identified and ongoing foster care placement, including, but not limited to, visitation with a friend, sibling, relative, or other caretaker, including a pre-placement visit to a possible foster or adoptive placement; hospitalization for medical, acute psychiatric episodes or diagnosis; respite care when the child is expected to return to his or her foster care placement; day or overnight camp; temporary travel with the foster family or child care institution personnel, church, school, or other persons or groups approved by DFCS; trial home visits with the court's permission, if required by subsection (b) of Code Section 15-11-212; and runaway episodes." SECTION 16. Said article is further amended in Code Section 15-11-231 of the Official Code of Georgia Annotated, relating to permanency planning report, by revising subparagraph (D) of paragraph (8) and adding a new paragraph to read as follows: "(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 who has attained the age of 16 years old, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement;" "(8.1) The documentation listed in paragraph (14) of subsection (b) of Code Section 15-11-201;" SECTION 17. Said article is further amended in Code Section 15-11-232, relating to permanency planning hearings and findings, by revising subsections (a) and (c) as follows: "(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 3600 JOURNAL OF THE SENATE 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.; (9) In the case of a child for whom another planned permanent living arrangement is the permanency plan: (A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children; (B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and (C) After asking the child, what his or her desired permanency outcome is; and (10) If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201." "(c) If the court finds, as of the date of the hearing, that another planned permanent living arrangement is in the best interests of a child who has attained the age of 16 years old, the court shall make findings of fact explaining such determination and, in its order, provide compelling reasons why it is not or continues to 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, or placed with a fit and willing relative 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." THURSDAY, APRIL 2, 2015 3601 SECTION 18. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by adding a new subsection to read as follows: "(f) The Division of Family and Children Services of the Department of Human Services may enter into contracts for the purchase of or may purchase placements for children in the care or custody of the Division of Family and Children Services of the Department of Human Services without competitive bidding pursuant to the oversight and authority of the director of the Division of Family and Children Services of the Department of Human Services." SECTION 19. 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 138 as amended by the following amendment: Senators Cowsert of the 46th and Miller of the 49th offered the following amendment: Amend the House Judiciary Committee substitute to SB 138 (LC 29 6651S) by deleting lines 721 through 728 and inserting in lieu thereof the following: (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested. It shall be a rebuttable presumption that any such notice has been received if the return receipt has been received by the division. The notice shall further inform such alleged child abuser of such person's right to a hearing to appeal such determination. The notice shall further inform such alleged child abuser of the procedures for obtaining the hearing and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke N Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James C Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone N Tate C Thompson, B Y Thompson, C Y Tippins 3602 JOURNAL OF THE SENATE C Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 138 as amended by the Senate. Senator Williams of the 27th asked unanimous consent that the following bill be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Health and Human Services: SB 242. By Senators Williams of the 27th and Unterman of the 45th: 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 relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 242 was committed to the Senate Committee on Health and Human Services. The following Senators were excused as Conferees: Harper of the 7th Hill of the 4th Senator Hill of the 6th asked unanimous consent that HB 275, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 275, having been taken from the Table, was put upon its passage. HB 275. By Representatives Strickland of the 111th, Ramsey of the 72nd, Harrell of the 106th, Knight of the 130th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection relative THURSDAY, APRIL 2, 2015 3603 to income taxes, so as to revise the definition of the term "claimant agency"; to provide for 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 Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin Harbison C Harper N Heath Henson Y Hill, H C Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James C Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Kirk C Ligon Lucas N Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 41, nays 2. HB 275, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: 4/2/15 Due to business outside the Senate Chamber, I missed the vote on HB 275. Had I been present, I would have voted Yes. /s/ Greg Kirk District 13 3604 JOURNAL OF THE SENATE 4/2/15 I inadvertently voted Nay on HB 275. Please reflect in the Journal that my intent was to vote Yea. /s/ P.K. Martin District 9 The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd 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 foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3605 The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 76. By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Resolution of the House: HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others: A RESOLUTION creating the Joint Georgia-Alabama Study Committee; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 164. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hill of the 6th was excused for business outside the Senate Chamber. Senator James of the 35th asked unanimous consent that HB 89, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 89, having been taken from the Table, was put upon its passage. 3606 JOURNAL OF THE SENATE HB 89. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Reeves of the 34th and Jones of the 53rd: 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 James of the 35th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch N Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James C Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the passage of the bill, the yeas were 44, nays 3. HB 89, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 3607 SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended in Code Section 50-27-70, relating to legislative findings and definitions, by adding a new paragraph to subsection (b) to read as follows: "(10.1) 'Master licensee' means any person that has lawfully applied for and received a master license." SECTION 2. Said article is further amended in Code Section 50-27-71, relating to license fees, issuance of license, display of license, control number, duplicate certificates, application for license or renewal, and penalty for noncompliance, by revising subsections (a) through (f) and (k) through (n) as follows: "(a) Every manufacturer, distributor, and owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers a bona fide coin operated amusement machine for sale to a distributor or to an owner and 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: 3608 JOURNAL OF THE SENATE (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 requires a certificate for lawful operation under this 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 requires a certificate for lawful operation under this 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; (3) For any distributor, the distributor shall pay a distributor license fee of $5,000.00; and (4) For any manufacturer, the manufacturer shall pay a manufacturer license fee of $5,000.00. The cost of the license shall be paid to the corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon such payment, the corporation shall issue a master license certificate to the owner. The master license fee fees levied by this Code section shall be collected by the corporation on an annual basis for the period from July 1 to June 30. The, and the 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 manufacture, distribution, or operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every location owner or 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 corporation, and the board may establish procedures for location license fee collection and set due dates for payment of such fees. on an annual basis from July 1 to June 30. The location license fee shall be paid to the corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon payment, the 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 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 location owner or location operator who THURSDAY, APRIL 2, 2015 3609 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 location owner's or location operator's location license shall be prominently displayed at all locations where the owner and location owner or 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. A manufacturer's license and distributor's license, as well as invoices for the sales of any Class B machines to any person or entity licensed by this chapter, shall be available for inspection at their places of business and upon request from the corporation. (c) Each manufacturer, distributor, and master license and each location license shall list the name and address of the manufacturer, distributor, owner, or location owner, or location operator, as applicable. (d) The corporation may provide a duplicate original master license certificate or location license certificate issued pursuant to this Code section if the original certificate license has been lost, stolen, or destroyed. The fee for a duplicate original certificate license is $100.00. If the original certificate license is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate license was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate license, if applicable, before a duplicate original certificate license can be issued. A certificate license for which a duplicate certificate license 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 3610 JOURNAL OF THE SENATE the licensed or permitted business during the period the license or permit is in effect; (3) Except as provided in paragraph (5) of this subsection, is Is nontransferable, nonassignable by and between owners or location owners and 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; and (5) As it relates to a master licensee, upon the sale of a master licensee's business in its entirety, the buyer shall pay to the corporation a transfer fee for the master license that accompanies the business in the following amounts: (A) For the first sale of a master licensee's business, a transfer fee for the master license in the amount of $10,000.00; (B) For the second sale of such business, a transfer fee for the master license in the amount of $25,000.00; (C) For the third sale of such business, a transfer fee for the master license in the amount of $50,000.00; and (D) For the fourth sale of such business and each sale thereafter, a transfer fee for the master license in an amount to be established by the corporation, which transfer fee shall be not less than $50,000.00. (f) An application for the renewal of a license or permit must be made to the corporation by June 1 of in accordance with the due dates set forth in the rules promulgated by the board each year." "(k) A renewal application filed on or after July 1 the due dates set forth in the rules promulgated by the board, but before the license expires, shall be accompanied by a nonrefundable late fee of $125.00 $1,000.00. A manufacturer, distributor, or master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the manufacturer, distributor, master license, or location license owner shall obtain a new master license or the location owner or 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 manufacture, distribute, or 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 corporation prior to the expiration date of a problem with the renewal. (m) Holders of manufacturer, distributor, and location licenses and temporary location permits shall be subject to the same provisions of this article with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses licensees. (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." THURSDAY, APRIL 2, 2015 3611 SECTION 3. Said article is further amended in Code Section 50-27-72, relating to refund of license, by revising subsection (a) as follows: "(a) No refund is allowed for a manufacturer, distributor, or master license except as follows: (1) The owner licensee makes a written request to the corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner licensee makes a written request prior to the issuance of the master license or registration certificate; (3) The owner licensee 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 corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied." SECTION 4. Said article is further amended by revising Code Section 50-27-73, relating to refusal to issue or renew license, revocation or suspension, and limitation on issuance of licenses, as follows: "50-27-73. (a) The corporation shall not renew a master, location owner, or location operator license for a business person under this article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The corporation shall not issue or renew a license for a business person under this article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain; provided, however, that this subsection shall not apply to manufacturers. (c) The corporation may refuse to issue or renew a manufacturer, distributor, or master license or may revoke or suspend a manufacturer, distributor, or 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, 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) A master licensee or applicant allows the use of its master license certificate or per machine permit stickers by any other business entity or person who that owns or operates bona fide coin operated amusement machines available for commercial use 3612 JOURNAL OF THE SENATE and available to the public for play. If such unauthorized use occurs, the corporation may fine the licensee as follows: (A) One thousand dollars for each improper use of a per machine permit sticker; and (B) Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the 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; (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this 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 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) Effective July 1, 2015, the The corporation shall not may issue any new up to 220 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 through a process of competitive auction to be established by the corporation and such competitive auction shall occur at least once every three years effective July 1, 2015; provided, however, that any person or entity holding a Class B master license on the effective date of this subsection shall not be subject to the competitive auction process provided for in this Code section but shall be subject to all other requirements of this article; provided, however, further, that the corporation shall be permitted to renew Class B master licenses at any time." SECTION 5. Said article is further amended in Code Section 50-27-78, relating to payment and collection of annual permit fee, permit stickers, and treatment of fees, by revising subsection (a) as follows: "(a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay 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 corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon payment, the THURSDAY, APRIL 2, 2015 3613 corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this article shall be collected by the corporation on an annual basis for the period from July 1 to June 30. The 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 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." SECTION 6. Said article is further amended in Code Section 50-27-84, relating to limitation on percent of monthly gross retail receipts derived from machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, by revising subsection (b) as follows: "(b)(1) No location owner or location operator shall derive more than 50 percent of such location owner's or location operator's monthly gross retail receipts for the business location in which the Class B machine or machines are situated from such Class B machines; provided, however, that revenues that are due to a master licensee or the corporation shall not be deemed revenue derived from Class B machines. (2) Except as authorized by a local ordinance, no No location owner or location operator shall offer more than nine Class B 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." SECTION 7. Said article is further amended in Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, by revising paragraph (4) of subsection (a) and paragraph (3) of subsection (b) as follows: "(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. No person with or applying for a manufacturer license shall have an interest in a distributor, master licensee, location owner, or location operator in this state. No person applying for a distributor license shall have an interest in a manufacturer, master licensee, 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. Nothing in this paragraph shall prohibit a manufacturer, distributor, or master licensee from entering into a financing arrangement with the other for the 3614 JOURNAL OF THE SENATE sale of machines, including but not limited to a lien, guaranty, or line of credit." "(3) Any written agreement entered into after April 10, 2013, shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location operator per location. Any agreement entered into before April 10, 2013, shall not be deemed void for failure to allocate revenue pursuant to Code Section 50-27-87.1 or 50-27-102, and notwithstanding any agreements between master licensees and location owners and location operators, both shall act in a manner that complies with this chapter." SECTION 8. Said article is further amended in Code Section 50-27-87.1, relating to unfair methods of competition and unfair and deceptive acts, by revising paragraphs (3) and (4) as follows: "(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 manufacturer, distributor, or 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 A manufacturer, distributor, 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 A manufacturer, distributor, 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, manufacturer, distributor, owner, or master licensee also shall be fined up to $50,000.00 per incident." SECTION 9. Said article is further amended in Code Section 50-27-102, relating to role of the corporation, implementation and certification, and separation of funds and accounting, by adding a new subsection to read as follows: "(d)(1) As a condition of the license issued pursuant to this article, no master licensee or location owner or location operator shall replace or remove a Class A or Class B bona fide coin operated amusement machine from a location until the master licensee and location owner or location operator certify to the corporation that there are no disputes regarding any agreement, distribution of funds, or other claim between the THURSDAY, APRIL 2, 2015 3615 master licensee and location owner or location operator; provided, however, that this certification shall not be required if a master licensee is replacing its own Class A or Class B bona fide coin operated amusement machine at a location. If either the master licensee or location owner or location operator is unable to make the certification required by this Code section, the corporation shall refer the dispute to a hearing officer as set forth in this subsection. (2) All disputes subject to the provisions of this Code section shall be decided by a hearing officer approved or appointed by the corporation. The corporation shall adopt rules and regulations governing the selection of hearing officers after consultation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. Costs of the hearing officer's review, including any hearing set pursuant to this Code Section, shall be shared equally between the parties in the dispute; provided, however, that the corporation shall not be responsible for any of the costs associated with the dispute resolution mechanism set forth in this Code section. (3) The corporation shall also adopt rules governing the procedure, evidentiary matters, and any prehearing discovery applicable to disputes resolved pursuant to this Code section. Such rules shall be consistent with the Georgia Arbitration Code, and the corporation shall consult the Bona Fide Coin Operated Amusement Machine Operator Advisory Board regarding the procedures or rules adopted pursuant to this subsection. Notwithstanding Code Section 9-9-9, such procedures and rules shall include at least the right of notice to produce books, writings, and other documents or tangible things; depositions; and interrogatories. (4) If requested by the master licensee or the location owner or location operator, the hearing officer shall conduct a hearing as to the dispute, but in no case shall the hearing officer conduct a hearing more than 90 days after he or she has been appointed or selected to decide the dispute. No Class B bona fide coin operated amusement machine that is subject to the dispute resolution mechanism required by this Code section shall be removed from the terminal by a master licensee, location owner, or location operator or otherwise prevented by a master licensee, location owner, or location operator from play by the public until a final decision is entered and all appellate rights have been exhausted, or until the master licensee and location owner or location operator agree to a resolution, whichever occurs first. (5) The decision of the hearing officer may be appealed to the chief executive officer or his or her designee. The chief executive officer shall not reverse a finding of fact of the hearing officer if any evidence supports the hearing officer's conclusion. The chief executive officer shall not reverse a conclusion of law of the hearing officer unless it was clearly erroneous, arbitrary, and capricious or exceeded the hearing officer's jurisdiction. The decision of the chief executive officer may be appealed to the Superior Court of Fulton County, which court shall not reverse the chief executive officer's findings of fact unless it is against the weight of the evidence as set forth in Code Section 5-5-21, and the chief executive officer's legal conclusions shall not be set aside unless there is an error of law." 3616 JOURNAL OF THE SENATE SECTION 10. 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 190. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch N Harbin Y Harbison Y Harper N Heath Y Henson E Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James C Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Lucas Y Martin N McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C N Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the motion, the yeas were 39, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 190. Senator Mullis of the 53rd was excused as a Conferee. Senator Parent of the 42nd asked unanimous consent that HB 662, having been placed on the Table on Tuesday, March 31, 2015, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 662, having been taken from the Table, was put upon its passage. HB 662. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), as THURSDAY, APRIL 2, 2015 3617 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. Senate Sponsor: Senator Parent of the 42nd. Senators Butler of the 55th, Ramsey of the 43rd, Millar of the 40th and Jones of the 10th offered the following amendment #1: Amend HB 662 by deleting lines 13 through 44. By deleting "SECTION 1.11D." on line 70 and inserting in lieu thereof "SECTION 1.11C." On the adoption of the amendment, the President asked unanimous consent. Senator Parent of the 42nd objected. On the adoption of the amendment, the yeas were 20, nays 7, and the Butler, 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 Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn C Gooch Y Harbin 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 C Jeffares Y Jones, B N Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin McKoon Y Millar N Miller C Mullis Y Orrock Y Parent Y Ramsey Rhett Y Seay Y Shafer Sims Y Stone Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 3618 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 40, nays 4. HB 662, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 374. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 3619 HB 524. By Representative Fleming of the 121st: A BILL to be entitled an Act to amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to establish a trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. At 6:45 p.m. the President announced that the Senate would stand in recess until 7:30 p.m. At 7:30 p.m. the President called the Senate to order. The following Senators were excused as Conferees: Butler of the 55th Ligon, Jr. of the 3rd Senator Unterman of the 45th was excused for business outside the Senate Chamber. The following resolution was taken up to consider House action thereto: SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th: A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located 3620 JOURNAL OF THE SENATE in Cherokee County; authorizing the conveyance of certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Douglas County; authorizing the conveyance and leasing of certain state owned real properties located in Fulton County; authorizing the ground lease of certain state owned real property located in Gordon County; authorizing the conveyance of certain state owned real property located in Hall County; authorizing the conveyance of certain state owned real property located in Lamar County; authorizing the leasing of certain state owned real property located in Meriwether County; authorizing the leasing of certain state owned real property located in Monroe County; authorizing the conveyance of a real property interest in Paulding County; authorizing the conveyance of certain state owned real property located in Sumter 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 Thomas County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; and (2) Said real property is all that parcel or tract being approximately 49.77 acres of state property lying and being in Land Lots 331 and 342, 2nd Land District, Appling County, Georgia, acquired by virtue of General Warranty Deed between Appling County, Georgia, as the grantor, and the State of Georgia as the grantee, dated January 29, 1997, for consideration of $10.00 as recorded in Deed Book 299, Pages 460-474 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 inventoried as Real Property Record (RPR) # 08975, and accompanying plat recorded in Plat Book 14, Page 14 in the Office of the Clerk of the Superior Court of Appling County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia as the former site of Altamaha Technical College; and (4) By letter of January 23, 2014, the chairman of the Development Authority of Appling County requested that 0.44 acres of the property be conveyed to the Authority when surplus to the State's use, for the widening of U. S. Highway 341; and (5) By resolution dated February 6, 2014, the Technical College System of Georgia declared the 0.44 acres of real property surplus to its current and future needs, and resolved to surplus the above described property so that Appling County could improve U.S. Highway 341; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; and THURSDAY, APRIL 2, 2015 3621 (2) Said real property is all that parcel being approximately 12.20 acres lying and being in Land Lots 220, 221, 222, 223, 240, 241, 242, 243, 245, 246, 247, and 264, 5th Land District of originally Wilkinson County, and now the 1714th Militia District, Baldwin County, Georgia, as described in that September 21, 1954 Warranty Deed from B.T. Bethune and C.A. Hamilton, as grantor, and the State of Georgia, as the grantee, for consideration of $10.00 as recorded in Deed Book 46, Pages 370-371 in the Office of the Clerk of Superior Court of Baldwin County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 00035, as modified by that Executive Order dated February 15, 1952 transferring 619.5 acres from the State Department of Public Welfare to the Georgia Forestry Commission and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 004380, and that Executive Order dated November 19, 1970, transferring the custody of approximately 12.11 acres lying and being in Land Lots 253 and 264 of the 1st Land District, 321st G.M.D. Baldwin County, Georgia, out of the 619.5 acres from the Georgia Forestry Commission to the Georgia Department of Public Safety and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 004622; and (3) Said property is under the custody of the Georgia Department of Public Safety; and (4) By official action, the Georgia Department of Public Safety declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cherokee County, Georgia; and (2) Said property is all that parcel or tract being approximately 1,956.48 acres of state property lying and being in Land Lots 160, 161, 199, 200, 233, 234, 271, and 276 of the 3rd and 4th Land District, 2nd Section, Cherokee County, Georgia acquired by virtue of Limited Warranty Deed between Georgia Power Company as the grantor and the State of Georgia as the grantee, dated February 5, 2010, for consideration of $10.00 as recorded in Deed Book 10924, Page 185 in the Office of the Clerk of Superior Court of Cherokee County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 010756, and accompanying Plat recorded in Plat Book 185, Page 191 in the Office of the Clerk of Superior Court of Cherokee County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Natural Resources; and (4) By letter of February 15, 2013, the Georgia Department of Transportation requested that approximately 8.9 acres of the property be conveyed in fee simple and a nonexclusive easement of approximately 0.09 of an acre be conveyed to the Georgia Department of Transportation for bridge replacement and realignment of SR 372 at 3622 JOURNAL OF THE SENATE Etowah River GDOT Project: P.I. No.: 642400; and (5) By resolution dated January 31, 2014, the Department of Natural Resources declared the 8.9 acres of real property surplus to its current and future needs, and resolved to surplus the above described property and support the granting of an easement of 0.09 acres so that the Department of Transportation could improve SR 372; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clinch County, Georgia; and (2) Said real property is all that parcel or tract being approximately 16.14 acres lying and being in Land Lot 497 of the 7th Land District, Clinch County, Georgia, acquired by virtue of a Fee Simple Deed Without Warranty between the City of Homerville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated February 1, 1999, for consideration of $1.00 as recorded in Deed Book 3Y, Page 83 in the Office of the Clerk of Superior Court of Clinch County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 07904, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Clinch County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Corrections; and (4) By resolution dated November 5, 2009, the Georgia Board of Corrections declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Douglas County, Georgia; and (2) Said property is all that parcel or tract being approximately 0.81 of an acre lying and being in Land Lot 48 of the 1st District, Douglas County, Georgia, acquired by virtue of General Warranty Deed between First Baptist Church of Douglasville, Inc., as the grantor and the State of Georgia as the grantee, dated August 11, 1993, for consideration of $646,000.00, as recorded in Deed Book 828, Page 596 in the Office of the Clerk of Superior Court of Douglas County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 008470, and accompanying plat recorded in the Office of the Clerk of the Superior Court of Douglas County, Georgia and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By resolution dated November 5, 1998, the Technical College System of Georgia declared the 0.81 of an acre of real property surplus to its current and future needs and resolved to surplus the above described property to Douglas County, Georgia, in order for the county to realign Timber Ridge Road; and THURSDAY, APRIL 2, 2015 3623 WHEREAS: (1) The State of Georgia intends to purchase from the Georgia United Credit Union a certain parcel of improved real property located at 400 Whitehall Street S.W., Atlanta, in Fulton County, Georgia; and (2) Said property will be the future site of the Department of Driver Services Center; and (3) Upon the state's purchase of the property, said property will be in the custody of the Department of Driver Services and will be used as the site for the Department of Driver Services Center; and (4) Subsequent to the state's purchase of the property, the Georgia United Credit Union is desirous of leasing approximately 3,000 square feet, including 20 parking spaces, for use as a financial office and ATM location for a term of five years with two five-year options at an annual rental amount of $42,000.00, or $14 per square foot, said rental amount being subject to an escalation of 2.5% annually; and (5) The Department of Driver Services has no objection to the leasing of the above described property; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property known as the Geo. L. Smith II Georgia World Congress Center, located in Fulton County, Georgia; and (2) Said property is all that tract consisting of three parcels of land (lease area) lying and being in Land Lots 78, 82, 83, and 84 of the 14th Land District of Fulton County containing approximately 13 acres; which descriptions and records of said parcels are 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; and (3) The above described real property comprises a portion of the Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority (the authority) through that certain management agreement dated April 8, 1974, as subsequently amended; and (4) The Department of Economic Development, by and through the authority, desires the state to ground lease to the authority the lease area for a term of forty years with two renewal options of five years each, provided that specified stipulations and terms and conditions may be imposed as the State Properties Commission may determine to be in the best interest of the State of Georgia; and (5) The Department of Economic Development, by and through the authority, also requests the granting of nonexclusive permanent utility, access, and service easements on or through the lease area or such appurtenant easements for the term of the ground lease, which said easements may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and 3624 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner in fee simple of a certain parcel of real property located in Fulton County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Land Lot 77, 14th Land District, containing approximately 1.0 acre of ground and air rights known as 7 Wall Street or Plaza Park and being a portion of the state owned Western and Atlantic Railroad, and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is under the custody of the State Properties Commission; and (4) By official action the Executive Director of the State Properties Commission declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; and (2) Said real property is all that parcel composed of two tracts totaling approximately 1.7853 acres lying and being in Land Lot 106 of the 14th Land District, Fulton County, Georgia, acquired by virtue of Quitclaim Deed between the Georgia Building Authority, as the grantor, and the State of Georgia, as the grantee, dated March 28, 1997, for consideration of $1.00 as recorded in Deed Book 22664, Pages 001-006 in the Office of the Clerk of Superior Court of Fulton County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 009046, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is commonly known as the Gateway Probation Office and Day Report Center and is under the custody of the Georgia Department of Corrections; and (4) By official action, the Georgia Board of Corrections declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia; and (2) Said property is all that parcel or tract being approximately 204 acres lying and being in Land Lots 124 and 125, 14th District, 3rd Section, Gordon County, Georgia, acquired by virtue of Warranty Deed between New Echota-Cherokee Foundation, Inc., as the grantor and the State of Georgia as the grantee, dated November 9, 1956, as recorded in Deed Book 38, Page 103 in the Office of the Clerk of Superior Court of Gordon County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 00698; and (3) The Calhoun Elks Home, Inc. previously leased an approximately 20.1 acre area of the above described property beginning on May 6, 1969, for a 20 year period and THURSDAY, APRIL 2, 2015 3625 leased the same area for another 20 year period from May 6, 1989; and (4) It was recognized by the General Assembly in 2009, Act 96 (S.R. 294) that State Route 225 on the southern boundary of the Calhoun Elks Home Inc.'s lease area is a dangerous road leading to an unsafe bridge at Highway 225 and the Coosawattee River in Gordon County, and the General Assembly authorized an easement to Georgia Department of Transportation for the Project PI 631570 for the realignment and repair of the unsafe bridge and a lease to the Calhoun Elks Home, Inc., of up to 14.6 acres for a period of ten years; and (5) It has since been determined the area of the above described real property to be leased to the Calhoun Elks Home, Inc., will be approximately 14.6 acres, and the consideration for the remainder of the ten year lease term is requested to be $650.00 annually; and (6) The Calhoun Elks Home, Inc., is desirous of leasing the above described lease area in order to continue operation of a golf course; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Oakwood Militia District, Land Lot 45, 8th Land District, Hall County, Georgia, containing a total of approximately 10.73 acres as conveyed by Warranty Deed from the Georgia Poultry Improvement Association, Inc., to Phil Campbell, Commissioner of Agriculture, on August 28, 1961 and recorded by the Clerk of Superior Court of Hall County, Georgia, in Deed Book 237 Pages 471-480, and shown on a plat of survey dated April 14, 1960 prepared by Newton-Newton & Associates, and recorded by the Clerk of Superior Court of Hall County, Georgia, in Plat Book 24 Page 123, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01705; those Quitclaim Deeds of September 1961 for the same property between Mrs. U. S. Odell, Sr. et al, Mrs. Loyd B. Odell and Doyle T. Odell, as grantors, and Phil Campbell, Commissioner of Agriculture, as grantee and recorded in Deed Book 238 Pages 613-14 and Deed Book 239 Pages 673-674, respectively, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01750.3 and # 01750.2, respectively; and a Fee Simple Guardian's Deed for the same 10.73 acres dated October 21, 1961 conveying for $45 consideration from Ronald Lee Odell and Lana Louise Odell, minors, acting through their legally appointed and qualified guardian, Mrs. Loyd B. Odell, as grantors, their contingent conditional reversionary interest and title to Phil Campbell, Commissioner of Agriculture, as grantee, and recorded in Deed Book 239, pages 675-678 in the Office of the Clerk of Superior Court of Hall County, Georgia, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 017050.4; and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and 3626 JOURNAL OF THE SENATE (3) Said property is the former site of the Oakwood Poultry Laboratory and is under the custody of the Georgia Department of Agriculture; and (4) By letter dated January 26, 2015, the Commissioner of Agriculture declared the property surplus to the department's needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lamar County, Georgia; and (2) Said real property is all that parcel or tract being approximately 25.971 acres lying and being in Land Lots 120 and 121 of the 7th Land District, Lamar County, Georgia, acquired by virtue of Fee Simple Deed Without Warranty between the Lamar County Board of Commissioners, as the grantor, and the State of Georgia, as the grantee, dated June 29, 1994, for consideration of $260,000.00 as recorded in Deed Book 169, Page 183 in the Office of the Clerk of Superior Court of Lamar County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 08691, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Lamar County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Defense; and (4) By official action, the Georgia Department of Defense declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; and (2) Said real property is approximately 912.295 acres and inventoried as the WARM SPRINGS INSTITUTE FOR REHABILITATION in the Real Property Record (RPR) as BLLIP PROPERTY ID # 72810 as of January 16, 2015; and (3) A portion of said property is a parcel described on a drawing entitled ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION - GOLF COURSE and consists of approximately 102.48 acres of land lying and being in Meriwether County, said acreage being revised from 55 acres as was previously approved under Act 595 of the 2014 Session of the Georgia General Assembly (SR 788), and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor to be presented to the State Properties Commission for approval; and (4) Said property is in the custody of the Georgia Vocational Rehabilitation Agency; and (5) The Georgia Vocational Rehabilitation Services Board, by official action dated March 12, 2014, approved the granting of a ground lease and an access easement on the golf course for ten years to The Warrior Alliance, a 501(c)(3) corporation under the umbrella of the Georgia-based 501(c)(3) non-profit Healthcare Institute for National Renewal and Innovation (HINRI), which would operate the golf course as a THURSDAY, APRIL 2, 2015 3627 vocational rehabilitation training program; and (6) The consideration for the ground lease would be $10.00 per year of the term and the provision of such training and support services such as golf course construction, engineering, agronomy, golf course maintenance and operation, landscape architecture, horticulture and hospitality management, and such related public purposes and career conversions while restoring, maintaining, and operating the Golf Course; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Monroe County, Georgia; and (2) Said real property is all that parcel or tract being approximately 42.085 acres of state property lying and being in Land Lots 182 and 183, 6th Land District, Monroe County, Georgia, acquired by virtue of Quitclaim Deed between the Georgia Building Authority as the grantor and the State of Georgia as the grantee, dated July 5, 2007, for consideration of $1.00 as recorded in Deed Book 1232, Pages 151-156 in the Office of the Clerk of Superior Court of Monroe County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 10322, and accompanying plat recorded in Plat Book 25, Page 220 in the Office of the Clerk of the Superior Court of Monroe County, Georgia; and (3) Said property is in the custody of the Department of Corrections and is located at the Tift College campus headquarters in Forsyth, Monroe County, Georgia. (4) The State of Georgia has leased the 16 square feet of the improved property to Georgia United Credit Union since July 14, 2011, for a consideration of $600.00 annually; and (5) Georgia United Credit Union is desirous of leasing the above described property for a term of ten years for a consideration of $600.00 per year; and (6) The Department of Corrections has no objection to the leasing of the above described property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Paulding County, Georgia; and (2) Said real property is all that parcel or tract being approximately 2,848 acres of state property lying and being in the 18th Land District, 3rd Section, consisting of Land Lots 246-249, 256-259, 317-323, 325-331, 333-334, 387-405, 459, 461-467, 469-479, 535-544, 609-612, and 615, and in the 3rd Land District, 3rd Section, consisting of Land Lots 433-435, 500-504, and 507, said real property acquired by virtue of an Executor's Deed from the Estate I. M. Sheffield, Jr., dated March 21, 1991, for consideration of $1,951,056.00, as recorded in Deed Book 224, Pages 73-80 and Plat Book 21, Pages 23-25 in the Office of the Clerk of Superior Court of Paulding County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 08106; and 3628 JOURNAL OF THE SENATE (3) Said real property is under the custody of the Georgia Department of Natural Resources as the Sheffield Wildlife Management Area; and (4) An appurtenant ingress-egress easement of approximately 0.7 of an acre for pedestrian, vehicular, and utilities use from four members of the Lee family was included in the transaction of the Deed, said easement being in Land Lots 613-614 and 684-685 of the 18th District, 3rd Section and in Land Lots 720-721 of the 3rd District, 3rd Section and recorded in Deed Book 224, Pages 81-87, and in Plat Book 21, Page 26, and inventoried in the State Properties Commission as Real Property Record (RPR) #08107; and (5) The Department never used the above described easement and instead used an existing private road, called Lee Road, which crossed Lee family property; and (6) Lee Road needs a culvert repaired, and The Nature Conservancy has a grant to replace the culvert with a bridge which requires that Lee Road be made a public road; and (7) Paulding County intends to dedicate Lee Road as a county road; and (8) On December 2, 2014, the Board of Natural Resources requested that the 0.7 acres easement to the state be conveyed to the Lee family in exchange for the Lee family's conveyance of approximately one acre to Paulding County for dedication of Lee Road as a public road such that the Department of Natural Resources may have permanent improved access to the Sheffield Wildlife Management Area; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Sumter County, Georgia; and (2) Said real property is all that parcel or tract totaling approximately 11.561 acres of state property lying and being in Land Lots 117, 124, and 147, of the 27th Land District, Sumter County, Georgia, acquired by virtue of four General Warranty Deeds, between: 1. Sheffield Hardware Company, as the grantor, and the State of Georgia, as the grantee, dated March 12, 1953, for 1.5 acres for consideration of $10.00 as recorded in Deed Book 46, Page 56 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 03567, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 2. Sheffield Hardware Company, as the grantor, and the State of Georgia, as the grantee, dated January 22, 1949, for 1.3 acres for consideration of $1.00 as recorded in Deed Book 39, Page 6 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 001211, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 3. R.L. Cantey, as the grantor, and the State of Georgia, as the grantee, dated January 27, 1954, for 5 acres for consideration of $10.00 as THURSDAY, APRIL 2, 2015 3629 recorded in Deed Book 47, Page 128 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.01, said acreage being modified to 4.662 acres by that Deed of Correction dated July 8, 1954 and filed in Deed Book 47, Page 225 and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.02 and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 4. R.L. Cantey, as the grantor, and the State of Georgia as the grantee, dated July 8, 1954, for 4.099 acres for consideration of $10.00 as recorded in Deed Book 48, Page 292 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.03, and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; and; (3) Said property is under the custody of the Georgia Department of Defense as the former site of the Sumter Armory and Annex; and (4) By official action dated February 18, 2015, the Georgia Department of Defense declared the property surplus to its current and future needs, and resolved to surplus the above described property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 1.5 acres lying and being in 1432nd G.M. District, Tattnall County, Georgia, commonly known as the Tattnall Institute Building and the Allied Health Building at Southeastern Technical College-Glennville Campus, acquired by virtue of General Warranty Deed between the City of Glennville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated June 14, 2001, for consideration of $10.00 as recorded in Deed Book 432, Pages 451-453 in the Office of the Clerk of Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09498, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By official action dated October 30, 2014, the Technical College System of Georgia declared the improved property surplus to its needs; and (5) The City of Glennville seeks to acquire the improved property for fair market value; and 3630 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said unimproved real property is all that parcel or tract being approximately 3.5 acres lying and being in 1432nd G.M. District, Tattnall County, Georgia, consisting of both a parking lot and a vacant lot and being part of the Southeastern Technical College-Glennville Campus, acquired by virtue of General Warranty Deed between the City of Glennville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated June 14, 2001, for consideration of $10.00 as recorded in Deed Book 432, Pages 451-453 in the Office of the Clerk of Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09498, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By official action dated October 30, 2014, the Technical College System of Georgia declared the unimproved property surplus to its needs; and (5) The City of Glennville seeks to acquire the unimproved property for consideration of $10.00 and a covenant of perpetual public use; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Thomas County, Georgia; and (2) Said improved property consists of: approximately 214.413 acres of improved State property lying and being in Land Lots 5, 6, 41, and 42, 13th Land District, Thomas County, Georgia as described in that June 14, 1966 Quitclaim Deed from the United States of America recorded in Deed Book 27, Pages 625-645 in the Office of the Clerk of Superior Court of Thomas County, Georgia and on file in the offices of the State Properties Commission as Real Property Record # 03432; and approximately 18.401 acres of improved State property lying and being in Land Lots 41, and 42, 13th Land District, Thomas County, Georgia as described in that August 8, 1973 Quitclaim Deed from the United States of America recorded in Deed Book 75, Pages 625-611 in the Office of the Clerk of Superior Court of Thomas County, Georgia and on file in the offices of the State Properties Commission as Real Property Record # 04927; less and except approximately 1.92 acres transferred by Executive Order on June 3, 1991 under the custody of the Georgia Bureau of Investigation and on file in the offices of the State Properties Commission as Real Property Record # 08123; less and except approximately 8 acres in Land Lot 5 of the 13th Land District under the custody of Department of Juvenile Justice and described in a survey dated August 4, 1983 by Georgia Registered Land Surveyor Jesse Collins, Jr. of Tribble and Richardson, Inc. on file in the offices of the State Properties Commission; and said property may be more particularly described on a plat of survey prepared by a THURSDAY, APRIL 2, 2015 3631 Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities; and (4) By official action dated February 5, 2014, the Georgia Department of Behavioral Health and Developmental Disabilities declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Troup County, Georgia; and (2) Said real property is all that parcel or tract being approximately 81.806 acres of state property lying and being in Land Lots 178 and 179, 6th Land District, Troup County, Georgia, acquired by virtue of Limited Warranty Deed between Southeast Office Partners, 32, LLC, as the grantor and the State of Georgia as the grantee, dated December 16, 2005, for consideration of $4,200,000.00, as recorded in Deed Book 1303, Pages 93-95 in the Office of the Clerk of Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 10173, and accompanying plat recorded in Plat Book 71, Page 128 in the Office of the Clerk of the Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said improved property is in the custody of the Technical College System of Georgia on a portion of the West Georgia Technical College's LaGrange campus; and (4) The Troup County School System is desirous of leasing a 50,377 square foot portion of Building G (formerly known as the Raytheon Building) located on the above described property for use by thINC College and Career Academy as a career academy, for a five year term with one renewal option of five years at an annual rental amount of $10.00; and (5) The Technical College System of Georgia has no objection to the leasing of the above described property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Upson County, Georgia; and (2) Said real property is comprised of three adjacent tracts consisting of approximately 1.13 acres of state property located at 2394 Yatesville Highway in Thomaston, acquired from the Upson County Board of Commissioners for the Georgia Forestry Commission's Upson County Unit lying and being in Land Lot 112 of the 10th District of Upson County and more particularly described as: Tract B of 0.579 acres in a fee simple deed dated January 16, 1960, and recorded in Deed Book 170 Page 14 and inventoried as Real Property Record (RPR) #01368 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 2, Page 37 in the Office of the Clerk of Superior Court of Upson County; and Tracts A 3632 JOURNAL OF THE SENATE and C totaling 0.551 acres in a fee simple deed dated December 9, 2002, and recorded in Deed Book 836, Pages 55-56 and inventoried as Real Property Record (RPR) #10757 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 26, Page 170 in the Office of the Clerk of Superior Court of Upson County; and which 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; and (3) The above described property is in the custody of the Georgia Forestry Commission; and (4) The Georgia Forestry Commission has determined by resolution dated May 23, 2012, that the property is surplus to its needs and is available for conveyance to the county; and (5) The Georgia Forestry Commission, in a letter dated November 7, 2014, requested that said property be conveyed to the county for $10.00, as part of a property exchange and acknowledged the previous conveyance to the State of Georgia of a 5 acre tract from the county in 2010, on which a new Georgia Forestry Commission Upson Unit was constructed. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above described real property in Appling County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That 0.44 acres of the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Appling County or to a local government entity for a consideration of $10.00 so long as the property is used for public purpose and for 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 shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. THURSDAY, APRIL 2, 2015 3633 SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That custody of the above described property shall remain in the Technical College System of Georgia 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, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 9. 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 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above described property shall remain in the Department of Public Safety until the property is conveyed. 3634 JOURNAL OF THE SENATE ARTICLE III SECTION 13. That the State of Georgia is the owner of the above described real property in Cherokee County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 14. That 8.9 acres of 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 Department of Transportation for a consideration of $58,324.00 to the Department of Natural Resources as a cost to cure the construction of a deceleration lane to enter the boat ramp and for 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 15. 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 16. That the State of Georgia, acting by and through its State Properties Commission may grant to the Georgia Department of Transportation, or its successors or assigns, a nonexclusive permanent easement of 0.09 acres on or through the above described property for realignment of S.R. 372 and bridge replacement. Said easement area shall be particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 17. That the Georgia Department of Transportation, or its successors or assigns, shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper realignment of S.R. 372 and bridge replacement. SECTION 18. That after the easement is granted, a subsequent abandonment of the use of the easement 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 grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, APRIL 2, 2015 3635 SECTION 19. That no title shall be conveyed to the grantee and, except as herein specifically granted in the easement, 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 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 an easement area, the easement area should be relocated to an alternate site within state property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced, a schedule and written estimate for the cost of such removal and relocation. Upon written request from 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 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 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area. SECTION 23. That the consideration for the easement shall not be less than $10.00 and shall be set by the State Properties Commission, and may include such further consideration and 3636 JOURNAL OF THE SENATE provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 24. That the grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, Georgia, 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 easements 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. SECTION 27. That custody of the above described property shall remain in the Department of Natural Resources until the property is conveyed. ARTICLE IV SECTION 28. That the State of Georgia is the owner of the above described real property in Clinch County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 29. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; or to a local government or State entity for a consideration of $10.00 and payment of any applicable outstanding general obligation bonds and interest so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.. SECTION 30. 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. THURSDAY, APRIL 2, 2015 3637 SECTION 31. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 32. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clinch County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 33. That custody of the above described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE V SECTION 34. That the State of Georgia is the owner of the above described real property located in Douglas 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 35. That 0.81 of an acre portion of the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Douglas County, Georgia, or to a local government entity for a consideration of $10.00 so long as the property is used for public purpose 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 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 37. That the authorization in this resolution to convey 0.81 of an acre of 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 38. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 39. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed. 3638 JOURNAL OF THE SENATE ARTICLE VI SECTION 40. That the State of Georgia intends to be the owner of the above described improved real property located in Fulton County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, is authorized, upon the acquisition of the property, to lease approximately 3,000 square feet to Georgia United Credit Union for use as a financial office and ATM location for a term of five years with two five-year options at an annual rental amount of $42,000, or $14.00 per square foot, said rental amount being subject to an escalation of 2.5% annually, and may include such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 43. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective. ARTICLE VII SECTION 44. That the State of Georgia is the owner of the above described parcels of real property identified as the lease area and that in all matters relating to the ground lease of said real property and the granting of easements related thereto, the State of Georgia is acting by and through its State Properties Commission. SECTION 45. That the State of Georgia, acting by and through the State Properties Commission, is authorized to ground lease to the authority the lease area for a term of forty years, with two renewal options of five years each, for the consideration of $10.00 and such further consideration, terms, and conditions as determined by the State Properties Commission in its discretion to be in the best interest of the State of Georgia. SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease. THURSDAY, APRIL 2, 2015 3639 SECTION 47. That the ground lease shall be recorded by the lessee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 48. That the authorization to ground lease the above described property to the authority shall expire three years after the date that this resolution becomes effective. SECTION 49. That the State of Georgia, acting by and through its State Properties Commission, may grant to various utility companies or entities nonexclusive permanent easements or appurtenant easements on or through the lease area for access or utilities or related uses related to construction, operation, and maintenance thereof. Said easement areas shall be particularly described by respective plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 50. That the various grantees, their successors or assigns, shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as and when approved by the authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said access, utilities, or related uses. SECTION 51. That after the easements are granted, a subsequent abandonment of the use of each shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, each grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 52. That no title shall be conveyed to any grantee and, except as herein specifically granted in each easement, 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 utilities or the authority. SECTION 53. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of an easement area, the easement area should be relocated to an alternate site within state property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its 3640 JOURNAL OF THE SENATE discretion determine to be in the best interest of the State of Georgia. The grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced, a schedule and written estimate for the cost of such removal and relocation. Upon written request from a grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 54. That each easement granted shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 55. 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area. SECTION 56. That the consideration for each easement shall not be less than $10.00 and shall be set by the State Properties Commission, and may include such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 57. That the grant of the easement shall be recorded by the grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 58. That the authorization in this resolution to grant the above described easements shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, APRIL 2, 2015 3641 SECTION 59. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of these easement areas. ARTICLE VIII SECTION 60. That the State of Georgia is the owner of the above described real property in Fulton County, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 61. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 62. 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 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 64. That the grantee shall promptly initiate recordation of the deed of conveyance in the Superior Court of Fulton County and promptly forward a recorded copy to the State Properties Commission. SECTION 65. That custody of the above described property shall remain in the State Properties Commission until the property is conveyed. ARTICLE IX SECTION 66. That the State of Georgia is the owner of the above described real property in Fulton County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. 3642 JOURNAL OF THE SENATE SECTION 67. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; provided that the purchase of the property shall not diminish the state's or its lessee's access to the rail or right of way area operated as the Western and Atlantic Railroad. SECTION 68. 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 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 70. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71. That custody of the above described property shall remain in the Department of Corrections until the property is conveyed. ARTICLE X SECTION 72. That the State of Georgia is the owner of the above described real property in Gordon County and that in all matters relating to the lease of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 73. That approximately 14.6 acres of the above described property may be leased by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Calhoun Elks Home, Inc. for a consideration of $650.00 per year for the remainder of the ten year lease term and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. THURSDAY, APRIL 2, 2015 3643 SECTION 74. That the lease shall be recorded by the grantee in the Superior Court of Gordon County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 75. That the authorization in this resolution to lease approximately 14.6 acres of 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 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. ARTICLE XI SECTION 77. That the State of Georgia is the owner of the above described real property in Hall County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 78. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 79. 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 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 81. That the grantee shall promptly record the deed of conveyance in the Superior Court of Hall County, Georgia, and promptly forward a recorded copy to the State Properties Commission. SECTION 82. That custody of the above described property shall remain in the Georgia Department of Agriculture until the property is conveyed. 3644 JOURNAL OF THE SENATE ARTICLE XII SECTION 83. That the State of Georgia is the owner of the above described real property in Lamar County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 84. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 85. 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 86. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 87. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lamar County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 88. That custody of the above described property shall remain in the Department of Defense until the property is conveyed. ARTICLE XIII SECTION 89. That the State of Georgia is the owner of the above described real property in Meriwether County and that in all matters relating to the ground lease of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 90. That the above described 102.48 acres may be ground leased for ten years and a nonexclusive easement granted for ingress and egress across state owned land and access THURSDAY, APRIL 2, 2015 3645 to the ground leased property by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to The Warrior Alliance for a consideration of $10.00 per year of the term and the provision of such training and support services and restoration, maintenance, and operation of the golf course, and for 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 91. That the authorization in this resolution to ground lease the above described property and grant of a nonexclusive easement shall expire three years after the date this resolution is enacted into law and approved by the States Properties Commission. SECTION 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 93. That the ground lease shall be recorded by the grantee in the Superior Court of Meriwether County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 94. That custody of the above described property shall remain in the Georgia Vocational Rehabilitation Agency. ARTICLE XIV SECTION 95. That the State of Georgia is the owner of the above described improved real property located in Monroe County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 96. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease approximately 16 square feet of the improved property to Georgia United Credit Union for a term of ten years at an annual rental amount of $600.00, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 97. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. 3646 JOURNAL OF THE SENATE SECTION 98. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective. ARTICLE XV SECTION 99. That the State of Georgia is the owner of the above described real property interest in Paulding County and that in all matters relating to the conveyance of the easement, the State of Georgia is acting by and through its State Properties Commission. SECTION 100. That interest in the above described easement may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Lee family for a consideration of $10.00 and the conveyance by the Lee family of approximately one acre to Paulding County to provide permanent improved access by the Department of Natural Resources to the Sheffield Wildlife Management Area and any additional provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 101. That the authorization in this resolution to convey the above described property interest shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 103. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County, Georgia, and a recorded copy of said deed and the deed to Paulding County from the Lee family shall be forwarded to the State Properties Commission. SECTION 104. That custody of the above described property shall remain in the Georgia Department of Natural Resources until the property is conveyed. ARTICLE XVI SECTION 105. That the State of Georgia is the owner of the above described real property in Sumter 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, APRIL 2, 2015 3647 SECTION 106. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; 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 purposes; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 107. That the authorization in this resolution to 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 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 109. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Sumter County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 110. That custody of the above described property shall remain in the Georgia Department of Defense until the property is conveyed. ARTICLE XVII SECTION 111. That the State of Georgia is the owner of the above described improved real property in Tattnall County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 112. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 3648 JOURNAL OF THE SENATE SECTION 113. 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 114. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 116. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XVIII SECTION 117. That the State of Georgia is the owner of the above described unimproved real property in Tattnall County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 118. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 119. 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 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. THURSDAY, APRIL 2, 2015 3649 SECTION 121. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 122. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed. ARTICLE XIX SECTION 123. That the State of Georgia is the owner of the above described Property in Thomas County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 124. That the above described Property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government entity or State entity for fair market value or to a local government entity or State entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 125. That the authorization in this resolution to convey the above described property interest shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 126. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 127. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Thomas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 128. 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. 3650 JOURNAL OF THE SENATE ARTICLE XX SECTION 129. That the State of Georgia is the owner of the above described real property located in Troup County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 130. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above described 50,377 square feet of improved property to the Troup County School System for a term of five years with one renewal option of five years with an annual rental amount of $10.00, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 132. That the lease shall be recorded by Troup County School System in the Superior Court of Troup County, Georgia, and a recorded copy of said lease shall be forwarded to the State Properties Commission. SECTION 133. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective. ARTICLE XXI SECTION 134. That the State of Georgia is the owner of the above described real property in Upson 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 135. 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 Upson County for a consideration of $10.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. THURSDAY, APRIL 2, 2015 3651 SECTION 136. 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 137. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 138. That the deed of conveyance shall be recorded by the county as grantee in the Superior Court of Upson County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 139. That custody of the above described property interest shall remain in the Georgia Forestry Commission until the property is conveyed. ARTICLE XXII SECTION 140. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 141. That all laws and parts of laws in conflict with this resolution are repealed. Senator Jeffares of the 17th moved that the Senate agree to the House substitute to SR 266. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke C Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Thompson, C Y Tippins 3652 JOURNAL OF THE SENATE Y Gooch Y Harbin Harbison Y Harper Y Heath Y Henson Y Hill, H C Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 266. The following resolution was taken up to consider House action thereto: SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th: A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; 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 nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; 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 the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; and WHEREAS, Atlanta Gas Light Company; the Board of Regents of the University System of Georgia; the City of Dublin; the City of Valdosta; Coastal Electric Cooperative; the THURSDAY, APRIL 2, 2015 3653 Corley family; CorrectHealth; the Georgia Department of Transportation; Georgia Power Company; Flint Electric Membership Corporation; Fulton County; Okefenokee Rural Electric Membership Corporation; Walton Electric Membership Corporation; and various utility companies desire to operate and maintain facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these nonexclusive easements, facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through the above described state property have been requested or approved by the Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Department of Defense, Department of Natural Resources, Technical College System of Georgia, and State Properties Commission. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities and the Department of Corrections, which on May 2, 2013, declared Bostick State Prison surplus to its needs. On June 27, 2013, the State Properties Commission approved the 2013 Resolution Act 313 (H.R. 205) authorizing conveyance of the property and sale by competitive bid. The bid was opened on August 6, 2013, and the State Properties Commission approved the bid from CorrectHealth GDC, LLC, on October 10, 2013. The Department of Behavioral Health and Developmental Disabilities and the Department of Corrections do 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 CorrectHealth GDC, LLC, or its successors and assigns, a nonexclusive easement area for ingress and egress. Said easement area is located on the former Central State Hospital campus, located in Baldwin County, and is more particularly described as follows: That approximately 3.68 acres, lying and being in the Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that portion only as shown on a plat of survey, 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. 3654 JOURNAL OF THE SENATE SECTION 3. That the above described premises shall be used solely for the purposes of ingress and egress over the easement area. SECTION 4. That CorrectHealth GDC, LLC, shall, with the permission of the Department of Behavioral Health and Developmental Disabilities, 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 easement area. SECTION 5. That, after CorrectHealth GDC, LLC, has put into use the easement area 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, CorrectHealth GDC, LLC, or its successors and assigns, shall have the option of removing any facilities from the easement area or leaving the same in place, in which event the easement area and any facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to CorrectHealth GDC, LLC, and, except as herein specifically granted to CorrectHealth GDC, LLC, 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 CorrectHealth GDC, LLC. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and CorrectHealth GDC, LLC, 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 the 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 the 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, APRIL 2, 2015 3655 SECTION 8. That the easement granted to CorrectHealth GDC, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 10. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 12. That the authorization in this resolution to grant the above described easement to CorrectHealth GDC, LLC, shall expire three years after the date that 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 in fee simple of certain real property having approximately 4,153 acres, commonly known as Central State Campus in Baldwin County, Georgia, as described on that March 16, 2011, drawing entitled "Central State Campus," and that the property is in the custody of the Department of Behavioral Health 3656 JOURNAL OF THE SENATE and Developmental Disabilities, which operates an electrical power grid that currently serves various properties at Central State Campus in custody of the Department of Behavioral Health and Developmental Disabilities, the Department of Corrections, the Georgia Forestry Commission, the Department of Veterans Services, and the Department of Driver Services, and which by official action does not object to the granting of an 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 for the operation and maintenance of the electrical power grid, including any transmission lines and associated equipment, together with the right of ingress and egress over the above described property owned by the State of Georgia to serve Central State Campus. SECTION 16. That the installation of any new transmission line or associated equipment on any state property within the easement area by Georgia Power Company shall require advance approval from the affected custodial agency. A survey prepared and signed by a licensed surveyor in the State of Georgia or an engineered drawing prepared by a licensed engineer shall accompany the installation of any new transmission line or associated equipment, including upgrades or replacements of the electrical power grid. SECTION 17. That the above described premises shall be used solely for the purpose of the installation, operation, and maintenance of an electrical power grid, electrical transmission lines, and associated equipment. SECTION 18. That, after Georgia Power Company has put into use the transmission lines and associated 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, 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 transmission lines and any associated 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 THURSDAY, APRIL 2, 2015 3657 said easement area 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 Georgia Power Company. SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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. In either event, Georgia Power Company shall quitclaim to the state its interest in the former easement area, which shall not require other approval for the State of Georgia to accept. 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 to be 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 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 23. That the consideration for such easement shall be that Georgia Power Company will operate and maintain the electrical power grid, transmission lines, and associated 3658 JOURNAL OF THE SENATE equipment at Central State Campus and any such further consideration and provisions as the State Properties Commission shall deem to be in the best interest of the State of Georgia. Prior to the granting of the easement, an agreement shall be executed concerning the operation and maintenance of the existing and any new power grid, transmission line, or associated equipment between Georgia Power Company and the affected custodial agencies. The Central State Campus electrical power grid, including transmission lines and associated equipment, shall be conveyed from the Department of Behavioral Health and Developmental Disabilities to the Georgia Power Company in a separate agreement. SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be promptly 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 that 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 243rd District, G.M., Barrow County, Georgia, commonly known as Fort Yargo State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated August 26, 2014, did not object to the granting of an 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, and maintain underground distribution lines and associated equipment to serve the new camper cabins at Fort Yargo State Park. Said easement area is located in Barrow County and is more particularly described as follows: That approximately 1.0 acre, lying and being in the 243rd District, G.M., Barrow County, Georgia, and that portion only as shown on a drawing furnished by Georgia THURSDAY, APRIL 2, 2015 3659 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 29. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground distribution lines and associated equipment. SECTION 30. 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 distribution lines and associated equipment. SECTION 31. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 32. 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 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the grantee provides, and the State Properties Commission receives and approves, in 3660 JOURNAL OF THE SENATE advance of any construction being commenced, a written estimate for the cost of such removal and relocation. Upon written request from the 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 Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 Barrow County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 38. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that 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. THURSDAY, APRIL 2, 2015 3661 ARTICLE IV SECTION 40. That the State of Georgia is the owner of the hereinafter described improved property lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 41. 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 over the property to construct and maintain a bridge and road to widen SR 140 from SR 53 to SR 3/US 41 in Bartow County. Said easement area is located in Bartow County and is more particularly described as follows: That approximately 0.548 acre lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad and that portion as shown on GDOT ROW Plans PI No. 621505, 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 42. That the above described premises shall be used solely for the purpose of road widening and the construction and maintenance of a bridge in the easement area. SECTION 43. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from the easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance purposes in the easement area. SECTION 44. That, after the Georgia Department of Transportation has put into use the easement area 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns. 3662 JOURNAL OF THE SENATE SECTION 45. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 47. 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 to be 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 48. 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. THURSDAY, APRIL 2, 2015 3663 SECTION 49. 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 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 51. 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 that this resolution is enacted into law and approved by the State Properties Commission. SECTION 52. 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 53. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, commonly known as North Metro Campus of Chattahoochee Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of North Metro Campus of Chattahoochee Technical College. Said easement area is located in Bartow County and is more particularly described as follows: That approximately 0.57 acre, lying and being in the Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, 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. 3664 JOURNAL OF THE SENATE SECTION 55. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment. SECTION 56. That Atlanta Gas Light 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 gas distribution lines and associated equipment. SECTION 57. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 58. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company. SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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, APRIL 2, 2015 3665 SECTION 60. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 61. 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 62. 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 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 64. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 65. 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 66. That the State of Georgia is the owner of the hereinafter described real property lying and being in 4th District, G.M., Chatham County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all 3666 JOURNAL OF THE SENATE matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of Savannah Technical College. Said easement area is located in Chatham County and is more particularly described as follows: That approximately 4.26 acres, lying and being in the 4th District, G.M., Chatham County, Georgia, 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 68. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment. SECTION 69. That Atlanta Gas Light 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 gas distribution lines and associated equipment. SECTION 70. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 71. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company. THURSDAY, APRIL 2, 2015 3667 SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 73. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 74. That 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 75. 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 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission. 3668 JOURNAL OF THE SENATE SECTION 77. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 78. 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 79. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 216th District, G.M., City of Athens, Clarke County, Georgia, commonly known as the Athens Day Reporting Center, and that the property is in the custody of the Department of Corrections, which by official action dated October 2, 2014, did 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located on Old Epps Bridge Road in Clarke County and is more particularly described as follows: That approximately 0.09 acre, lying and being in Land Lot 216th District, G.M., Clarke County, Georgia, and that portion only as shown on a survey titled: "Underground Distribution Line Easement Survey," 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 81. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 82. 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 electrical lines and associated equipment. THURSDAY, APRIL 2, 2015 3669 SECTION 83. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 84. 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 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 86. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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. 3670 JOURNAL OF THE SENATE SECTION 87. 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 88. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 90. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 92. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, commonly known as the Atlanta State Farmers Market, and that the property is in the custody of the Department of Agriculture, which by official action dated September 17, 2014, the Commissioner did 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 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and THURSDAY, APRIL 2, 2015 3671 associated equipment. Said easement area is located at the Atlanta State Farmers Market in Clayton County and is more particularly described as follows: That approximately 0.251 acre, lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 94. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 95. 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 electrical lines and associated equipment. SECTION 96. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 97. 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 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission 3672 JOURNAL OF THE SENATE shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 99. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 100. 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 101. 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 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 103. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, APRIL 2, 2015 3673 SECTION 104. 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 105. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, commonly known as the Kennesaw Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located at the Kennesaw Armory in Cobb County and is more particularly described as follows: That approximately 0.049 acre, lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 107. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment. SECTION 108. 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 electrical lines and associated equipment. SECTION 109. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, 3674 JOURNAL OF THE SENATE Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 110. 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 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 112. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 113. 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 THURSDAY, APRIL 2, 2015 3675 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 114. 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 115. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 116. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 117. 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 118. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 134, 16th Land District, DeKalb County, Georgia, commonly known as Georgia Piedmont Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 119. 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 construction, installation, and maintenance of overhead electrical distribution lines and associated equipment. Said easement area is located at the Georgia Piedmont Technical College, DeKalb County, and is more particularly described as follows: That approximately 0.37 acre, lying and being in Land Lot 134, 16th Land District, DeKalb County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, 3676 JOURNAL OF THE SENATE 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 120. That the above described premises shall be used solely for the construction, installation, and maintenance of overhead electrical distribution lines and associated equipment. SECTION 121. 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, installation, and maintenance of overhead electrical distribution lines and associated equipment. SECTION 122. That, after Georgia Power Company has put into use the overhead electrical distribution lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 123. 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 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 THURSDAY, APRIL 2, 2015 3677 removal and relocation. Upon written request from the 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 125. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 126. That 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 127. 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 128. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 129. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 130. 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 131. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, 3678 JOURNAL OF THE SENATE commonly known as the Rome Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of underground electrical power lines and associated equipment to provide updated and secure electric service to the armory and new motor pool. Said easement area is located at the Rome Armory in Floyd County and is more particularly described as follows: That approximately 0.103 acre, lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 133. That the above described premises shall be used solely for the purpose of installing, maintaining, and operating underground electrical power lines and associated equipment. SECTION 134. 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 installation, maintenance, and operation of an underground electrical power line. SECTION 135. That, after Georgia Power Company has put into use the underground electrical power lines and associated 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, 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 electrical power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 136. 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, APRIL 2, 2015 3679 easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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, 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 140. 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. 3680 JOURNAL OF THE SENATE SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 142. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 143. 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 144. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, commonly known as the North Fulton Campus of Gwinnett Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to various utility companies, or their successors and assigns, a nonexclusive easement area for various utilities and associated equipment. Said easement area is located through the North Fulton Campus of Gwinnett Technical College in Fulton County and is more particularly described as follows: That approximately 25.433 acres, lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, 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 146. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of various utilities and associated equipment. THURSDAY, APRIL 2, 2015 3681 SECTION 147. That the various utility companies 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 various utilities and associated equipment. SECTION 148. That, after the various utility companies have put into use the various utilities and associated 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 various utility companies, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utilities and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 149. That no title shall be conveyed to the various utility companies and, except as herein specifically granted to the various utility companies, 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 various utility companies. SECTION 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the grantee or any third party, the State Properties Commission, in their 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 151. That the easement granted to the various utility companies shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall 3682 JOURNAL OF THE SENATE deem to be 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 152. 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 153. 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 154. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 155. That the authorization in this resolution to grant the above described easement to the various utility companies shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 156. 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 157. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. THURSDAY, APRIL 2, 2015 3683 SECTION 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for road widening project PI 662510 on the South Calhoun Bypass from SR53 at CR13 East to SR53 at CR64 which will bridge over existing railroad right of way. Said easement area is located in Gordon County and is more particularly described as follows: That approximately 0.262 acre, lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, as shown on a drawing prepared by the Georgia Department of Transportation, 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 159. That the above described premises shall be used solely for the purpose of road widening and the construction and maintenance of a bridge in the easement area. SECTION 160. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the easement area. SECTION 161. That, after the Georgia Department of Transportation has put into use the easement area 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 162. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 163. 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 3684 JOURNAL OF THE SENATE or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 164. 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 to be 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 165. 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 166. 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 167. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall promptly be forwarded to the State Properties Commission. THURSDAY, APRIL 2, 2015 3685 SECTION 168. 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 that this resolution is enacted into law and approved by the State Properties Commission. SECTION 169. 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 170. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, commonly known as Central Georgia Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 171. 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 the installation, maintenance, and operation of electrical distribution lines to service the Health Services Center (TCSG-267) at Central Georgia Technical College. Said easement area is located in Houston County and is more particularly described as follows: That approximately 0.924 acre, lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, as shown on a drawing furnished by Flint Electric Membership Corporation, 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 172. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of electrical distribution lines. SECTION 173. 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 installation, maintenance, and operation of electrical distribution lines. 3686 JOURNAL OF THE SENATE SECTION 174. That, after Flint Electric Membership Corporation has put into use the electrical distribution 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, Flint 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 electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 175. 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 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Flint Electric Membership Corporation 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 177. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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, APRIL 2, 2015 3687 SECTION 178. 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 179. 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 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 181. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 182. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XV SECTION 183. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, commonly known as the Dublin Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Dublin, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain sanitary sewer lines to serve the Dublin 3688 JOURNAL OF THE SENATE Armory. Said easement area is located in Laurens County and is more particularly described as follows: That approximately 0.072 acre, lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, and that portion only as shown on a drawing furnished by the City of Dublin, 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 185. That the above described premises shall be used solely for the purpose of the City of Dublin installing, operating, and maintaining sanitary sewer lines. SECTION 186. That the City of Dublin 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 lines. SECTION 187. That, after the City of Dublin has put into use the sanitary sewer 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 City of Dublin, 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 sewer lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 188. That no title shall be conveyed to the City of Dublin and, except as herein specifically granted to City of Dublin, 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 Dublin. SECTION 189. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Dublin shall remove or relocate its facilities to the alternate easement area at its THURSDAY, APRIL 2, 2015 3689 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 the 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 the 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 190. That the easement granted to the City of Dublin shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 191. 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 192. 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 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 194. That the authorization in this resolution to grant the above described easement to the City of Dublin shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 195. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. 3690 JOURNAL OF THE SENATE ARTICLE XVI SECTION 196. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1458th District, G.M., Liberty County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 197. 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 relocation of power poles and guy wire anchors due to the SR 119 widening. Said easement area is located in Liberty County and is more particularly described as follows: That approximately 0.156 acre, lying and being in the 1458th District, G.M., Liberty County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 198. That the above described premises shall be used solely for the relocation of power poles and guy wire anchors. SECTION 199. 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 relocation of power poles and guy wire anchors. SECTION 200. That, after Georgia Power Company has put into use the power poles and guy wire anchors 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, 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 poles, guy wire anchors, and associated equipment shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, APRIL 2, 2015 3691 SECTION 201. 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 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. SECTION 203. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 204. That 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. 3692 JOURNAL OF THE SENATE SECTION 205. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Liberty County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 207. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 208. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVII SECTION 209. That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, commonly known as the Valdosta State Prison, and that the property is in the custody of the Department of Corrections, which by official action dated March 6, 2014, did 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 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Valdosta, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain a sanitary sewer main to serve Valdosta State Prison. Said easement area is located in Lowndes County and is more particularly described as follows: That approximately 0.04 acre, lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, and that portion only as shown on a drawing furnished by the City of Valdosta, 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. THURSDAY, APRIL 2, 2015 3693 SECTION 211. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining a sanitary sewer main. SECTION 212. That the City of Valdosta 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 main. SECTION 213. That, after the City of Valdosta has put into use the sanitary sewer main 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 City of Valdosta, 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 sewer main and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 214. That no title shall be conveyed to the City of Valdosta and, except as herein specifically granted to the City of Valdosta, 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 Valdosta. SECTION 215. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Valdosta 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 the 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 the 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. 3694 JOURNAL OF THE SENATE SECTION 216. That the easement granted to the City of Valdosta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 217. That 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 218. 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 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 220. That the authorization in this resolution to grant the above described easement to the City of Valdosta shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 221. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVIII SECTION 222. That the State of Georgia is the owner of the hereinafter described real property commonly known as Camp John Hope, Macon County, Georgia, and that the property is in the custody of the Department of Education, which by official action dated March 14, 2014, did not object to the granting of an easement, hereinafter referred to as the THURSDAY, APRIL 2, 2015 3695 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 223. 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 to construct, install, and maintain electrical transmission lines and associated equipment to serve Camp John Hope. Said easement area is located in Macon County and is more particularly described as follows: That approximately 226.148 acres lying and being in Macon County, Georgia, and commonly known as Camp John Hope, and that portion only as shown on a drawing furnished by Flint Electric Membership Corporation, 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 224. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical transmission lines and associated equipment. SECTION 225. 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 transmission lines and associated equipment. SECTION 226. That, after Flint Electric Membership Corporation has put into use the transmission lines and associated 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, Flint 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 227. 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. 3696 JOURNAL OF THE SENATE SECTION 228. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Flint Electric Membership Corporation 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 the 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 the 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 229. 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 to be 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 230. 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 231. That, given the public purpose of the project, the consideration for each 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 232. That this grant of easement shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be promptly forwarded to the State Properties Commission. THURSDAY, APRIL 2, 2015 3697 SECTION 233. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 234. 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 235. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that the property is regulated by the Department of Natural Resources 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., and which by official action dated March 11, 2013, did 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 236. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain electrical distribution lines and associated equipment to serve Barbour and Wahoo Islands. Said easement area is located in McIntosh County and is more particularly described as follows: That approximately 15.3 acres, lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 237. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical distribution lines and associated equipment. SECTION 238. That Coastal Electric Cooperative 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 distribution lines and associated equipment. 3698 JOURNAL OF THE SENATE SECTION 239. That, after Coastal Electric Cooperative has put into use the distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 240. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative. SECTION 241. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 242. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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, APRIL 2, 2015 3699 SECTION 243. 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 244. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 245. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 246. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 247. 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 248. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1514th District, G.M., McIntosh County, Georgia, commonly known as the Altamaha River-Townsend WMA, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2014, did not object to the granting of the 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 249. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area for the construction and maintenance of underground distribution lines and 3700 JOURNAL OF THE SENATE associated equipment to provide power to maintenance facilities at Altamaha RiverTownsend WMA. Said easement area is located in McIntosh County and is more particularly described as follows: That approximately 1.03 acre, lying and being in the 1514th District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 250. That the above described premises shall be used solely for the construction and maintenance of underground distribution lines and associated equipment. SECTION 251. That Coastal Electric Cooperative shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction and maintenance of underground distribution lines and associated equipment. SECTION 252. That, after Coastal Electric Cooperative has put into use the underground distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 253. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative. SECTION 254. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across THURSDAY, APRIL 2, 2015 3701 the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 255. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 256. 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 257. 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 258. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 259. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. 3702 JOURNAL OF THE SENATE SECTION 260. 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 261. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 119, 120, 121, 122, 135, 136, 137, 138, 139, 150, and 171, 2nd Land District, Meriwether County, Georgia, commonly known as Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage, and that the property is in the custody of the Georgia Vocational Rehabilitation Agency, which by official action dated June 9, 2014, did 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 262. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University System of Georgia, or its successors and assigns, a nonexclusive easement area for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus of the Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage. Said easement area is located in Meriwether County and is more particularly described as follows: That approximately 913 acres, lying and being in Land Lots 119, 120, 121, 122, 135, 136, 137, 138, 139, 150, and 171, 2nd Land District, Meriwether County, Georgia, and that portion only as shown on a drawing furnished by the Board of Regents of the University 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 263. That the above described premises shall be used solely for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus. SECTION 264. That the Board of Regents of the University System of 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 ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus. THURSDAY, APRIL 2, 2015 3703 SECTION 265. That, after the Board of Regents of the University System of Georgia has put into use the access, parking, signage, utilities, and any other benefits 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 Board of Regents of the University System of 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 easement area and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 266. That no title shall be conveyed to the Board of Regents of the University System of Georgia and, except as herein specifically granted to the Board of Regents of the University System of Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Board of Regents of the University System of Georgia. SECTION 267. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Board of Regents of the University System of Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 268. That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of 3704 JOURNAL OF THE SENATE the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 269. 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 270. 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 271. That this grant of easement shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 272. That the authorization in this resolution to grant the above described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 273. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXII SECTION 274. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 105 of the 1st District, Newton County, Georgia, commonly known as the Georgia BioScience Training Center at Athens Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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, APRIL 2, 2015 3705 SECTION 275. That the State of Georgia, acting by and through its State Properties Commission, may grant to Walton Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment to serve the Georgia BioScience Training Center (TCSG-300) at Athens Technical College. Said easement area is located in Newton County and is more particularly described as follows: That approximately 0.16 acre, lying and being in the Land Lot 105 of the 1st District of Newton County, Georgia, and that portion only as shown on a drawing furnished by Walton Electric Membership Corporation, 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 276. That the above described premises shall be used solely for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment. SECTION 277. That Walton 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 construction, operation, and maintenance of underground electrical distribution lines and associated equipment. SECTION 278. That, after Walton Electric Membership Corporation has put into use the underground electrical distribution lines and associated 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, Walton 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 279. That no title shall be conveyed to Walton Electric Membership Corporation and, except as herein specifically granted to Walton 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 Walton Electric Membership Corporation. 3706 JOURNAL OF THE SENATE SECTION 280. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Walton Electric Membership Corporation 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 the 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 the 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 281. That the easement granted to Walton Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 282. 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 283. 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 284. That this grant of easement shall be recorded by the grantee in the Superior Court of THURSDAY, APRIL 2, 2015 3707 Newton County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 285. That the authorization in this resolution to grant the above described easement to Walton Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 286. 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 XXIII SECTION 287. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 406 of the 18th District, 3rd Section, Polk County, Georgia, commonly known as Paulding Forest Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated June 24, 2014, did not object to the granting of this easement exchange, the easement to be granted 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 288. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Corley family, or its successors and assigns, a nonexclusive easement area for ingress and egress access within Ironstob Phase I tract along Blue Car Body Road of the Paulding Wildlife Management Area. Said easement area is located in Polk County and is more particularly described as follows: That approximately 3.0 acres, lying and being in the Land Lot 406 of the 18th District, 3rd Section of Polk County, Georgia, and that portion only as shown on a drawing furnished by the 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 289. That the above described premises shall be used solely for ingress and egress. SECTION 290. That the Corley family 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 ingress and egress. 3708 JOURNAL OF THE SENATE SECTION 291. That, after the Corley family has put into use the access easement 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 Corley family, or its successors and assigns, shall have the option of removing its property from the easement area or leaving the same in place, in which event the property shall become the property of the State of Georgia, or its successors and assigns. SECTION 292. That no title shall be conveyed to the Corley family and, except as herein specifically granted to the Corley family, 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 Corley family. SECTION 293. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Corley family 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 the 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 the 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 294. That the easement granted to the Corley family shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 295. 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 THURSDAY, APRIL 2, 2015 3709 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 296. That, as consideration for such easement exchange, the Corley family shall grant an easement over approximately six acres for ingress and egress access for public use and for the Department of Natural Resource's administrative use along with a right of first refusal to purchase approximately 360 acres of the Corley family's property labeled Tracts A, B, C, D, and E, being on file in the offices of the State Properties Commission, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 297. That this grant of easement shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be promptly forwarded to the State Properties Commission. SECTION 298. That the authorization in this resolution to grant the above described easement to the Corley family shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 299. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXIV SECTION 300. That the State of Georgia is the owner of the hereinafter described real property lying and being in 86-3 District, G.M., formerly the 1660th District, G.M., Richmond County, Georgia, commonly known as the East Central Regional Hospital, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities, which by official action dated June 18, 2014, did 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 301. 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 3710 JOURNAL OF THE SENATE the replacement and construction of water pipelines at East Central Regional Hospital. Said easement area is located in Richmond County and is more particularly described as follows: That approximately 0.873 acre, lying and being in 86-3 District, G.M., formerly the 166th District, G.M., of Richmond County, Georgia, and that portion only as shown on a drawing furnished by Augusta, 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 302. That the above described premises shall be used solely for the replacement and construction of water pipelines. SECTION 303. 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 replacement and construction of water pipelines. SECTION 304. That, after Augusta, Georgia, has put into use the water pipelines 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 pipelines shall become the property of the State of Georgia, or its successors and assigns. SECTION 305. 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 306. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and THURSDAY, APRIL 2, 2015 3711 Augusta, Georgia, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 307. That the easement granted to Augusta, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 308. 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 309. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 310. That this grant of easement shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 311. That the authorization in this resolution to grant the above described easement to Augusta, Georgia, shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 312. 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. 3712 JOURNAL OF THE SENATE ARTICLE XXV SECTION 313. That the State of Georgia is the owner of the hereinafter described real property commonly known as the Kia/Hyundai Dymos Tract in Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which by official action dated August 22, 2014, did 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 314. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, Georgia, or its successors and assigns, a nonexclusive easement area for a water and sewer line. Said easement area is located at the Kia/Hyundai Dymos Tract in Troup County and is more particularly described as follows: That approximately 1.391 acre, lying and being in 5th Land District, Troup County, Georgia, and that portion only as shown on a drawing furnished by various utility companies, 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 315. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of a water and sewer line. SECTION 316. That the City of West Point shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said water and sewer line. SECTION 317. That, after the City of West Point put into use the water and 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, the City of West Point, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the water and sewer line and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 318. That no title shall be conveyed to the City of West Point and, except as herein specifically granted to the city, all rights, title, and interest in and to said easement area is THURSDAY, APRIL 2, 2015 3713 reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of West Point. SECTION 319. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the 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 320. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 321. 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 322. 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. 3714 JOURNAL OF THE SENATE SECTION 323. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 324. That the authorization in this resolution to grant the above described easement to the City of West Point shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 325. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXVI SECTION 326. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, commonly known as the Walton Fish Hatchery, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 31, 2014, did 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 327. 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 construction, operation, and maintenance of transmission lines and associated equipment along Willow Springs Church Road at Walton Fish Hatchery. Said easement area is located in Walton County and is more particularly described as follows: That approximately 0.7 acre, lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 328. That the above described premises shall be used solely for the construction, operation, and maintenance of transmission lines and associated equipment. SECTION 329. 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 THURSDAY, APRIL 2, 2015 3715 the construction, operation, and maintenance of transmission lines and associated equipment. SECTION 330. That, after Georgia Power Company has put into use the transmission lines and associated 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, 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 331. 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 332. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 333. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 3716 JOURNAL OF THE SENATE long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 334. 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 335. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 336. That this grant of easement shall be recorded by the grantee in the Superior Court of Walton County and a recorded copy shall promptly be forwarded to the State Properties Commission. SECTION 337. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 338. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XXVII SECTION 339. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 333rd and 1313th District, G.M., Wayne County, Georgia, commonly known as the Penholoway Swamp Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 31, 2014, did 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 340. That the State of Georgia, acting by and through its State Properties Commission, may grant to Okefenokee Rural Electric Membership Corporation, or its successors and THURSDAY, APRIL 2, 2015 3717 assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground power lines and associated equipment for the new Wildlife Resources Division Maintenance Facility at Penholoway Swamp Wildlife Management Area. Said easement area is located in Wayne County and is more particularly described as follows: That approximately 0.28 acre, lying and being in the 333rd and 1313th District, G.M., of Wayne County, Georgia, and that portion only as shown on a drawing furnished by Okefenokee Rural Electric Membership Corporation, 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 341. That the above described premises shall be used solely for the construction, operation, and maintenance of underground power lines and associated equipment. SECTION 342. That Okefenokee Rural 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 construction, operation, and maintenance of underground power lines and associated equipment. SECTION 343. That, after Okefenokee Rural Electric Membership Corporation has put into use the power lines and associated 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, Okefenokee Rural 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 lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 344. That no title shall be conveyed to Okefenokee Rural Electric Membership Corporation and, except as herein specifically granted to Okefenokee Rural 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 Okefenokee Rural Electric Membership Corporation. SECTION 345. 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 3718 JOURNAL OF THE SENATE or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Okefenokee Rural Electric Membership Corporation 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 the 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 the 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 346. That the easement granted to Okefenokee Rural Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 347. 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 348. 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 349. That this grant of easement shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall promptly be forwarded to the State Properties Commission. THURSDAY, APRIL 2, 2015 3719 SECTION 350. That the authorization in this resolution to grant the above described easement to Okefenokee Rural Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 351. 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 XXVIII SECTION 352. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 353. That all laws and parts of laws in conflict with this resolution are repealed. Senator Jeffares of the 17th moved that the Senate agree to the House substitute to SR 267. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke C Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Williams, T 3720 JOURNAL OF THE SENATE On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 267. Senator Hill of the 32nd was excused as a Conferee. Senator Jeffares of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate amendment was as follows: Amend the Senate amendment to HB 320 by deleting all of the following from said amendment: Amend HB 320 (LC 41 0384) by replacing lines 5 through 8 with the following: provide for related matters; to repeal conflicting laws; and for other purposes. By replacing "two new subsections" with "a new subsection" on lines 14 and 52. By inserting a quotation mark at the end of line 24 and deleting lines 25 through 34. By inserting a quotation mark at the end of line 62 and deleting lines 63 through 72. Senator Ginn of the 47th moved that the Senate agree to the House amendment to the Senate amendment to HB 320. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Orrock Y Parent Y Ramsey Y Rhett THURSDAY, APRIL 2, 2015 3721 C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 320. The following bill was taken up to consider House action thereto: SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; 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 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, is amended by revising Code Section 411-11, relating to inspection requirements for animals shipped into the state, as follows: 3722 JOURNAL OF THE SENATE "4-11-11. (a) It shall be unlawful for any person to ship or import any animal, other than equines, poultry, livestock, or birds, cold-blooded animals, and rodents, into this state for the purpose of resale unless such animal is accompanied by a U.S. interstate or international certificate of health an official interstate or international certificate of veterinary inspection. (b) In addition to the provisions of subsection (a) of this Code section, it shall be unlawful to ship or import into this state any other type of animal which the commissioner has determined poses a significant risk of disease to domestic animals or humans within this state unless such animal is accompanied by such certificate. The commissioner shall maintain on the department website a listing of all other types of animals determined to pose a significant risk of disease in accordance with this subsection. (c) No such certificate shall be required for poultry originating from flocks participating in the National Poultry Improvement Plan administered by the United States Department of Agriculture." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Black of the 8th moved that the Senate agree to the House substitute to SB 175. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T THURSDAY, APRIL 2, 2015 3723 On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 175. The following bill was taken up to consider House action thereto: SB 72. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions relating to the relationships between relatives which constitute incest; to change the offense of harassing phone calls to the offense of harassing communications; to provide for penalties; to provide for venue; to provide for exceptions; to change provisions relating to destroying or injuring a police dog or police horse; to provided for definitions; to create degrees of an offense relating to harming law enforcement animals; to provide for exceptions; to provide for the necropsy of law enforcement animals killed in the performance of official duties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (a) of Code Section 16-6-22, relating to incest, as follows: "(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows: (1) Father and child or stepchild; (2) Mother and child or stepchild; (3) Siblings of the whole blood or of the half blood; 3724 JOURNAL OF THE SENATE (4) Grandparent and grandchild of the whole blood or of the half blood; (5) Aunt and niece or nephew of the whole blood or of the half blood; or (6) Uncle and niece or nephew of the whole blood or of the half blood." PART II SECTION 2-1. Said title is further amended by revising Code Section 16-11-39.1, relating to harassing phone calls, as follows: "16-11-39.1. (a) A person commits the offense of harassing phone calls communications if such person telephones: (1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting, threatening, or intimidating another such person or the family of such other person; uses over the telephone language threatening (2) Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication; telephones (3) Telephones another person and intentionally fails to hang up or disengage the connection; or knowingly (4) Knowingly permits any telephone device used for telecommunication, e-mail, text messaging, or any other form of electronic communication under such person's control to be used for any purpose prohibited by this subsection. (b) Any person who commits the offense of harassing phone calls communications shall be guilty of a misdemeanor. (c) The offense of harassing communications shall be considered to have been committed in the county where: (1) The defendant was located when he or she placed the telephone call or transmitted, sent, or posted an electronic communication; or (2) The telephone call or electronic communication was received. (d) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title. (e) This Code section shall not apply to constitutionally protected speech." PART III SECTION 3-1. This part of this Act shall be known and may be cited as "Tanja's Law." SECTION 3-2. Said title is further amended by revising subsection (e) of Code Section 16-5-23, relating to simple battery, as follows: THURSDAY, APRIL 2, 2015 3725 "(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature." SECTION 3-3. Said title is further amended by revising Code Section 16-11-107, relating to destroying or injuring a police dog or police horse, as follows: "16-11-107. (a) As used in this Code section, the term: (1) 'Accelerant detection dog' means a dog trained to detect hydrocarbon substances. (2) 'Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (2.1) 'Dangerous weapon' shall have the same meaning as provided for in Code Section 16-11-121. (2.2) 'Firearm' means any handgun, rifle, shotgun, stun gun, taser, or dangerous weapon. (3) 'Firearms detection dog' means a dog trained to locate firearms by scent. (3.1) 'Knowingly' means having knowledge that an animal is a law enforcement animal. (3.2) 'Law enforcement animal' means a police dog, police horse, or any other animal trained to support a peace officer, fire department, or the state fire marshal in performance of law enforcement duties. (4) 'Narcotic detection dog' means a dog trained to locate narcotics by scent. (5) 'Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (6) 'Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (6.1) 'Performance of its duties' means performing law enforcement, fire department, or state fire marshal duties as trained. (7) 'Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. Such term 'Police dog' also means a search and rescue dog. (8) 'Police horse' means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. (8.1) 'Search and rescue dog' means any dog that is owned or the services of which are employed by a fire department or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including but not limited to persons who are lost, who are trapped under debris as a result of a natural or manmade disaster, or who are drowning victims. (9) 'Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or 3726 JOURNAL OF THE SENATE debilitating physical injury to a police dog or police horse, knowing said dog to be a police dog or said horse to be a police horse, 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, or a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog or police horse for humane purposes. (b) A person commits the offense of harming a law enforcement animal in the fourth degree when he or she knowingly and intentionally causes physical harm to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both. (c) A person commits the offense of harming a law enforcement animal in the third degree when he or she knowingly and intentionally and with a deadly weapon causes, or with any object, device, instrument, or body part which, when used offensively against such law enforcement animal, is likely to or actually does cause, serious physical injury to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment for not less than six nor more than 12 months, a fine not to exceed $5,000.00, or both. (d) A person commits the offense of harming a law enforcement animal in the second degree when he or she knowingly and intentionally shoots a law enforcement animal with a firearm or causes debilitating physical injury to a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation 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 five years, a fine not to exceed $25,000.00, or both. (e) A person commits the offense of harming a law enforcement animal in the first degree when he or she knowingly and intentionally causes the death of a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 18 months nor more than five years, a fine not to exceed $50,000.00, or both. (f) In addition to any other penalty provided for under this Code section, any person convicted of a violation under this Code section shall pay restitution to the law enforcement agency, fire department, or the state fire marshal which is the owner of, or which owned, such law enforcement animal in the amount of associated veterinary expenses incurred in the treatment of such law enforcement animal pursuant to Article 1 of Chapter 14 of Title 17; provided, however, that if such law enforcement animal THURSDAY, APRIL 2, 2015 3727 died or is no longer able to engage in performance of its duties as a result of a violation of this Code section, the amount paid in restitution shall additionally include the amount of the actual replacement value of the law enforcement animal, which shall include the value of an animal to replace the law enforcement animal and all costs associated with training such animal and its handler or handlers. (g) Nothing in this Code section shall prohibit the killing or euthanasia of a law enforcement animal for humane purposes. (h) Nothing in this Code section shall prohibit the defense of a person against a law enforcement animal that attacks such person without or in spite of commands given by its handler. (i) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall perform forensic pathology services upon any law enforcement animal whose death occurred while in performance of its duties or because of such law enforcement animal's performance of its duties." PART IV SECTION 4-1. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 72. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach N Bethel Y Black C Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Harbin Y Harbison Y Harper N Heath N 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 Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 3728 JOURNAL OF THE SENATE On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 72. Senator Hill of the 32nd was excused as a Conferee. The following Senators were excused for business outside the Senate Chamber: Ginn of the 47th McKoon of the 29th Unterman of the 45th The following bill was taken up to consider House action thereto: HB 106. By Representatives Roberts of the 155th, Burns of the 159th and McCall of the 33rd: 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 106 by deleting lines 1 through 459 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 provide for a limitation on the joint county and municipal sales and use tax on motor fuel; to provide for a state fee on the rental of a hotel or motel room; to provide for an additional transportation special purpose local option sales and use tax by counties and municipalities; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows: THURSDAY, APRIL 2, 2015 3729 "48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent, except as provided in subsection (b) of this Code section. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) On or after July 1, 2015, such joint sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon; provided, however, that in any consolidated government levying a joint sales and use tax at 2 percent pursuant to Code Section 48-8-96, on or after July 1, 2015, any such joint sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 2 percent of the retail sales price of the motor fuel which is not more than $3.00 per gallon." SECTION 2. Said title is further amended by adding a new article in Chapter 8, relating to state sales and use taxes, to read as follows: "ARTICLE 5A 48-8-260. As used in this article, the term: (1) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (2) 'Mass transportation' means any mode of transportation serving the general public which is appropriate to transport people by highways or rail. (3) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of this chapter in which mass transportation service is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Georgia Regional Transportation Authority or the Metropolitan Atlanta Rapid Transit Authority. (4) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 which is located wholly or partly within a special district. 3730 JOURNAL OF THE SENATE (5) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including new general obligation debt and other multiyear obligations issued to finance such purposes. Such purposes shall also include the retirement of previously incurred general obligation debt with respect only to such purposes, but only if an intergovernmental agreement has been entered into under this article. 48-8-261. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created. (b) On or after July 1, 2016, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; (2) That is a mass transportation regional system participant; and (3) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. (c) On or after July 1, 2017, any county: (1) That is not located within a special district levying a special sales and use tax pursuant to Article 5 of this chapter; and (2) In which a tax is currently being levied and collected pursuant to: (A) Part 1 of Article 3 of this chapter; (B) A local constitutional amendment for purposes of a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008, and the laws enacted pursuant to such local constitutional amendment; or (C) Code Section 48-8-96 may, by following the procedures required by this article, impose for a limited period of time within the special district under this article a transportation special purpose local option sales and use tax, the proceeds of which shall be used only for transportation purposes. THURSDAY, APRIL 2, 2015 3731 48-8-262. (a)(1) Except as otherwise provided in paragraph (2) of this subsection, prior to the issuance of the call for the referendum required by Code Section 48-8-263, any county that desires to levy a tax under this article shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum and the rate of tax. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (2) When 90 percent or more of the geographic area of a special district is located within one or more qualified municipalities and when a qualified municipality or combination of qualified municipalities within the special district whose combined population within the special district is 60 percent or more of the aggregate population of all qualified municipalities within the special district desires to levy a tax under this article, such qualified municipality or municipalities may deliver or mail written notice to the chief elected official of the governing authority of the county located within the special district calling for a meeting to discuss projects for inclusion in the referendum and the rate of levy of the tax. Such notice shall contain the date, time, place, and purpose of the meeting and shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for a referendum. If the county and all qualified municipalities within the special district do not enter into an intergovernmental agreement meeting the requirements of subsection (b) of this Code section within 30 days after the meeting, when 90 percent or more of the geographic area of a special district is located within one or more qualified municipalities the qualified municipality or combination of qualified municipalities within the special district whose combined population within the special district is 60 percent or more of the aggregate population of all qualified municipalities within the special district may adopt a resolution as provided in subsection (e) of this Code section and issue the call for a referendum on the levy of a tax under this article. (b)(1) Following the meeting required by subsection (a) of this Code section and prior to any tax being imposed under this article, the county and all qualified municipalities therein may execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax. (2) If an intergovernmental agreement authorized by paragraph (1) of this subsection is entered into, it shall, at a minimum, include the following: (A) A list of the projects and purposes qualifying as transportation purposes proposed to be funded from the tax, including an expenditure of at least 30 percent of the estimated revenue from the tax on projects included in the state-wide strategic transportation plan as defined in paragraph (6) of subsection (a) of Code Section 322-22; 3732 JOURNAL OF THE SENATE (B) The estimated or projected dollar amounts allocated for each transportation purpose from proceeds from the tax; (C) The procedures for distributing proceeds from the tax to qualified municipalities; (D) A schedule for distributing proceeds from the tax to qualified municipalities which shall include the priority or order in which transportation purposes will be fully or partially funded; (E) A provision that all transportation purposes included in the agreement shall be funded from proceeds from the tax except as otherwise agreed; (F) A provision that proceeds from the tax shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county and qualified municipalities choose to address. (c)(1) If an intergovernmental agreement is entered into by the county and all qualified municipalities, the rate of the tax may be up to 1 percent. (2) If an intergovernmental agreement is not entered into by the county and all qualified municipalities, the maximum rate of the tax shall not exceed .75 percent and shall be determined by the governing authority of the county. (d)(1) As soon as practicable after the meeting between the governing authorities of the county and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county shall by a majority vote on a resolution offered for such purpose submit the list of transportation purposes and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall also be the maximum amount of net proceeds to be raised by the tax; and (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years. 48-8-263. (a)(1) The ballot submitting the question of the imposition of the tax to the voters within the special district shall have written or printed thereon the following: '( ) YES Shall a special ___ percent sales and use tax be imposed in the special district consisting of _______County for a period of time not to exceed THURSDAY, APRIL 2, 2015 3733 ( ) NO _______ and for the raising of not more than an estimated amount of $_______ for transportation purposes?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (b) The election superintendent shall issue the call and conduct the election in the manner authorized by general law. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the tax shall vote 'Yes,' and all persons opposed to imposing the tax shall vote 'No.' If more than one-half of the votes cast throughout the entire special district are in favor of imposing the tax, then the tax shall be imposed as provided in this article. (c) Where such question is not approved by the voters, the county may resubmit such question from time to time upon compliance with the requirements of this article. (d)(1) If the intergovernmental agreement, if applicable, and proposal include the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. 48-8-264. (a)(1) If the imposition of the tax is approved at the election, the tax shall be imposed 3734 JOURNAL OF THE SENATE on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single tax under this article shall be imposed within a special district. Any tax imposed under this article may, subject to the requirements of subsection (c) of Code Section 48-8-262, be imposed at a rate of up to 1 percent but shall not exceed 1 percent. Any tax imposed under this article at a rate of less than 1 percent shall be in an increment of .05 percent. (2) In any special district in which a tax is in effect under this article, proceedings may be commenced, while the tax is in effect, calling for the reimposition of the tax upon the termination of the tax then in effect; and an election may be held at the next scheduled election for this purpose while the tax is in effect. Such proceedings for the reimposition of a tax under this article shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, proceedings for the reimposition of a tax under this article may be initiated in the same manner as provided in this article for initial imposition of such tax. 48-8-265. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such THURSDAY, APRIL 2, 2015 3735 tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. 48-8-266. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-267. (a) The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed: (A) Pursuant to the terms of the intergovernmental agreement, if applicable; or (B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. (b) In the event an intergovernmental agreement has not been entered into, then distribution of the proceeds shall be as follows: (1) The state auditor shall determine the most recent three fiscal years for which an audit under Code Section 36-81-7 has been made; (2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of expenditures made for transportation in the most recent three fiscal years. The proportional amount for the county and each qualified municipality shall be determined by dividing the average expended on transportation during the most recent three fiscal years by the county or qualified municipality by the aggregate average expended on transportation by the county and all qualified municipalities in the special district during the most recent three fiscal years. Amounts expended on transportation include transportation maintenance and operation costs and shall correspond with classifications and subclassifications specified in the local government uniform chart of accounts under subsection (e) of Code Section 36-81-3 within section 4200, including noncapital expenditures within sections 4210-4270, and shall be reported in the local government audit. Total general fund expenditures by the local government within these categories shall be specified in the footnotes of the audited financial statement. If such transportation 3736 JOURNAL OF THE SENATE expenditures include maintenance and operation costs to support local government airport and transit operations, reported in functions 7561 and 7563 of the uniform chart, the general fund costs for those functions shall be included in the footnotes of the local government's audited financial report; and (3) Following the determinations made pursuant to paragraph (2) of this subsection and at least 30 days prior to the referendum, the state auditor shall certify the appropriate distribution percentages to the commissioner and the commissioner shall utilize such percentages for the distribution of proceeds for the term of the tax. 48-8-268. (a) The proceeds of a tax under this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this article shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 within the special district levying the tax. The amount of state or federal funds expended in the county or any qualified municipality within the special district shall not be decreased or diverted due to the use of proceeds from the tax levied under this article for transportation purposes that have a high priority in the state-wide strategic transportation plan. 48-8-269. (a) Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to: (1) The sale or use of any type of fuel used for off-road heavy-duty equipment, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale; (5) The sale or use of motor fuel as defined under paragraph (9) of Code Section 489-2 for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1. (b) Except as otherwise specifically provided in this article, the tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3. THURSDAY, APRIL 2, 2015 3737 48-8-269.1. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county. 48-8-269.2. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier. 48-8-269.3. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax. 48-8-269.4. Except as provided in Code Section 48-8-6, the tax authorized under this article shall be in addition to any other local sales and use tax. Except as otherwise provided in this article and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article, and the imposition of the tax authorized under this article shall not affect the imposition of any otherwise authorized local sales and use tax within the special district. 48-8-269.5. (a)(1) The proceeds received from the tax shall be used by the county and qualified municipalities within the special district exclusively for the transportation purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of any county or qualified municipality receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each 3738 JOURNAL OF THE SENATE qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The intergovernmental agreement, if applicable, and resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The intergovernmental agreement, if applicable, and resolution shall specifically state the purpose or purposes for which the proceeds will be used. (f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. THURSDAY, APRIL 2, 2015 3739 (B) If the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and purposes stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects and purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement, if applicable. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-264 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county or qualified municipality within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county or qualified municipality, it being the intent that any funds so paid into the general fund of such county or qualified municipality be used for the purpose of reducing ad valorem taxes. 48-8-269.6. Not later than December 31 of each year, the governing authority of each county and each qualifying municipality receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such county or municipality, a simple, nontechnical report which shows for each purpose in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county or qualified municipality intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "48-13-50.3. (a) As used in this Code section, the term: (1) 'Extended stay rental' means providing for value to the public a hotel or motel room for longer than 30 consecutive days to the same customer. (2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public a hotel or motel room. (3) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these 3740 JOURNAL OF THE SENATE transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. (b) On or after July 1, 2015, each innkeeper in this state shall charge a $5.00 per night fee to the customer, unless it is an extended stay rental, for each calendar day a hotel or motel room is rented or leased. The innkeeper shall collect the fee at the time the customer pays for the rental or lease of such hotel or motel room. The innkeeper collecting the fee shall remit the fee on a monthly basis to the department. (c) The commissioner shall promulgate and make available forms for the use of innkeepers to assist in compliance with this Code section. The commissioner shall promulgate rules and regulations as necessary to implement and administer the provisions of this Code section. (d) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (b) of this Code section shall be made available and used exclusively for transportation purposes in this state. (e) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (d) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which the amount collected is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection." SECTION 4. This Act shall become effective on July 1, 2015. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved that the Senate agree to the House amendment to the Senate substitute to HB 106. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach Y Bethel Black C Burke Y Butler Y Cowsert N Crane Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone THURSDAY, APRIL 2, 2015 3741 Y Davenport Y Dugan Y Fort E Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 106. The following bill was taken up to consider House action thereto: HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Williams of the 27th moved that the Senate recede from its amendments to HB 246. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Butler Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer 3742 JOURNAL OF THE SENATE Y Cowsert N Crane Y Davenport Y Dugan Y Fort E Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H E Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson E Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate receded from its amendments to HB 246. The following message was received from the House through Mr. Reilly, 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 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Greene of the 151st, Tanner of the 9th, and Rogers of the 10th. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 3743 SB 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, is amended by revising Code Section 37-1-29, relating to crisis stabilization unit defined, licensure of units, minimum standards and requirements, designation as an emergency receiving facility, legislative intent, and rules and regulations as follows: "37-1-29. (a) As used in this Code section, the term 'crisis stabilization unit' means a short-term residential program operated for the purpose of providing psychiatric stabilization and detoxification services that complies with applicable department standards and that provides brief, intensive crisis services 24 hours a day, seven days a week. (b) The department shall be authorized to license certify crisis stabilization units pursuant to this Code section for the purpose of providing psychiatric stabilization and detoxification services in a community based setting rather than inpatient hospitalization and other higher levels of care. (c) The department shall establish minimum standards and requirements for the licensure certification of crisis stabilization units in its policies and procedures. Following any changes to such policies and procedures pertaining to crisis stabilization 3744 JOURNAL OF THE SENATE units, notification of such changes shall be posted on the department's website within 45 days and shall remain posted on the website for at least six months. Such standards and requirements policies and procedures shall include, but not be limited to, the following: (1) The capacity to carry out emergency receiving and evaluating functions; (2) Voluntary and involuntary admission criteria; (3) The prohibition to hold itself out as a hospital or bill for hospital or inpatient services; (4) The unit is operated by an accredited and licensed, if applicable, health care authority; (5) The unit has operating agreements with private and public inpatient hospitals and treatment facilities; (6) The unit operates within the guidelines of the federal Emergency Medical Treatment and Active Labor Act with respect to stabilization and transfer of clients; (7) Length of stay; (8) Designation of transitional beds; (9) Billing; (10) Physician and registered professional nurse oversight; (11) Staff to client ratios; (12) Patient restraint or seclusion; (13) Safety and emergency protocols; (14) Pharmacy services; (15) Medication administration; and (16) Reporting requirements. (d) A crisis stabilization unit shall be designated as an emergency receiving facility under Code Sections 37-3-40 and 37-7-40 and an evaluation facility under Code Sections 37-3-60 and 37-7-60, but shall not be designated as a treatment facility under Code Section 37-3-80 or 37-7-80. Crisis stabilization units may admit individuals on a voluntary basis. Individuals may be provided 24 hour observation, detoxification and stabilization services, medication prescribed by a physician, and other appropriate treatment or services. (e) No entity shall operate as a crisis stabilization unit without having a valid license certificate issued pursuant to this Code section. (f) Application for a license certificate to operate a crisis stabilization unit shall be submitted to the department in the manner prescribed by the department's rules and regulations policies and procedures. (g) The department shall issue a license certificate to an applicant who meets all the rules and regulations standards and requirements as set forth in the department's policies and procedures for the licensure certification of crisis stabilization units. The license certificate shall be nontransferable for a change of location or governing body. (h) Each licensee certified crisis stabilization unit shall permit authorized department representatives to enter upon and inspect any and all premises for which a license certificate has been granted or applied for so that verification of compliance with all THURSDAY, APRIL 2, 2015 3745 relevant laws or regulations can be made. (i) The department may deny any license application for certification which does not meet all the rules and regulations standards and requirements set forth in the department's policies and procedures for the licensure certification of crisis stabilization units and may suspend or revoke a license certification which has been issued if an applicant or a licensee certified crisis stabilization unit violates any such rules and regulations policies and procedures; provided, however, that before any order is entered denying a license certification application or suspending or revoking a license certification previously granted, the applicant or license certificate holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (j) Any program licensed certified as a crisis stabilization unit pursuant to this Code section shall be exempt from the requirements to obtain a certificate of need pursuant to Article 3 of Chapter 6 of Title 31. (k) It is the intent of the General Assembly that this Code section provide a public benefit and comply with all safety net obligations in this title and that patients without private health care coverage receive priority consideration for crisis stabilization unit placement. (l) The department shall promulgate rules and regulations in accordance with the General Assembly's intent as set out in subsection (k) of this Code section to implement the provisions of this Code section." SECTION 2. 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 substitute to SB 131. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort E Ginn Y Gooch Y Harbin Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk C Ligon Y Lucas Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman 3746 JOURNAL OF THE SENATE Y Harbison Y Harper Y Heath Y Henson Y Hill, H Martin E McKoon Y Millar Y Miller Y Mullis Y Watson Y Wilkinson Y Williams, M Williams, T On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 131. Senator Williams of the 27th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; 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 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal the sunset and legislative review provisions; to amend Article 2 of Chapter 6 of Title 15 and Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to the clerks of superior courts and when public disclosure is not required, respectively, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to change provisions relating to back-up records; 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 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, is amended by revising subsection (k) as follows: THURSDAY, APRIL 2, 2015 3747 "(k) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect." PART II SECTION 2-1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, is amended by adding a new Code section to read as follows: "15-6-60.1. (a) As the county constitutional officer elected by citizens of his or her county to protect and preserve their court and land records, the clerk of superior court is the sole custodian of all original filed records that the clerk is required by law to retain in his or her office or permitted to store and archive in another location as provided by Code Section 15-6-86. (b) Regardless of the methodology, system, or location used by the clerk of superior court for filing, recording, archiving, and storing records, any request for access to or copies of records, including requests made pursuant to Article 4 of Chapter 18 of Title 50 for access to or copies of any record filed, recorded, or retained by a clerk of superior court, shall be made to the clerk of superior court. (c) The clerk of superior court may contract with any person or entity or any governmental department, agency, authority, or entity for the purpose of archiving or storing electronic records of the clerk's office. When the clerk executes a contract for such purpose, such service provider shall not provide access to or copies of any records without the express written approval of the clerk of superior court. (d) Any person or entity or any governmental department, agency, authority, or entity that provides storage or archiving services for records for which the clerk of superior court is custodian shall relinquish possession of all such records and any copies thereof and return such records and copies to the clerk upon request of the clerk. This subsection shall not apply to records provided by the clerk of the superior court to the Georgia Superior Court Clerks' Cooperative Authority pursuant to laws requiring transmittal of records of the clerk's office to such authority. (e) Records that the clerk of superior court is required by law or rules and regulations to provide to other governmental departments, agencies, authorities, and entities to enable such departments, agencies, authorities, and entities to perform their duties or to support the functions assigned to such departments, agencies, authorities, and entities shall not be used for any purpose other than the performance of such duties or functions. (f) Records provided by the clerk of superior court to the Georgia Superior Court Clerks' Cooperative Authority shall be used by the authority only for the performance of its statutory duties, including providing online access to such records. 3748 JOURNAL OF THE SENATE (g) Nothing in this Code section shall be construed to require or otherwise affect the appropriation of public funds by a local governing authority to a clerk of superior court." SECTION 2-2. Said article is further amended by revising Code Section 15-6-62.1, relating to back-up records, as follows: "15-6-62.1. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority. (1)(2) 'Back-up record' means a paper or microfilm an electronic copy of any record of the proceedings relating to any civil action or criminal case which that a clerk of superior court is required to make create pursuant to Code Section Sections 15-6-61 and 15-6-62. (2) 'Council' means The Council of Superior Court Clerks created by Code Section 15-6-50.2. (3) 'Division' means the Georgia Division of Archives and History. (b) Except as provided in subsection (d) of this Code section, a A clerk of a superior court electing to record proceedings in digital format as provided in subsection (a) of Code Section 15-6-62 any record of which he or she is the custodian shall maintain a back-up records and must do so record in at least one of two ways: either by (1) By the clerk permanently retaining the back-up records himself or herself or by submitting the digitally formatted records to and having them permanently archived by the division record on the clerk's secure file server, either controlled and operated by the clerk or personnel employed by the clerk or provided for the exclusive benefit of the clerk's office through a contractual relationship between the clerk and a public or private entity for such purpose; and (2) By the clerk submitting all digitally formatted records that the clerk is statutorily authorized and required to archive with the authority for permanent archiving, as set forth in subsection (c) of this Code section. (c) If a clerk of a superior court elects to submit the digitally formatted records to and have them permanently archived by the division pursuant to subsection (b) of this Code section, the clerk shall submit such records at least once every six months and in a format acceptable to the division and the council. Upon receipt, the division shall convert the digitally formatted records to microfilm and shall permanently maintain them in that format. If requested by the clerk of a superior court, the division shall make a copy of these microfilm records available for purchase by the clerk at a fee not to exceed the cost of producing the copies. The clerk of superior court shall submit the clerk's records to the authority in a format acceptable to the authority at least monthly, but not later than the fifteenth day following the last day of each month. Upon receipt of such records, the authority shall permanently and securely maintain such records. Excluding records to which the authority is required by law to provide online access, the authority shall not provide access to or copies of records maintained by it to any THURSDAY, APRIL 2, 2015 3749 person requesting such records without the express written approval of the clerk of superior court who originally maintained such records. All requests for access to such records shall be made to such clerk. (d) If at any time the division certifies to the council that the division is not capable of creating the microfilm records from the digitally formatted records and permanently maintaining them as set forth in this Code section, then a clerk of superior court shall permanently maintain the back-up records himself or herself and shall continue to do so until the division certifies that it is capable of creating and permanently maintaining them." SECTION 2-3. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended in subsection (a) by striking "or" at the end of paragraph (47), by replacing the period at the end of paragraph (48) with "; or", and by adding a new paragraph to read as follows: "(49) Held by the Georgia Superior Court Clerks' Cooperative Authority or any other public or private entity for and on behalf of a clerk of superior court; provided, however, that such records may be obtained from a clerk of superior court unless otherwise exempted from disclosure." PART III SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective on July 1, 2015. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th moved that the Senate agree to the House substitute to SB 135. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Davenport Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James E Jeffares Y Jones, B Y Jones, E Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate 3750 JOURNAL OF THE SENATE Y Dugan Fort E Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, H Y Kennedy Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 135. The following communication was received by the Secretary: 4/2/15 Due to business outside the Senate Chamber, I missed the vote on SB 135. Had I been present, I would have voted yes. /s/ Greg Kirk District 13 The following bill was taken up to consider the Conference Committee Report thereto: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: THURSDAY, APRIL 2, 2015 3751 The Committee of Conference on SB 4 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 4 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Gooch of the 51st /s/ Senator Ginn of the 47th /s/ Senator Beach of the 21st /s/ Representative Hamilton of the 24th /s/ Representative Willard of the 51st /s/ Representative Beskin of the 54th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 4 A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the priority of certain liens regarding assessments for downtown development authorities; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for utility relocation costs associated with certain surface transportation projects; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the formation of a metropolitan planning process for the Atlanta Urbanized Area and Atlanta Air Quality region; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to Chapter 42, relating to downtown development authorities, to read as follows: "36-42-17. A lien for any assessment under Code Section 36-42-16 that relates to any project under subparagraph (B) of paragraph (6) of Code Section 36-42-3 shall have the same priority as municipal liens under paragraph (4) of subsection (b) and subparagraph (g)(2)(B) of Code Section 48-2-56." 3752 JOURNAL OF THE SENATE SECTION 2. Said title is further amended by revising paragraphs (17) and (19) through (22) and adding two new paragraphs to Code Section 36-61-2, relating to definitions relative to urban redevelopment for counties and municipal corporations, as follows: "(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area or portion thereof, in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen or increase density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities or improvements, including, but not limited to, surface transportation projects; (C) Installation, construction, or reconstruction of streets, transit facilities and improvements, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan." "(19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, transit facilities, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other public facilities and improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. (20) 'Sponsoring local government' means the municipality or county which approves and is, directly or indirectly, providing the greatest percentage of the public funding, exclusive of federal funding, for a surface transportation project. (21) 'Surface transportation project' means a project for public improvement and any related public facilities which is planned to impact 10,000 or more acres and at least ten transit miles within the area of operation of the sponsoring local government, including any related facilities, systems, parks, trails, streets, greenspace, and any other integrated public or private development features included within any adopted THURSDAY, APRIL 2, 2015 3753 infrastructure or transportation plan, urban redevelopment plan, strategic implementation plan, redevelopment plan, workable programs, or comprehensive plans; provided that the location of such surface transportation project is wholly within a county or counties that have approved a referendum pursuant to Section 24 of an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; and provided, further, that the project is within one-half mile of a transportation/communications/utilities corridor, which has been designated by the local governing body on or before January 1, 2015, or within the boundaries of a tax allocation district authorized under the provisions of Chapter 44 of this title in effect as of January 1, 2015. (22) 'Urban redevelopment area' means a slum area which the local governing body designates as appropriate for an urban redevelopment project. (21)(23) 'Urban redevelopment plan' means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall: (A) Conform to the general plan for the municipality or county as a whole; and (B) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban redevelopment area; zoning and planning changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (22)(24) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums and may involve slum clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, the implementation of public improvements, including, but not limited to, surface transportation projects, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such the following purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities." 3754 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by revising Code Section 36-61-4, relating to the encouragement of private enterprise in urban redevelopment, as follows: "36-61-4. (a) A municipality or county, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. A municipality or county shall give consideration to this objective in exercising its powers under this chapter, including: the formulation of a workable program; the approval of urban redevelopment plans consistent with the general plan for the municipality or county; the adoption and enforcement of ordinances as provided for in Code Section 36-61-11; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements. (b) Notwithstanding anything in this chapter or other provisions of law to the contrary, and in order to give effect to the encouragement of private enterprise contemplated in this Code section, the following shall apply to contracts and agreements for surface transportation projects entered into pursuant to this chapter: (1) In addition to other methods of procurement authorized by law, the sponsoring local government, urban redevelopment agency, or other governing body shall be authorized to utilize the procedures of this chapter to provide for the planning, design, finance, construction, acquisition, leasing, operation, and maintenance of surface transportation projects. The provisions of this chapter shall be an alternative to such other methods to be exercised at the option of each sponsoring local government or public body; (2) One or more public bodies may participate in the consideration and implementation of a surface transportation project at the discretion of the sponsoring local government. Where more than one public body agrees to participate in the consideration or implementation of a surface transportation project, the participants may designate one or more representatives of each such participating public body, as agreed to by the sponsoring local government or the urban redevelopment agency; (3)(A) An urban redevelopment agency designated by the sponsoring local government may evaluate a project to determine the appropriate or desirable levels of public and private participation in planning, designing, financing, constructing, operating, maintaining, or facilitating, or any combination thereof, for the execution of such project. Such urban redevelopment agency may designate a public nonprofit, private corporation, body, or entity to perform this function and to otherwise perform the activities contemplated in this Code section. (B) A sponsoring local government or an urban redevelopment agency shall be authorized to issue, individually or in sequenced stages, written requests for expressions of interest, qualifications, or proposals, or any combination thereof, or THURSDAY, APRIL 2, 2015 3755 other similar methods of procurement or solicitation. Such requests shall indicate the scope of the project, the proposed public and private financial participation in the project, including, but not limited to, the rights, responsibilities, obligations, revenue sharing features, any lease, license, availability or other payment rights, and any other allocations of interests and federal and state income tax benefits in respect of real and personal property relating to a project. Such requests shall include the factors to be used in evaluating responses, the relative importance of any applicable evaluation factors, and other contractual terms and conditions expected, including any unique capabilities or qualifications that will be required of respondents, as determined in the sole discretion of the designated representative of the sponsoring local government. Public notice of such requests shall be made at least 30 days prior to the date set for the release of said request by posting a legal notice on the websites and weekly in the legal organ of the sponsoring local government and the public body implementing the project, in substantially the same manner utilized by such public bodies in order to solicit requests for proposals, with a copy of such notice provided simultaneously to each affected public body. (C)(i) The public body implementing the project and the sponsoring local government, with the participation of any designated representatives of other participating public bodies as determined by the sponsoring local government, may engage in individual discussions and interviews with each respondent deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation as called for in such request. Repetitive interviews may be conducted. Any such interviews shall be deemed to be a part of the procurement process. (ii)(I) At the conclusion of the final stage, on the basis of evaluation factors published in the request and all information developed in the selection process, the public body implementing the surface transportation project, in an open and public meeting subject to the provisions of Chapter 14 of Title 50, shall rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. (II) After ranking the proposals, the public body implementing the project shall begin negotiations with the first ranked private entity. If such public body and first ranked private entity do not reach a comprehensive agreement or interim agreement, such public body may conduct negotiations with the next ranked private entity. Such process shall continue until such public body either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. Negotiations conducted with one or more selected respondent pursuant to this Code section shall continue to be deemed an active procurement until the execution of the final, definitive agreement with the selected respondent or respondents. (iii) The public body implementing the project shall select for approval the respondent offering the most satisfactory and advantageous contract terms for the 3756 JOURNAL OF THE SENATE project based upon a thorough assessment of any one or more of the following: experience and reputation with similar projects; engineering and design quality; value; projected savings during, before, or after construction; and the ability of the final project's characteristics to meet the goals of the sponsoring local government, consistent with applicable plans and programs. The fair market value of any property included as a part of the procurement may be based on the consideration of the above factors, but it shall not be less than the initial cost to obtain the property. Before making such selection, the designated representative shall consult in an open and public meeting subject to the provisions of Chapter 14 of Title 50 with the representatives of any participating local governing authority, participating local authority, participating state agency, department, or authority, and affected local government. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request, the implementing public body may award contracts to more than one respondent. Should the implementing public body determine in writing that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the other respondents under consideration, a contract may be negotiated and awarded to that respondent. (iv) Upon approval of the selection by the implementing public body, a contract or contracts not exceeding 50 years in duration may be entered into by the urban redevelopment agency or any one or more of the participating public bodies and the selected respondent or respondents. The private financial data or financial plans which qualify as trade secrets pursuant to Code Section 10-1-761 and paragraph (34) of subsection (a) of Code Section 50-18-72 provided by the respondents shall remain exempt from Code Section 50-18-72 during and after the conclusion of the related selection process. (D) A dispute over the award of a contract under this chapter shall be resolved by the filing of a petition in the superior court of the county in which the sponsoring local government is located within 30 days of the awarding of such contract and shall be determined through the use of a special master appointed by the judge of the superior court of the county in which the sponsoring local government is located. The special master shall not be authorized to enjoin or otherwise delay or suspend the execution of the contract and any work to be performed under such contract. The decision of the special master with regard to such dispute shall be appealable for a de novo review to the superior court of the county in which the sponsoring local government is located within 30 days following the decision of the special master. (E) Nothing in this chapter shall require the designated representatives, the sponsoring local government, the implementing public body, or any participating public body to continue negotiations or discussions arising out of any request or any other procurement initiated under the provisions of this Code section. (F) Every public body shall be authorized to promulgate reasonable rules and regulations to assist in its evaluation of responses and to implement the purposes of THURSDAY, APRIL 2, 2015 3757 this chapter; provided, however, that unsolicited proposals shall not be permitted; (4) No public officer, employee, or member of any participating public body, with respect to contracts of such public body, or the General Assembly shall serve as an agent, lobbyist, or board member for any private entity directly or indirectly under a contract or negotiating a contract provided for by this chapter for one year after leaving his or her position as a public officer, employee, or member of the public body or the General Assembly; and (5) Contracts entered into with a private enterprise in respect to the design, construction, operation, financing, or management of the public components of a surface transportation project shall not constitute the acquisition of property for a private use, nor shall such contracts be deemed a sale, lease, or other disposition of the related interests in property under any provisions of this chapter or other provision of applicable law, and such public components of a surface transportation project shall be deemed a public use for all purposes under applicable provisions of law, including, without limitation, Code Sections 36-61-9 and 36-61-10." SECTION 4. Said title is further amended by revising Code Section 36-61-6, relating to formulation of a workable program for urban redevelopment, as follows: "36-61-6. For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of slums into areas of the municipality or county which are free from slums, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum areas or portions thereof by replanting, removing congestion, providing parks, playgrounds, and other public improvements, including without limitation surface transportation projects, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas or portions thereof." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 36-61-10, relating to the disposal of property in a redevelopment area, as follows: "(b)(1) A municipality or county may dispose of real property in an urban redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe, or as are provided in this subsection or, solely with respect to and for the benefit of advancing surface transportation projects, as 3758 JOURNAL OF THE SENATE provided in Code Section 36-61-4. A municipality or county, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under this Code section, may invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban redevelopment area or any part thereof. The notice shall identify the area or portion thereof and shall state that such further information as is available may be obtained at such office as shall be designated in the notice. The municipality or county shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the municipality or county in the urban redevelopment area. The municipality or county may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter. The municipality or county may execute contracts in accordance with subsection (a) of this Code section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contracts." SECTION 6. Said title is further amended by revising Code Section 36-61-12, relating to the issuance of bonds for urban redevelopment projects, as follows: "36-61-12. (a) A municipality or county shall have power to issue bonds, in its discretion, from time to time, to finance the undertaking of any urban redevelopment project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects and shall also have power to issue refunding bonds for the payment of retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality or county derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this chapter; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban redevelopment projects of the municipality or county under this chapter, and by a mortgage of any such urban redevelopment projects or any part thereof, title to which is in the municipality or, county, or redevelopment agency. (b) Bonds issued under this Code section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and THURSDAY, APRIL 2, 2015 3759 income therefrom, shall be exempted from all taxes. (c) Bonds issued under this Code section shall be authorized by resolution or ordinance of the local governing body. They may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by the resolution of the local governing body or by the trust indenture or mortgage issued pursuant thereto. (d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality or county may determine or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the federal government or to an institution insured by an agency of the federal government at private sale at not less than par and, in the event that less than all of the authorized principal amount of such bonds is sold to the federal government or to an institution insured by an agency of the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality or county, such cost not to exceed the interest cost to the municipality or county of the portion of the bonds sold to the federal government or to an institution insured by an agency of the federal government. All revenue bonds, but not notes or other obligations, issued under this Code section shall be issued and validated under and in accordance with the procedure set forth in Article 3 of Chapter 82 of this title. The provisions of any resolution or ordinance authorizing the issuance of bonds under this Code section shall be a contract with every holder of such bonds and enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (e) If any of the public officials of the municipality or county whose signatures appear on any bonds or coupons issued under this chapter cease to be such officials before the delivery of the bonds, such signatures, nevertheless, shall be valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality or county in connection with an urban redevelopment project, as defined in paragraph (22)(24) of Code Section 36-612, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with this chapter. (g) Any urban redevelopment agency or housing authority which a municipality or county has elected to exercise powers under Code Section 36-61-17 may also issue 3760 JOURNAL OF THE SENATE bonds, as provided in this Code section, in the same manner as a municipality or county, except that such bonds shall be authorized and the terms and conditions thereof shall be prescribed by the commissioners of such urban redevelopment agency or housing authority in lieu of the local governing body." SECTION 7. Said title is further amended by revising subsection (b) of Code Section 36-61-14, related to property exempt from taxes and from levy and sale by virtue of an execution, as follows: "(b) The property of a municipality, or county, or any other public body, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. Such tax exemption shall terminate when the municipality or county sells, leases, or otherwise disposes of property in an urban redevelopment area to a purchaser or lessee who or which is not a public body." SECTION 8. Said title is further amended by revising subsection (a) of Code Section 36-61-16, relating to cooperation by public bodies, as follows: "(a) For the purpose of aiding in the planning, undertaking, or carrying out of an urban redevelopment project located within the area in which it is authorized to act, any public body, upon such terms, with or without consideration, as it may determine, may: (1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality or county; (2) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this Code section; (3) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban redevelopment plan; (4) Lend, grant, or contribute funds to a municipality or county; (5) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or county or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban redevelopment project and other provisions allocating legal responsibility for matters arising under or in connection with transactions entered into pursuant to Code Section 36-61-4; and (6) Cause public buildings and public facilities, including parks, trails, greenspace, playgrounds, recreational, community, education, transit, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places; plan, replan, zone, or rezone any part of the public body or make exceptions from building regulations; and cause THURSDAY, APRIL 2, 2015 3761 administrative and other services to be furnished to the municipality or county. If at any time title to or possession of any urban redevelopment project is held by any public body or governmental agency, other than the municipality or county, which is authorized by law to engage in the undertaking, carrying out, or administration of urban redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this subsection shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the terms 'municipality' and 'county' shall also include an urban redevelopment agency or a housing authority vested with all of the urban redevelopment project powers pursuant to Code Section 36-61-17." SECTION 9. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read as follows: "ARTICLE 12 50-8-280. (a) Contiguous local governments within which lie designated portions of the Atlanta Urbanized Area, as defined in 23 U.S.C. Section 101(a)(37), or air quality nonattainment areas, as identified under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., shall participate in a metropolitan transportation planning process through a metropolitan planning organization established by one or more units of government, or through a metropolitan planning process established through their area regional commission. (b) The metropolitan transportation and air quality planning area for each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall be defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (c) Any unit of government that is participating as a limited member of a metropolitan area planning and development commission for transportation purposes and is located outside the planning area defined by paragraph (1) of subsection (f) of Code Section 508-4 shall be authorized, on or after July 1, 2015, to designate the local area regional commission to serve as the metropolitan planning organization. (d) Any unit of government that is not participating as a limited member of a metropolitan area planning and development commission for transportation purposes shall continue to perform metropolitan planning in accordance with 23 U.S.C. Section 134. (e) Regional commissions and metropolitan area planning and development commissions shall be provided funding by the appropriate state and regional entities to develop a comprehensive transportation and air quality plan for affected local governments within the Atlanta Urbanized Area as defined by the United States Census 3762 JOURNAL OF THE SENATE Bureau and further defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (f) Each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall establish a policy board that shall govern the transportation and air quality planning process for all affected areas, approve plans, and have equal voting representation from affected local governments. (g) In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, the laws defined in this Code section shall control and shall govern the metropolitan transportation planning area funding and planning responsibilities." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Gooch of the 51st moved that the Senate adopt the Conference Committee Report on SB 4. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black C Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Tate C Thompson, B Thompson, C Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 4. THURSDAY, APRIL 2, 2015 3763 Senator Shafer of the 48th moved to suspend the Senate Rules to take HB 650 off the General Calendar and put it upon its passage. There was no objection. HB 650. By Representatives Waites of the 60th, Bruce of the 61st, Gardner of the 57th, Brooks of the 55th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Martin E McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Thompson, C Y Tippins Y Tolleson N Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the passage of the local legislation, the yeas were 46, nays 2. HB 650, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: 3764 JOURNAL OF THE SENATE SB 76. By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the safe operation of a motorcycle or bicycle through an inoperative traffic-control signal; to require drivers of motor vehicles to stop at crosswalks with pedestrian-activated rectangular rapid flash beacons; to make it unlawful to activate such devices when there is no intent to cross a roadway; to remove provisions regarding height of handlebars; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read as follows: "(50.02) 'Rectangular rapid flash beacon' means user-activated amber light emitting diodes (LEDs) that supplement warning signals at unsignalized intersections or midblock crosswalks. Such devices emit an irregular flash pattern and may be activated by pedestrians manually by a push button or passively by a pedestrian detection system. The term shall be interchangeable with LED rapid-flash system, stutter flash, or LED beacons." SECTION 3. Said title is further amended in Code Section 40-6-20, relating to obedience to trafficcontrol devices, by revising subsections (a) and (e) as follows: "(a) The driver of any vehicle shall obey the instructions of an official traffic-control THURSDAY, APRIL 2, 2015 3765 device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code section." "(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected. (2) If a driver has stopped pursuant to the instructions of a traffic-control device and has a reasonable belief that the traffic-control device or signal is inoperative due to the lightweight design of his or her motorcycle or bicycle, the driver may disregard or disobey the instructions of the traffic-control device or signal and proceed through the intersection, provided that: (A) There is no other motor vehicle within 500 feet approaching or entering the same intersection from a different highway, or from the same highway approaching or entering the intersection from the opposite direction; and (B) The driver cautiously proceeds through the intersection with reasonable care and consideration for all other applicable rules of the road. Nothing in this paragraph shall restrict the permissibility of a driver to make a right turn as provided for in paragraph (3) of subsection (a) of Code Section 40-6-21. (3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall maintain the burden of proving that he or she acted in accordance with paragraph (2) of this subsection. Such driver's cause or proximate cause of an accident while acting or purporting to act pursuant to paragraph (2) of this subsection shall be primafacie evidence that such driver did not exercise the requisite level of caution, care, or consideration required for compliance with the law. (4) As used in this subsection, the term 'reasonable belief' means the belief of a reasonable person in consideration of the conditions of his or her stop, including but not limited to the number of seconds he or she has been stopped or the number of signal changes he or she has observed of the traffic-control device or signal which did not include a change of instruction to him or her." SECTION 4. Said title is further amended by revising Code Section 40-6-91, relating to right of way in crosswalks, as follows: "40-6-91. (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, 'half of the roadway' means all traffic lanes 3766 JOURNAL OF THE SENATE carrying traffic in one direction of travel. (b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when an approved rectangular rapid flash beacon or similar device has been activated. (c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield. No pedestrian shall manually activate or intentionally cause to be activated a rapid flash beacon or similar device at a crosswalk unless such person intends to cross a roadway. (c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92. (d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle." SECTION 5. Said title is further amended by revising Code Section 40-6-314, relating to footrests and handlebars, as follows: "40-6-314. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Jackson of the 24th moved that the Senate agree to the House substitute to SB 76. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport N Dugan Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B THURSDAY, APRIL 2, 2015 3767 Y Fort Ginn N Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 76. The following message was received from the House through Mr. Reilly, 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 152. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; 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 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. 3768 JOURNAL OF THE SENATE HB 268. HB 339. HB 426. HB 436. HB 552. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, Peake of the 141st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd 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 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 an effective date; to repeal conflicting laws; and for other purposes. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to THURSDAY, APRIL 2, 2015 3769 the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 568. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 4. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 88. By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the 3770 JOURNAL OF THE SENATE payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card account; to provide for a definition; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-7-2, relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employer, as follows: "34-7-2. (a) As used in this Code section, the term 'payroll card account' means an account that is directly or indirectly established through a person, firm, or corporation employing wageworkers or other employees and to which electronic fund transfers of the wages or salary of such employees are made on a recurring basis, whether the account is operated or managed by such person, firm, or corporation or a third-party payroll processor, a depository institution, or any other person. (b) Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of department departments who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, or (3) with the consent of the employee, by authorization of electronic credit transfer to his or her account with a bank, trust company, or other financial institution authorized by the United States or one of the THURSDAY, APRIL 2, 2015 3771 several states to receive deposits in the United States, or (4) by credit to a payroll card account. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made. (c) A person, firm, or corporation that elects pursuant to subsection (b) of this Code section to make wage and salary payments by using credit to a payroll card account shall provide the employee with each of the following: (1) A written explanation of any fees associated with the payroll card account offered to the employee. For all employees employed on the date a person, firm, or corporation elects to make such wage and salary payments by using credit to a payroll card account, such written explanation shall be provided at least 30 days prior to the date such payroll card account is to become available. For any employee hired after the date of such election, the written explanation shall be provided at the time of hiring. A form shall be provided simultaneously with the written explanation of fees allowing employees to opt out of receiving such payments as credit to a payroll card account as provided in paragraphs (2) and (3) of this subsection. Such form shall also be made generally available to employees; (2) The ability to opt out of receiving such payments as credit to a payroll card account by submitting in writing a request for a check; and (3) The ability to opt out of receiving such payments as credit to a payroll card account by providing the proper designation and authorization for an electronic credit transfer." 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 Jones of the 25th moved that the Senate agree to the House substitute to SB 88. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James N Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer 3772 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Davenport Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Sims Y Stone Tate C Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 88. The following bill was taken up to consider House action thereto: SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to provide for administrative fees for drivers failing to pay the appropriate tolls; to provide for notice; to provide for permitted uses of funds collected through tolls; to provide for sales tax exemptions for the authority; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to THURSDAY, APRIL 2, 2015 3773 provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; 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 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended in Code Section 32-10-64, relating to general toll powers, police powers, and rules and regulations, by revising subsection (a) and paragraph (1) of subsection (c) as follows: "(a)(1) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it, the department, or local governing authority shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of all projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project in which the repayment of financing is the primary or exclusive purpose for the exercise of the toll power of the authority. (2) For the purpose of managing the flow of traffic, the authority is authorized and empowered to collect tolls on each and every project which it, the department, or local governing authority shall cause to be constructed in which managing the flow of traffic is the primary or exclusive purpose. It is found, determined, and declared that the necessities of managing the flow of traffic are such that the authority is charged with the responsibility of taking into consideration value pricing and lane management as those terms are described in subsection (d) of Code Section 40-6-54 in determining toll charges on such projects." "(c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of up to $25.00 per violation to 3774 JOURNAL OF THE SENATE recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. The authority or its authorized agent may provide subsequent notices to the registered owner of a vehicle if such owner fails to respond to the initial notice. The administrative fee may increase with each notice, provided that such fee shall not exceed a cumulative total of $25.00 per violation. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice notices, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority." SECTION 2. Said article is further amended by revising Code Section 32-10-65, relating to fixing, revising, charging, and collecting tolls and the use and disposition of tolls, as follows: "32-10-65. The authority is authorized to fix, revise, charge, and collect tolls for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of THURSDAY, APRIL 2, 2015 3775 bondholders; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. Notwithstanding any provision of this article to the contrary, if the repayment of financing is not the primary or exclusive purpose for the exercise of the authority's toll power, the authority shall not be required to issue or have outstanding bonds or other indebtedness in respect to a project in order to fix, revise, charge, enforce, or collect tolls for such project. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any." SECTION 3. Said article is further amended by revising Code Section 32-10-109, relating to covenant with holders as to tax-exempt status of authority property and bonds, as follows: "32-10-109. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article; and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or upon any fees, tolls, or other charges for the use of such projects or upon other income received by the authority. The bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The tax exemption provided for in this chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority." SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read as follows: "(25.2) 'Managed lane' means a designated lane or series of designated lanes which utilize tolls payable to the State Road and Tollway Authority and which may use other lane management strategies in order to manage the flow of traffic. Such additional lane management strategies may include, but are not limited to, value pricing, vehicle occupancy requirements, or vehicle type restrictions, or any combination thereof." SECTION 5. Said title is further amended by adding a new Code section to read as follows: "40-6-28. (a) The department may install gates, signs, or barriers, or any combination thereof, to restrict access to managed lanes. 3776 JOURNAL OF THE SENATE (b) No person shall drive any vehicle through, around, or under any barrier or closed or moving gate of a managed lane. (c) No vehicle shall enter or exit a managed lane at any point other than designated entry or exit points unless directed by authorized emergency personnel." 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 Beach of the 21st moved that the Senate agree to the House substitute to SB 125. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson E Williams, M Y Williams, T On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 125. Senator Dugan of the 30th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 3777 SB 59. By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for definitions; to provide guidelines for projects; to create the Partnership for Public Facilities and Infrastructure Act Guidelines Committee and to provide for its membership, terms, allowances, duties, and support; to provide for the manner by which projects may be initiated; to provide for the approval process for projects; to provide for evaluation criteria and review; to provide for agreements; to provide for default and remedies; to provide for financing and grants; to provide for service contracts; to provide for the dedication of certain property interests; to provide for sovereign immunity; to provide for police powers; to provide for application of open meetings and open records laws; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Partnership for Public Facilities and Infrastructure Act." SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article to Chapter 91, relating to public works bidding, to read as follows: "ARTICLE 5 36-91-110. As used in this article, the term: (1) 'Comprehensive agreement' means the written agreement between the private entity and the local government required by Code Section 36-91-115. 3778 JOURNAL OF THE SENATE (2) 'Develop' or 'development' means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand. (3) 'Local authority' means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality. (4) 'Local government' means any county, municipality, consolidated government, or board of education. (5) 'Private entity' means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. (6) 'Qualifying project' means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving: (A) The generation of electric energy for sale pursuant to Chapter 3 of Title 46; (B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46; (C) Cable and video services pursuant to Chapter 76 of this title; or (D) Water reservoir projects as defined in paragraph (10) of Code Section 12-5471, which shall be governed by Article 4 of this chapter. (7) 'Revenue' means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project. (8) 'Unsolicited proposal' means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government. 36-91-111. (a) The Partnership for Public Facilities and Infrastructure Act Guidelines Committee is established to prepare model guidelines for local governments in the implementation of this article. (b) The committee shall be composed of ten persons. Except for the local government officials or staff appointed to the committee, each committee member shall have subject matter expertise in architecture, construction management, engineering, finance, or real estate development. These appointments shall be made as follows: (1) The following members shall be appointed by the Governor: (A) One member or employee of a county governing authority; (B) One member or employee of a municipal governing authority; (C) One member or employee of a local board of education; and (D) One licensed member of the State Bar of Georgia with expertise in representing local government in public works construction. (2) The following members shall be appointed by the Speaker of the House of Representatives, provided that one of these appointees shall have expertise in working with local government: THURSDAY, APRIL 2, 2015 3779 (A) One member of the business community with expertise in construction management employed by a firm with less than $25 million in annual revenue; (B) One member of the business community who is a licensed architect; and (C) One member of the business community with expertise in real estate development; and (3) The following members shall be appointed by the Lieutenant Governor, provided that one of these appointees shall have expertise in working with local government: (A) One member of the business community with expertise in construction management employed by a firm with more than $25 million in annual revenue; (B) One member of the business community who is a licensed professional engineer; and (C) One member of the business community with expertise in finance. (c) The terms of these committee appointments shall be for two years. At least three of these appointees shall reside outside of the metropolitan Atlanta area. The appointments shall be made as soon as feasible, but not later than August 1, 2015. The committee shall meet once a month or as needed and shall issue model guidelines to local governments no later than July 1, 2016. Such guidelines shall be updated every two years. The members of the committee shall elect a chairperson and a vice chairperson who shall serve for two-year terms in such office. (d) 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. (e) Staff support shall be provided by the Department of Administrative Services, the Governor's office, and the Office of Planning and Budget. 36-91-112. (a) Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either: (1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act Guidelines Committee; or (2) Its own guidelines as a policy, rule, regulation, or ordinance, which shall contain each of the factors identified in subsection (b) of this Code section. (b) The model guidelines shall include, at a minimum, the following: (1) The period of time each calendar year when the local government will consider receiving, processing, reviewing, or evaluating unsolicited proposals for qualifying projects, and such limited time period shall be established within the sole discretion of the local government; (2) Procedures for the financial review and analysis of an unsolicited proposal that may include: (A) A cost-benefit analysis; (B) Evaluation of the public need for or benefit derived from the qualifying project; (C) Evaluation of the estimated cost of the qualifying project for reasonableness in 3780 JOURNAL OF THE SENATE relation to similar facilities; (D) Evaluation of the source of funding for the project; (E) Consideration of plans to ensure timely development or operation; (F) Evaluation of risk sharing, including cost or completion guarantees, added value, or debt or equity investments by the private entity; and (G) Consideration of any increase in funding, dedicated revenue source, or other economic benefit that would not otherwise be available; (3) Criteria for determining any fees authorized in Code Section 36-91-113 that the local government elects to charge the private entity for the processing, review, and evaluation of an unsolicited proposal; (4) A requirement for the issuance of a request for proposals upon a decision by the local government to proceed with a qualifying project pursuant to an unsolicited proposal; (5) Procedures for posting and publishing notice of the opportunity to offer competing proposals; (6) Procedures for the processing, review, and consideration of competing proposals, and the period for the processing, review, and consideration of competing proposals shall not be less than 90 days; (7) Procedures for determining whether information included in an unsolicited proposal shall be released as part of any request for proposals to ensure fair competition; and (8) Procedures for identifying and appointing an independent owner adviser to the local government with expertise in architecture, engineering, or construction management to assist in the evaluation of an unsolicited proposal and to serve as owner adviser to the local government if the local government chooses to pursue any ensuing solicited bid process. The local government shall not be obligated to engage such services. 36-91-113. (a) If a local government adopts a rule, regulation, or ordinance affirming its participation in the process created in this article, a private entity may submit an unsolicited proposal for a project to the local government for review and determination as a qualifying project in accordance with the guidelines established by the local government. Any such unsolicited proposal shall be accompanied by the following material and information: (1) A project description, including the location of the project, the conceptual design of such facility or facilities, and a conceptual plan for the provision of services or technology infrastructure; (2) A feasibility statement that includes: (A) The method by which the private entity proposes to secure any necessary property interests required for the project; (B) A list of all permits and approvals required for the project from local, state, or federal agencies; and THURSDAY, APRIL 2, 2015 3781 (C) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings; (3) A schedule for the initiation and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the local government and private entity as well as a proposed schedule for obtaining the permits and approvals required in subparagraph (B) of paragraph (2) of this subsection; (4) A financial plan setting forth the private entity's general plans for financing the project, including the sources of the private entity's funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; a description of user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Code Section 36-91-115; and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; (5) A business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data; (6) The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal; and (7) Such additional material and information as the local government may reasonably request. (b) For any unsolicited proposal of the development of a project received by a local government, the local government may charge and retain a reasonable fee to cover the costs of processing, reviewing, and evaluating the unsolicited proposal, including, without limitation, reasonable attorney's fees and fees for financial, technical, and other necessary advisers or consultants. (c) The local government may reject any proposal or unsolicited proposal at any time and shall not be required to provide a reason for its denial. If the local government rejects a proposal or unsolicited proposal submitted by a private entity, it shall have no obligation to return the proposal, unsolicited proposal, or any related materials following such rejection. (d) A private entity assumes all risk in submission of a proposal or unsolicited proposal in accordance with subsections (a) and (b) of this Code section, and a local government shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project. 36-91-114. (a) The local government may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 36-91-113 as a qualifying project. Determination by the local government of a qualifying project shall not bind the local government or the private entity to proceed with the qualifying project. 3782 JOURNAL OF THE SENATE (b) Upon the local government's determination of a qualifying project as provided in subsection (a) of this Code section, the local government shall: (1) Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and (2) Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals. (c) When the time for receiving proposals expires, the local government shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The local government shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include: (1) The proposed cost of the qualifying project; (2) The general reputation, industry experience, and financial capacity of the private entity; (3) The proposed design of the qualifying project; (4) The eligibility of the facility for accelerated selection, review, and documentation timelines under the local government's guidelines; (5) Benefits to the public; (6) The private entity's compliance with a minority business enterprise participation plan; (7) The private entity's plans to employ local contractors and residents; and (8) Other criteria that the local government deems appropriate. (d) After ranking the proposals, the local government shall begin negotiations with the first ranked private entity. If the local government and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the local government may conduct negotiations with the next ranked private entity. This process shall continue until the local government either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. (e) At any time during the process outlined in this Code section but before the full execution of a comprehensive agreement, the local government may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever. (f) Nothing in this article shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the local government to take action that would impact the debt capacity of the State of Georgia or any local government. The credit of this state shall not be pledged or loaned to any private entity. The local government shall not loan money to the private entity in order to finance all or a portion of the qualifying project. A multiyear lease entered into by a local government which is not terminable at the end of each fiscal year during the term of the lease shall be considered a debt of the local government which enters into such lease, and such lease shall apply against the debt limitations of the local government. THURSDAY, APRIL 2, 2015 3783 36-91-115. (a) The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and schedules for the completion of the qualifying project; (3) Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract; (4) Any reimbursements to be paid to the local government for services provided by the local government; (5) A process for the review of plans and specifications for the qualifying project by the local government and approval by the local government if the plans and specifications conform to reasonable standards acceptable to the local government; (6) A process for the periodic and final inspection of the qualifying project by the local government to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement; (7) Delivery of performance and payment bonds in the amounts required in Code Sections 36-91-70 and 36-91-90 and in a form acceptable to the local government for those components of the qualifying project that involve construction, and surety bonds, letters of credit, or other forms of security acceptable to the local government for other phases and components of the development of the qualifying project; (8) Submission of a policy or policies of public liability insurance, copies of which shall be filed with the local government accompanied by proofs of coverage, or selfinsurance, each in form and amount satisfactory to the local government and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; (9) A process for monitoring the practices of the private entity by the local government to ensure that the qualifying project is properly maintained; (10) The filing of appropriate financial statements to the local government on a periodic basis; and (11) Provisions governing the rights and responsibilities of the local government and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the local government and the transfer or purchase of property or other interests of the private entity by the local government, including provisions compliant with state constitutional limitations on public debt by the local government. Such policies and procedures shall be consistent with Code Section 36-91-116. (b) The comprehensive agreement may include such other terms and conditions that the local government determines will serve the public purpose of this article and to which the private entity and the local government mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority 3784 JOURNAL OF THE SENATE and duties of the private entity under this article shall cease and the qualifying project is dedicated to the local government for public use. (c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment. (d) The comprehensive agreement may provide for the development of phases or segments of the qualifying project. 36-91-116. (a) In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 36-91-115. (b) The local government may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project subject to statutory limitations on the availability of future appropriated or otherwise unobligated funds. (c) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this article. Any local government having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner. (d) In the event the local government elects to take over a qualifying project pursuant to subsection (b) of this Code section, the local government may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof. 36-91-117. All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a local government elects to proceed under this article. 36-91-118. Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project. THURSDAY, APRIL 2, 2015 3785 36-91-119. (a) Local governments that proceed with procurement pursuant to competitive sealed bidding as defined in Code Section 36-91-2, or any other purchasing options available under current law, shall not be required to comply with this article. (b) Nothing in this article shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof. (c) Nothing in this article shall abrogate the obligations of a local government or private entity to comply with the public meetings requirement in accordance with Chapter 14 of Title 50 or to disclose public information in accordance with Article 4 of Chapter 18 of Title 50." SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows: "CHAPTER 5C 50-5C-1. As used in this chapter, the term: (1) 'Affected local jurisdiction' means any county, municipality, or school district in which all or a portion of a qualifying project is located. (2) 'Comprehensive agreement' means the written agreement between the private entity and the responsible public entity required by Code Section 50-5C-5. (3) 'Develop' or 'development' means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand. (4) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (5) 'Private entity' means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. (6) 'Public entity' means a department, agency, board, bureau, commission, authority, or instrumentality of the State of Georgia, including the Board of Regents of the University System of Georgia as well as a local government or local authority. (7) 'Qualifying project' means any project submitted by a private entity as an unsolicited proposal in accordance with this chapter and subsequently reviewed and approved by a responsible public entity, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving: (A) The generation of electric energy for sale pursuant to Chapter 3 of Title 46; (B) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46; (C) Cable and video services pursuant to Chapter 76 of Title 36; or (D) Water reservoir projects as defined in paragraph (10) of Code Section 12-5- 3786 JOURNAL OF THE SENATE 471, which shall be governed by Article 4 of Chapter 91 of Title 36. (8) 'Responsible public entity' means a public entity that has the power to contract with a private entity to develop an identified qualifying project. For any unsolicited proposal for a project at one or more institutions of the University System of Georgia, the responsible public entity shall be the Board of Regents of the University System of Georgia or its designees. For any unsolicited proposal for a project for one or more state government entities, other than an institution of the University System of Georgia, the responsible public entity shall be the State Properties Commission. (9) 'Revenue' means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project. (10) 'Unsolicited proposal' means a written proposal for a qualifying project that is received by a responsible public entity and is not in response to any request for proposal issued by a responsible public entity. 50-5C-2. For any qualifying project undertaken by the State Properties Commission, the Georgia State Financing and Investment Commission shall be solely authorized to develop guidelines for this process. For any qualifying project undertaken by the University System of Georgia, the Board of Regents of the University System of Georgia shall be solely authorized to develop guidelines for this process. 50-5C-3. (a) Between May 1 and June 30 of each year, a private entity may submit an unsolicited proposal for a project to the responsible public entity for review and determination as a qualifying project in accordance with the guidelines established by Code Section 505C-2. Any such unsolicited proposal shall be accompanied by the following material and information: (1) A project description, including the location of the project, the conceptual design of such facility or facilities, and a conceptual plan for the provision of services or technology infrastructure; (2) A feasibility statement that includes: (A) The method by which the private entity proposes to secure any necessary property interests required for the project; (B) A list of all permits and approvals required for the project from local, state, or federal agencies; and (C) A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings; (3) A schedule for the initiation and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity as well as a proposed schedule for obtaining the permits and approvals required in subparagraph (B) of paragraph (2) of this subsection; (4) A financial plan setting forth the private entity's general plans for financing the project, including the sources of the private entity's funds and identification of any THURSDAY, APRIL 2, 2015 3787 dedicated revenue source or proposed debt or equity investment on behalf of the private entity; a description of user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Code Section 50-5C-5; and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time; (5) A business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data; (6) The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal; and (7) Such additional material and information as the responsible public entity may reasonably request. (b) For any unsolicited proposal for the development of a project received by a responsible public entity, the private entity shall reimburse the responsible public entity for the actual costs incurred to process, review, and evaluate the unsolicited proposal, including, without limitation, reasonable attorney's fees and fees for financial, technical, and other necessary advisers or consultants. (c) Any private entity submitting an unsolicited proposal under subsection (a) of this Code section to a responsible public entity shall also notify each affected local jurisdiction by furnishing a copy of its unsolicited proposal to each affected local jurisdiction. (d) Each affected local jurisdiction that is not a responsible public entity for the respective project may, within 45 days after receiving such notice, submit any comments regarding the unsolicited proposal it may have in writing to the responsible public entity and indicate whether the project is compatible with local plans and budgets. A project shall be consistent with zoning and land use regulations of the responsible public entity and each affected local jurisdiction. (e) The responsible public entity may reject any proposal or unsolicited proposal at any time and shall not be required to provide a reason for its denial. If the responsible public entity rejects a proposal or unsolicited proposal submitted by a private entity, it shall have no obligation to return the proposal, unsolicited proposal, or any related materials following such rejection. (f) A private entity assumes all risks in submission of a proposal or unsolicited proposal in accordance with subsections (a) and (b) of this Code section, and a responsible public entity shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project. 50-5C-4. (a) The responsible public entity may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 50-5C-3 as a qualifying project. 3788 JOURNAL OF THE SENATE Determination by the responsible public entity of a qualifying project shall not bind the responsible public entity or the private entity to proceed with the qualifying project. (b) Upon the responsible public entity's determination of a qualifying project as provided in subsection (a) of this Code section, the responsible public entity shall: (1) Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and (2) Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals. (c) When the time for receiving proposals expires, the responsible public entity shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The responsible public entity shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include: (1) The proposed cost of the qualifying project; (2) The general reputation, industry experience, and financial capacity of the private entity; (3) The proposed design of the qualifying project; (4) The eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity's guidelines; (5) Benefits to the public; (6) The private entity's compliance with a minority business enterprise participation plan; (7) The private entity's plans to employ local contractors and residents; and (8) Other criteria that the responsible public entity deems appropriate. (d) After ranking the proposals, the responsible public entity shall begin negotiations with the first ranked private entity. If the responsible public entity and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the responsible public entity may conduct negotiations with the next ranked private entity. This process shall continue until the responsible public entity either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. (e) At any time during the process outlined in this Code section but before full execution of a comprehensive agreement, the responsible public entity may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever. (f) Nothing in this chapter shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the State of Georgia. The credit of this state shall not be pledged or loaned to any private entity. The responsible public entity shall not loan money to the private entity in order to finance all or a portion of the qualifying project. All power or authority granted by this chapter to public entities shall be in addition to and THURSDAY, APRIL 2, 2015 3789 supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. A multiyear lease entered into by the state as lessee under this Code section which is not terminable at the end of each fiscal year during the term of the lease shall be subject to and comply with the provisions of Code Section 50-16-41, specifically including compliance with any multiyear contract value authority adopted by the Georgia State Financing and Investment Commission for each fiscal year. 50-5C-5. (a) The comprehensive agreement entered into between the responsible public entity and the private entity selected in accordance with this chapter shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and schedules for the completion of the qualifying project; (3) Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract; (4) Any reimbursements to be paid to the responsible public entity for services provided by the responsible public entity; (5) A process for the review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to reasonable standards acceptable to the responsible public entity; (6) A process for the periodic and final inspection of the qualifying project by the responsible public entity to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement; (7) Delivery of performance and payment bonds in the amounts required in Code Sections 13-10-40, 13-10-41, and 13-10-60 and in a form acceptable to the responsible public entity for those components of the qualifying project that involve construction, and bonds, letters of credit, or other forms of security acceptable to the responsible public entity for other phases and components of the development of the qualifying project; (8) Submission of a policy or policies of public liability insurance, copies of which shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; (9) A process for monitoring the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained; (10) The filing of appropriate financial statements to the responsible public entity on a periodic basis; and 3790 JOURNAL OF THE SENATE (11) Provisions governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity, including provisions compliant with state constitutional limitations on public debt. (b) The comprehensive agreement may include such other terms and conditions that the responsible public entity determines will serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity. (c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment. (d) The comprehensive agreement may provide for the development of phases or segments of the qualifying project. 50-5C-6. (a) In the event of a material default by the private entity, the responsible public entity may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 50-5C-5 in accordance with Code Sections 13-10-40 through 13-10-65. (b) The responsible public entity may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project. (c) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this chapter. Any responsible public entity having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner. (d) In the event the responsible public entity elects to take over a qualifying project pursuant to subsection (b) of this Code section, the responsible public entity may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof. 50-5C-7. All power or authority granted by this chapter to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general THURSDAY, APRIL 2, 2015 3791 or special law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. 50-5C-8. Nothing in this chapter shall be construed as or deemed a waiver of the sovereign or official immunity of any responsible public entity or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project. 50-5C-9. Any law enforcement officers of the public entity shall have the same powers and jurisdiction within the portion of such qualifying project as they have in their respective areas of jurisdiction, and such law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising such powers and jurisdiction. 50-5C-10. (a) Responsible public entities that proceed with procurement pursuant to competitive sealed bidding pursuant to Code Section 50-5-67, or any other purchasing options available to them under current law, shall not be required to comply with this chapter. (b) Nothing in this chapter shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof. (c) Nothing in this chapter shall abrogate the obligations of a responsible public entity or private entity to comply with the public meetings requirement in accordance with Chapter 14 of this title or to disclose public information in accordance with Article 4 of Chapter 18 of this title." 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 Hill of the 6th moved that the Senate agree to the House substitute to SB 59. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach N Bethel Y Hill, Jack C Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey 3792 JOURNAL OF THE SENATE Black Y Burke Y Butler N Cowsert N Crane Y Davenport E Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy N Kirk Y Ligon Lucas Martin N McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Thompson, C N Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 40, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 59. The following bill was taken up to consider the Conference Committee Report thereto: HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 520 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 520 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Albers of the 56th /s/ Senator Millar of the 40th Senator Henson of the 41st /s/ Representative Rynders of the 152nd /s/ Representative Brockway of the 102nd /s/ Representative Taylor of the 79th THURSDAY, APRIL 2, 2015 3793 COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 520 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 incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for audits; to provide for homestead exemptions; 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 legislative intent; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of LaVista Hills, Georgia. The City of LaVista Hills, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of LaVista Hills" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. SECTION 1.02. Corporate boundaries. The boundaries of the City of LaVista Hills shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of 3794 JOURNAL OF THE SENATE this charter. Any part of the City of LaVista Hills which is included in the description contained in Appendix A shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5)(A) Condemnation. To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and THURSDAY, APRIL 2, 2015 3795 (B) The city shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; may restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; may control filling, grading, dredging, and other development which may increase flood damage or erosion; may prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; may limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and may protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural 3796 JOURNAL OF THE SENATE flood plain areas; (10) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of city elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) 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 punishments for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect garbage, refuse, and trash collection and disposal and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein that benefit 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; (13) 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; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and to maintain current homestead exemptions of residents of the city as authorized by Acts of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) 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; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, and offices not specified in this charter and commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) 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, THURSDAY, APRIL 2, 2015 3797 program, or venture authorized by this charter or the laws of the State of Georgia; (21) 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; (22) 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 punishments for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricitygenerating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for police and firefighting agencies; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) 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 3798 JOURNAL OF THE SENATE rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as these are not in conflict with valid regulations of the Public Service Commission; (33) 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 punishments for violations of such ordinances; (34) 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) The millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher limit is recommended by resolution of the city council and approved by a majority vote of the qualified voters of the City of LaVista Hills voting on the issue in a referendum; provided that the amount of millage associated with the creation of special tax districts pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia shall not count as part of the 5.00 millage rate limit in this subsection since such millage is already subject to approval by the electors of the city in a separate referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) Notwithstanding the provisions of subparagraph (A) above, the mayor and city council shall be authorized to create a Special Service District fund for the provision of fire and rescue services, to create a Special Service District fund for the provision of solid waste disposal services, and to levy ad valorem taxes on real property not to exceed the average of said taxes levied by DeKalb County for the provision of the same services for the previous five years prior to the cutover of the services; THURSDAY, APRIL 2, 2015 3799 (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the LaVista Hills Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of LaVista Hills to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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. SECTION 1.05. Tourism; conventions; trade shows. The LaVista Hills Convention and Visitors Bureau is hereby created. Reserved. SECTION 1.06. 3800 JOURNAL OF THE SENATE ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of LaVista Hills, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter. (b)(1) The city council of LaVista Hills, Georgia, shall consist of six members plus the mayor. (2) There shall be six council districts, designated Council Districts 1 through 6, as described in Appendix B of this Act, which is attached to and made a part of this charter. (3) One councilmember shall be elected from each of the six Council Districts 1, 2, 3, 4, 5, and 6, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council district for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the council district voting in the election, a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the run-off election. The candidate receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council Districts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 2, 4, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2019. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of LaVista Hills, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a THURSDAY, APRIL 2, 2015 3801 majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election to be held in November, 2019, as provided in subsection (b) of Section 2.02. Thereafter, the successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office, and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. SECTION 2.02. Mayor and councilmembers; terms; qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of LaVista Hills for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of LaVista Hills. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the date of the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and city council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold the position of mayor and may hold a position as a councilmember of any council district shall be limited to two terms. An individual who serves as mayor or serves as a councilmember of any council district for either one term or two consecutive terms may stand for subsequent election of any office other than his or her current elected office. SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city shall not hold other elected or public offices. The elected 3802 JOURNAL OF THE SENATE offices of the city's government shall become vacant upon the member's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office: (1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the city council in a threemonth period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those councilmembers remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those councilmembers remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidates for mayor and city council who receive a majority vote of the qualified electors of the city voting at the elections of the city shall be elected to a term of office. SECTION 2.06. Applicability of general laws; qualifying; other provisions. THURSDAY, APRIL 2, 2015 3803 All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. To the extent not available for provision by the city through the purchasing department, the mayor and each councilmember shall be reimbursed for the reasonable amount of their expenses actually and necessarily incurred by them in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and 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 may be provided by ordinance. SECTION 2.09. Meetings; oath of office; mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered collectively to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of LaVista Hills and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of LaVista Hills. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am 3804 JOURNAL OF THE SENATE otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of LaVista Hills for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of LaVista Hills to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold the position of mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor or two councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the notice of the call shall be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Four members of the city council shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least four affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action, except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If THURSDAY, APRIL 2, 2015 3805 any member of the city council is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved. The mayor shall vote only in the event of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law: (1) Adopt or amend an administrative code or establish, alter, or abolish a department, agency, or office not specified in this charter; (2) Provide for fines or other penalties; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money. SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the City of LaVista Hills as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of LaVista Hills and may enforce such ordinances by imposing penalties for violations thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate 3806 JOURNAL OF THE SENATE offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; "valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any permissible contract or matter pending before or THURSDAY, APRIL 2, 2015 3807 within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies or any member of his or her family shall use property owned by such governmental entity for personal benefit, convenience, or profit. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which he or she is elected. (f) No elected official, appointed officer, or employee of the city or any agency, board, authority, bureau, or any other political entity to which this charter applies nor any member of such person's family, nor any person who has an employment or other personal relationship with such person, may contract with the city, either directly or indirectly or through any entity in which such person has a financial or employment interest, for the provision of goods, professional services, other services, construction or rehabilitation of improvements, or any other procurement request by the city. (g) "Family" shall, for purposes of this section, include the parents, aunts, uncles, nieces, nephews, siblings, spouse, and children of such person and shall also include the parents, siblings, spouses, and children of any of the foregoing family members. SECTION 2.14. Boards, commissions, or authorities. (a) All members of boards, commissions, or authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such term of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, 3808 JOURNAL OF THE SENATE except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginnings of such meetings are neither less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type or italics, or otherwise, are intended as mere catchwords to indicate the contents of the section and: (1) Shall not be deemed or taken to be titles of such sections or as any part of such section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the THURSDAY, APRIL 2, 2015 3809 attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any two members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases, but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in 3810 JOURNAL OF THE SENATE this charter regardless of whether such powers are enumerated in this section of this charter. SECTION 3.02. City manager; appointment and qualification. The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction. SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that this power of appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments, offices, and agencies and all divisions or bureaus created in this charter or that may hereafter be created by the city council, except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that, regardless of the decision of the chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, call the same to the attention of the city attorney, whose duty it THURSDAY, APRIL 2, 2015 3811 shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth day of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. SECTION 3.05. City council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may remove the city manager from office in accordance with the following procedures: 3812 JOURNAL OF THE SENATE (1) The city council shall adopt, by affirmative vote of a majority of all its members, a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The mayor, with the approval of the city council, may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or period of disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate, with the approval of the city council, a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall appoint the city attorney or city attorneys, together with such assistant city attorneys as may be deemed appropriate, subject to confirmation by the city council, and shall provide for the payment of such attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and THURSDAY, APRIL 2, 2015 3813 defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. SECTION 3.09. City clerk. The mayor may appoint a city clerk, subject to confirmation by the city council, to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. City tax collector. The mayor may appoint a city tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The mayor may appoint a city accountant, subject to confirmation by the city council, to perform the duties of an accountant. SECTION 3.12. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but not less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) The provisions of this charter; (2) The applicable city budget; and (3) Applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. 3814 JOURNAL OF THE SENATE The compensation and expenses payable to the mayor and the councilmembers pursuant to Section 2.07 of this charter shall not commence until an internal auditor is appointed by the city council. SECTION 3.13. Consolidation of functions. The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.14. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of LaVista Hills and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of LaVista Hills which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by the judge of such court. In the absence or disqualification THURSDAY, APRIL 2, 2015 3815 of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judges. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval by the city council, and shall take the same oath as the judge. (c) Before entering on the duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge or judge pro tempore shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or shall be removed upon action taken by the state Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is or is likely to become of a permanent character. SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of LaVista Hills and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. 3816 JOURNAL OF THE SENATE (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the costs of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of LaVista Hills, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of LaVista Hills granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judges shall have full power and authority to make reasonable rules and regulations that are necessary and proper to secure the efficient and successful administration of the municipal court. THURSDAY, APRIL 2, 2015 3817 ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance. 3818 JOURNAL OF THE SENATE SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 5.07. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. THURSDAY, APRIL 2, 2015 3819 SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead exceeds the base year assessed value of such homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead 3820 JOURNAL OF THE SENATE exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2017 through 2019. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2020 or any subsequent taxable year. SECTION 5.09. Homestead exemption; senior citizens; disabled. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of LaVista Hills who is disabled or is a senior citizen is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of such homestead. The exemption granted by this subsection shall only be granted if such person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of such property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and THURSDAY, APRIL 2, 2015 3821 that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.10. Homestead exemption; general. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of such homestead. The value of such property in excess of such exempted amount shall remain subject to taxation. 3822 JOURNAL OF THE SENATE (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.11. Homestead exemption; surviving spouses. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" means the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of LaVista Hills and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, THURSDAY, APRIL 2, 2015 3823 shall be granted a homestead exemption from all City of LaVista Hills ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to receive the exemption under this charter effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this charter, the unremarried surviving spouse shall furnish to the governing authority of the City of LaVista Hills, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who, as a member of the armed forces of the United States, was killed or died as a result of any war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of LaVista Hills, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of LaVista Hills, or the designee thereof, deems necessary to determine eligibility for the exemption. An unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of LaVista Hills or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of LaVista Hills, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall 3824 JOURNAL OF THE SENATE apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.12. Homestead exemption; one mill equivalent. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable year. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. THURSDAY, APRIL 2, 2015 3825 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.13. Homestead exemption; Fire Services Tax District HOST Equivalent. (a) As used in this section, the term: (1) "Ad valorem taxes for fire services" means all ad valorem taxes for the purpose of providing fire services levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) In the event that the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County, each resident of the City of LaVista Hills is granted an annual exemption on such person's homestead from City of LaVista Hills ad valorem taxes in a fixed amount equal to the HOST tax credit provided to DeKalb County residences who participate in the Fire Services Special Tax District at a level equal to the average percentage credit for the five years immediately preceding the cutover of fire services. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall receive the homestead exemption granted by subsection (b) of this section provided that the person or person's agent has filed or files an application with the governing authority of the City of LaVista Hills in accordance with subsection (c) of Section 5.10 or subsection (c) of Section 5.12 of this charter giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. No additional homestead exemption form or application is required to grant the homestead exemption under this section. (d) The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. 3826 JOURNAL OF THE SENATE (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning in the year in which the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County. In the event that the transfer of fire services does not coincide with a taxable year end, the homestead exemption shall be prorated in the first year in an amount equal to the percent of the first year in which LaVista Hills provides fire services. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. DeKalb County special services tax district. For the taxable years beginning on or after January 1, 2017, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services assessed by DeKalb County, Georgia, for the LaVista Hills special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168, House Resolution No. 715-1916, Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of LaVista Hills will be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of LaVista Hills for approval or rejection. The superintendent shall set November 3, 2015, as the date of such election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of LaVista Hills in DeKalb County according to the charter contained in the Act and the homestead ( ) NO exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years THURSDAY, APRIL 2, 2015 3827 after the elections if the incorporation is approved, the City of LaVista Hills shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of LaVista Hills to be held in conjunction with and on the date of the 2016 presidential preference primary, the qualified electors of the City of LaVista Hills shall be those qualified electors of DeKalb County residing within the corporate limits of the City of LaVista Hills as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of LaVista Hills shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of LaVista Hills to be held on the date of the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of LaVista Hills and the powers and duties of the governing authority of the City of LaVista Hills. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and, by action of any four members of the governing authority, may meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of LaVista Hills. Accordingly, there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on July 1, 2016. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2016 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of LaVista Hills, responsibility for any such service or function shall be transferred to the City of LaVista Hills. The governing authority of the City of LaVista Hills shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of LaVista Hills is considered removed from the DeKalb County special services tax district. (d) During the transition period, the governing authority of the City of LaVista Hills may generally exercise any power granted by this charter or general law, except to the extent 3828 JOURNAL OF THE SENATE that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of LaVista Hills. Any transfer of jurisdiction to the City of LaVista Hills during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of LaVista Hills may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of LaVista Hills commencing to exercise its planning and zoning powers, the Municipal Court of the City of LaVista Hills shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall have control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of LaVista Hills shall be a fully functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before November 3, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after November 3, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this charter. THURSDAY, APRIL 2, 2015 3829 SECTION 6.05. Charter commission. Not later than five years after the inception of the City of LaVista Hills, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by each member of the city council, and one member appointed by a vote of the members of the Georgia House of Representatives and Georgia Senate whose districts lie wholly or partially within the corporate boundaries of the City of LaVista Hills. All members of the charter commission shall reside in the City of LaVista Hills. The charter commission shall complete the recommendations within the time frame required by the city council. SECTION 6.06. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.07. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6.08. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA The corporate limits of the City of LaVista Hills shall include the areas specified as follows; provided, however, that any part of the City of LaVista Hills which is included 3830 JOURNAL OF THE SENATE in the description shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015: Plan: LaVista Hills-SD040-p1(corp)-2015 Plan Type: Local Administrator: S040 User: bak District LAVISTAHILLS DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2027 021809: 3000 3001 3002 3003 3004 3005 3006 3007 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705: 3006 3007 3010 3011 3012 3013 THURSDAY, APRIL 2, 2015 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 2000 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 3831 3832 JOURNAL OF THE SENATE 021812: 2000 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1011 1013 1014 1015 1016 1017 1018 1019 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 For the purposes of this description, 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 the 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. THURSDAY, APRIL 2, 2015 APPENDIX B LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA Plan: LaVista Hills-SD040-p1(dist)-2015 Plan Type: Local Administrator: SD040 User: bak District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1011 1013 1014 1015 1016 1017 1018 1019 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 3833 3834 JOURNAL OF THE SENATE District 002 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024 District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 THURSDAY, APRIL 2, 2015 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605: 3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 1000 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1018 VTD: 089MW - MIDVALE ROAD 021810: 1003 1004 1005 1006 1007 1008 1009 1010 District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1023 1024 1037 1038 1039 1040 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 3835 3836 JOURNAL OF THE SENATE 021605: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH 021703: 1015 1016 1017 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3013 3016 VTD: 089OA - OAK GROVE ELEM VTD: 089SA - SAGAMORE HILLS District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 2000 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 District 006 DeKalb County VTD: 089CJ - CLAIRMONT HILLS 021602: THURSDAY, APRIL 2, 2015 3837 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 VTD: 089ND - NORTHLAKE 021704: 3012 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK For the purposes of this plan (LaVista Hills-SD040-p1(dist)-2015): (1) 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; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-SD040-p1(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD040-p1(dist)-2015) 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; and 3838 JOURNAL OF THE SENATE (5) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-SD040-p1(dist)-2015) as being included in a particular district shall nevertheless not be included within such district if such area was annexed into another corporate boundary before March 2, 2015. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Tom Taylor, Georgia State House Representative from the 79th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of LaVista Hills, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this _________ day of February, 2015. _________________________________ Honorable Tom Taylor Representative, 79th District Georgia State House of Representatives Senator Millar of the 40th moved that the Senate adopt the Conference Committee Report on HB 520. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Butler Y Cowsert Y Crane N Davenport Y Dugan N Fort Y Ginn Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares N Jones, B Jones, E Jones, H Y Kennedy Y Kirk N Orrock N Parent Ramsey N Rhett Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Thompson, C Y Tippins THURSDAY, APRIL 2, 2015 3839 Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Tolleson Unterman Y Watson Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 36, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 520. The following bill was taken up to consider the Conference Committee Report thereto: HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 515 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 515 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Millar of the 40th /s/ Senator Albers of the 56th Senator Henson of the 41st /s/ Representative Rynders of the 152nd /s/ Representative Brockway of the 102nd /s/ Representative Mitchell of the 88th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 515 A BILL TO BE ENTITLED AN ACT To incorporate the City of Tucker in DeKalb County; to provide for a charter for the City of Tucker; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, 3840 JOURNAL OF THE SENATE compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, courts, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Tucker; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, AND POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of Tucker, Georgia. The City of Tucker, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Tucker" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal for all other purposes as authorized by the laws of the State of Georgia and the Constitution of the State of Georgia. SECTION 1.02. Corporate boundaries. The boundaries of the City of Tucker shall be those set forth and described in Appendix A of this charter, and such Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. THURSDAY, APRIL 2, 2015 3841 SECTION 1.03. Powers and construction. (a) Except as provided in subsection (b) of this section, the city shall have the following powers: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. (A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) To condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any owner or interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental 3842 JOURNAL OF THE SENATE entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by Georgia law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; THURSDAY, APRIL 2, 2015 3843 (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal courts. To create a municipal court with a judge or judge and associate judges as may be necessary and to authorize the creation of a municipal court clerk's office or make said clerk's duties a part of the duties of the city clerk as designated by the city council; (20) 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; (21) 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; (22) 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; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage, and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) 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; (29) Public improvements. To provide for the acquisition, construction, building, 3844 JOURNAL OF THE SENATE operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) 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; (33) 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; (34) Retirement and employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) 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; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation to a maximum of 1 mill without a referendum; THURSDAY, APRIL 2, 2015 3845 (39) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (41) Tourism, conventions, and trade shows. To provide for the structure, operation, and management of the Tucker Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Tucker to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and parks and recreation services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the electors of the city disapprove such resolution, such resolution shall immediately be null and void and of no force and effect. 3846 JOURNAL OF THE SENATE SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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. SECTION 1.05. Tourism, conventions, and trade shows. The Tucker Convention and Visitors Bureau is hereby authorized to be created by an ordinance of the city council. When created, the bureau shall consist of a board of seven members appointed by the city council. The bureau shall report to the city manager on a regular basis and shall send an annual report to the city council in January of each year. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of Tucker, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member. (b)(1) The city council of the City of Tucker shall consist of six members, plus the mayor. (2) There shall be three council districts, designated as Council Districts 1 through 3, as described in Appendix B of this charter, which is attached to and made a part of this charter of the City of Tucker. (3) Two councilmembers shall be elected from each of the three council districts and shall hold Council District 1, Post 1; Council District 1, Post 2; Council District 2, Post 1; Council District 2, Post 2; Council District 3, Post 1; and Council District 3, Post 2, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post shall be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. THURSDAY, APRIL 2, 2015 3847 (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their respective successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Tucker, with the powers and duties specified in this charter, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election, and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting in such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. SECTION 2.02. Mayor and councilmembers; terms and qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their respective successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Tucker for a continuous period of at least 12 months immediately prior to the date of election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Tucker. In addition to the above requirements, no person shall be 3848 JOURNAL OF THE SENATE eligible to serve as a councilmember representing a council district unless that person continues to reside in such district during that person's period of service. (b) An election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01. Thereafter, the time for holding regular municipal elections shall be on the Tuesday after the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold a position as a councilmember shall be limited to two terms. (d) The number of successive terms an individual may hold the position of mayor shall be limited to three terms. SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city shall not hold other elective or public offices. The elective offices of the city's government shall become vacant upon the incumbent's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office: (1) Failing to reside in the city or the district from which such person was elected; (2) Being convicted of, or pleading guilty or nolo contendere to, a felony or any misdemeanor involving theft or deception; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. THURSDAY, APRIL 2, 2015 3849 SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidate for mayor who receives the majority vote of the qualified electors of the city at large voting in the elections of the city and the candidates for the city council who receive the majority vote of the qualified electors of their respective districts voting in the elections of the city shall be elected to a term of office. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $20,000.00, and the annual salary for each councilmember shall be $14,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. 3850 JOURNAL OF THE SENATE SECTION 2.09. Meetings, oath of office, and mayor pro tempore. (a) The city council shall meet on the seventh working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Tucker, and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of the State of Georgia, and the charter, ordinances, and regulations of the City of Tucker. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Tucker for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Tucker to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after THURSDAY, APRIL 2, 2015 3851 such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote, and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and shall receive the affirmative votes of a majority of those voting. Notwithstanding any provision to the contrary, no ordinance shall be adopted if the ordinance receives a no vote from both councilmembers that have a residence requirement in any one of the three districts. (b) Any voting member of the council may abstain from voting on an issue or may recuse himself or herself from voting only when a conflict of interest exists. Such conflict shall be disclosed to the city council and entered on the record. A vote to abstain may be entered by any voting member as a protest under the councilmember's First Amendment rights and shall be reflected as such in the record of the vote. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved, provided that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (c) The following types of actions require an ordinance in order to have the force of law: (1) Adopt or amend an administrative code or establish, alter, or abolish a department, office not specified in this charter, or agency; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; (9) Amend or repeal an ordinance already adopted; and (10) Propose and vote on a budget for the fiscal year and to authorize a budget plan for a term beyond the current fiscal year. (d) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the 3852 JOURNAL OF THE SENATE city council passes the ordinance by a three-fourths' vote; provided, however, that the city council shall not in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money. SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Tucker as provided in Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Tucker and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established under this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal THURSDAY, APRIL 2, 2015 3853 interest, direct or indirect, which is in conflict with or which is within the scope of the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $150.00; or (5) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest, such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected. 3854 JOURNAL OF THE SENATE SECTION 2.14. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. If the city council does not approve of two consecutive nominations by the mayor for the same position, any councilmember may nominate such member subject to confirmation by the city council. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of a board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized by law to administer oaths. (e) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend such ordinance or resolution. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings be not less than 24 hours nor THURSDAY, APRIL 2, 2015 3855 more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section of this charter. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however, that an additional item shall be added to the agenda upon the written request of any member of the city council, and name of the mayor or councilmember placing an item on the agenda shall be noted on the agenda; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local government bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of 3856 JOURNAL OF THE SENATE authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; (9) Approve all raises or increases in compensation of city staff with the consent of the city council; and (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (c) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section. SECTION 3.02. City manager; appointment and qualification. The mayor shall nominate a person for the office of city manager, and the approval of the city council shall be required to make the appointment official. If the first proposed city manager is rejected by the city council, the mayor shall make a second appointment selection. If the city council rejects that second appointment selection, the city council shall offer a candidate for city manager and, by a majority vote, send the appointee to the mayor for approval. If the mayor vetoes or does not approve, a second vote of a twothirds' majority of the council shall be needed to approve the appointee for the position. The city council may offer as many candidates as needed until the required approval is achieved. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction. THURSDAY, APRIL 2, 2015 3857 SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power, and it shall be his or her duty, to: (1) See that all laws and ordinances are enforced; (2) Propose a budget for city operations from a zero base with input from the actual expenditures of the city from the prior year; (3) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who, by this charter, are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (4) Remove employees appointed and employed under paragraph (3) of this section, without the consent of the city council and without assigning any reason therefor; (5) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter or specified by the city council; (6) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that regardless of the decision of the meeting chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (7) Recommend to the city council for adoption such measures as the city manager may deem necessary or expedient; (8) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (9) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (11) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for 3858 JOURNAL OF THE SENATE such estimated expenditures; (12) Keep the city council at all times fully advised as to the financial condition and needs of the city; (13) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (14) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (15) Shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with the approval of the city council; and (16) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. SECTION 3.05. City council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager or a designated agent, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may remove the city manager from office for any reason in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. THURSDAY, APRIL 2, 2015 3859 (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The city council shall appoint the city attorney or attorneys, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney or attorneys shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court if the city elects to create a municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. Except as provided in this charter, the city attorney or attorneys shall review and sign all contracts and documents that bind the city but shall not have the power to bind the city. In a conflict between the mayor and the city council, the city attorney shall engage a separate outside firm to represent the interests of the city council and mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interest of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual and separate attorneys for the individuals of the city council shall not be necessary. 3860 JOURNAL OF THE SENATE SECTION 3.09. City clerk. The city council shall appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. Tax collector. The mayor may appoint a tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The city council shall appoint a city accountant to perform the duties of an accountant. SECTION 3.12. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) the provisions of this charter; (2) the applicable city budget; and (3) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. SECTION 3.13. Consolidation of functions. The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. THURSDAY, APRIL 2, 2015 3861 SECTION 3.14. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of Tucker and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. The city council may establish by ordinance a court to be known as the Municipal Court of the City of Tucker which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of such laws or ordinances. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by a judge of such court pursuant to Chapters 32 through 45 and 60 through 76 of Title 36 of the O.C.G.A. The provisions of this article shall apply only upon the creation of the municipal court. SECTION 4.02. Judges. (a) There shall be at least one judge of the municipal court and that judge shall be designated as the chief judge with the authority to direct the court calendar, recommend associate judges to the city council, sit in presiding matters, discipline the city solicitors, and enforce all the powers of a judicial officer pursuant to Chapter 1 of Title 15 of the O.C.G.A. (b) No person shall be qualified or eligible to serve as a judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of seven years. The judge or judges shall be nominated by the mayor subject 3862 JOURNAL OF THE SENATE to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (c) Before entering on duties of his or her office, a judge shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) A judge shall serve for a term of four years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or shall be removed upon action by the State Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Tucker and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Tucker, or the property so deposited shall have a lien against it for the value THURSDAY, APRIL 2, 2015 3863 forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Tucker granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judge or judges shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. 3864 JOURNAL OF THE SENATE SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but not later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget shall be presented and public comment on the budget shall be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (c) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance. SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without the city THURSDAY, APRIL 2, 2015 3865 attorney's signature or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 5.07. External audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. (c) The city council shall appoint the external auditor. SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes 3866 JOURNAL OF THE SENATE assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.09. Homestead exemption; senior citizens; disabled. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under THURSDAY, APRIL 2, 2015 3867 the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Tucker who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or 3868 JOURNAL OF THE SENATE independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.10. Homestead exemption; general. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. THURSDAY, APRIL 2, 2015 3869 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017. SECTION 5.11. Homestead exemption; surviving spouses. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Tucker and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Tucker ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Tucker, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. 3870 JOURNAL OF THE SENATE (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Tucker, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of Tucker, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Tucker or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Tucker, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2017. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. DeKalb county special services tax district. For the taxable years beginning on or after January 1, 2016, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Tucker special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Tucker shall be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Tucker for THURSDAY, APRIL 2, 2015 3871 approval or rejection. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 2015. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of Tucker in DeKalb County ( ) NO according to the charter contained in the Act and the homestead exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Tucker shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the qualified electors of the City of Tucker shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Tucker as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Tucker shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Tucker and the powers and duties of the governing authority of the City of Tucker. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and by action of any four members of the governing authority may, prior to the first day of the second month immediately following the 2016 presidential preference primary, meet and take actions binding on the city. 3872 JOURNAL OF THE SENATE (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Tucker. Accordingly, there shall be a twoyear transition period as allowed by law beginning at 12:01 A.M. on the first day of the second month immediately following the 2016 presidential preference primary. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2015 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of Tucker, responsibility for any such service or function shall be transferred to the City of Tucker. The governing authority of the City of Tucker shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Tucker is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Tucker may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Tucker. Any transfer of jurisdiction to the City of Tucker during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Tucker may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Tucker commencing to exercise its planning and zoning powers, the Municipal Court of the City of Tucker shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Tucker shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay THURSDAY, APRIL 2, 2015 3873 any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that, if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before the Tuesday after the first Monday in November, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after the Tuesday after the first Monday in November, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act. SECTION 6.05. Charter commission. No later than three years after the inception of the City of Tucker, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one member by the mayor, one member by the city council, and one member by each member of the Georgia House of Representatives and Georgia Senate whose district lies wholly or partially within the corporate boundaries of the City of Tucker. All members of the charter commission shall reside in the City of Tucker. The commission shall complete the recommendations within the time frame required by the city council. SECTION 6.06. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6.07. Repealer. All laws and parts of laws in conflict with this Act are repealed. 3874 JOURNAL OF THE SENATE APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF TUCKER, DEKALB COUNTY, GEORGIA The corporate limits of the City of Tucker shall include the areas specified as follows unless such areas are within the corporate limits of another municipality on the effective date of this charter: Plan: Tucker-SD040-p2(corp)-2015 Plan Type: Local Administrator: SD040 User: bak District TUCKER DeKalb County VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089EC - EMBRY HILLS 021809: 3008 3009 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL VTD: 089MM - MEMORIAL NORTH 021910: THURSDAY, APRIL 2, 2015 3875 3021 022009: 3014 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089PF - PLEASANTDALE ELEM 021812: 1005 1006 VTD: 089PK - PLEASANTDALE ROAD 021814: 1007 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY For the purposes of this description, 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 the 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. 3876 JOURNAL OF THE SENATE APPENDIX B LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF TUCKER, DEKALB COUNTY, GEORGIA Plan: Tucker-SD040-p2(dist)-2015 Plan Type: Local Administrator: SD040 User: bak District 001 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 3000 021806: 1000 1001 1002 1003 1007 1008 1009 1015 1016 1017 1018 1019 1021 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2031 3017 021912: 1004 1005 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM 021910: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3019 3020 VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE 021805: THURSDAY, APRIL 2, 2015 3002 3003 3007 3008 021806: 2026 2029 2030 021907: 3026 021910: 3000 3001 3002 3003 3004 3005 021911: 2000 2001 021913: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 District 002 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 1009 1010 1013 1014 1016 1017 3001 3009 021806: 1004 1006 1010 1011 1012 1013 1014 1020 1022 VTD: 089BH - BROCKETT VTD: 089IA - IDLEWOOD ELEM 021805: 3006 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 022009: 3006 3009 VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089MK - MONTREAL 021704: 1000 1001 1002 1003 1004 1005 1006 022001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 3877 3878 JOURNAL OF THE SENATE 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 022007: 1000 1011 1012 022009: 1014 1015 2000 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SI - STN MTN MIDDLE 021805: 3004 3005 3020 3021 3022 District 003 DeKalb County VTD: 089EC - EMBRY HILLS 021809: 3008 3009 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL 021704: 2000 2001 2002 2003 2004 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089PF - PLEASANTDALE ELEM 021812: 1005 1006 VTD: 089PK - PLEASANTDALE ROAD 021814: 1007 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY THURSDAY, APRIL 2, 2015 3879 For the purposes of this plan (Tucker-SD040-p2(dist)-2015): (1) 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; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of Tucker which is not included in any district described in this plan (Tucker-SD040-p2(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of Tucker which is described in this plan (Tucker-SD040p2(dist)-2015) 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; and (5) Any part of the City of Tucker which is described in this plan but is in the corporate limits of another municipality on the effective date of this Act shall nevertheless not be included in any of the districts described in the plan. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Billy Mitchell, Georgia State Representative from the 88th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Tucker, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified this ___________ day of ________________, 2015. ______________________________ Honorable Billy Mitchell Representative, 88th District Georgia State House of Representatives 3880 JOURNAL OF THE SENATE Senator Millar of the 40th moved that the Senate adopt the Conference Committee Report on HB 515. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock N Parent Y Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Unterman Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 43, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 515. Senator Hill of the 6th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: THURSDAY, APRIL 2, 2015 3881 Amend the Senate Committee substitute to HB 131 (HB 131/SCSFA/2) by striking from lines 11 and 12 the following: , including an act through the use of electronic communication, By inserting after "system." on line 32 the following: The term also applies to acts of cyberbullying which occur through the use of electronic communication, whether or not such electronic act originated on school property or with school equipment, if the electronic communication (1) is directed specifically at students or school personnel, (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school, and (3) creates a reasonable fear of harm to the students' or school personnel's person or property or has a high likelihood of succeeding in that purpose. By striking "" on line 26 and inserting in its place "(c)". By inserting the word "is" after the word "but" on line 33. Senator Jeffares of the 17th moved that the Senate agree to the House amendment to the Senate substitute to HB 131. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Harbin Y Harbison Y Harper Y Heath Y Henson E 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 131. 3882 JOURNAL OF THE SENATE The following communication was received by the Secretary: 4/2/15 Due to attending a medical emergency outside the Senate Chamber, I missed the vote on HB 131 and HB 515. Had I been present, I would have voted Yes. /s/ Ben Watson District 1st Senator Jones of the 25th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to provide for the determination of market value of property acquired by the department; to provide for the procedure for the sale of property when the right of acquisition is not exercised; to provide for the implementation of the federal Public Transportation Safety Program; to provide for the reconstruction and relocation of outdoor advertising signs located upon property that has been acquired for public road purposes; to provide for standards for relocating such signs; to provide for standards of compensation by the Department of Transportation and local governments in instances when an outdoor advertising sign is located upon land acquired for public purposes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor THURSDAY, APRIL 2, 2015 3883 vehicles and traffic, so as to provide for the operation of personal transportation vehicles in certain areas and under certain conditions; to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows: "32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements: (1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intrastate and interstate; or (4) Serves as part of the principal collector network for the state-wide and interstate arterial public road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way." SECTION 2. Said title is further amended by revising Code Section 32-5-2, relating to the appropriation of funds to the Department of Transportation, as follows: "32-5-2. All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department." SECTION 3. Said title is further amended by revising Code Section 32-7-4, relating to procedure for the disposition of property by the Department of Transportation, as follows: "32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the 3884 JOURNAL OF THE SENATE department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate available public records, the address of any interested party cannot be found, an affidavit stating such a record of the facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit documenting the search, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 $75,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 30 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the THURSDAY, APRIL 2, 2015 3885 highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting and that shall be open to the public at which meeting, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. 3886 JOURNAL OF THE SENATE (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order approval of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller." SECTION 4. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by revising subsection (a) and adding new subsections to read as follows: "(a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, the federal Public Transportation Safety Program, 49 U.S.C. Section 5329, referred to in this Code section as the act." "(g) Nothing in this Code section is intended to conflict with any provision of federal law; and, in case of such conflict, such portion of this Code section as may be in conflict with such federal law is declared of no effect to the extent of the conflict. (h) The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and meet any contingencies not provided for in this Code section, abiding at all times by a fundamental purpose to perform all acts which are necessary, proper, or incidental to the efficient and safe operation and development of the department and the state highway system and of other modes and systems of transportation." SECTION 5. Said title is further amended by adding a new Code section to read as follows: THURSDAY, APRIL 2, 2015 3887 "32-3-3.1. (a) When rights of way or real property or interests therein are acquired by a state agency, county, or municipality for public road purposes and an outdoor advertising sign permitted by the state in accordance with Part 2 of Article 3 of Chapter 6 of this title and a local county or municipal ordinance, which has not lapsed and is in good standing, is located upon such property, the outdoor advertising sign may be relocated or reconstructed and relocated through agreement of the owner of the property and owner of the outdoor advertising sign, if such owners do not refer to the same person, so long as the new location: (1) Is within 250 feet of its original location, provided that the new location meets the requirements for an outdoor advertising sign provided in Part 2 of Article 3 of Chapter 6 of this title; (2) Is available to the owner of the outdoor advertising sign and is comparable to the original location, as agreed upon by the owner of the outdoor advertising sign and the department; (3) Does not result in a violation of federal or state law; and (4) Is within zoned commercial or industrial areas or unzoned commercial or industrial areas as defined in Code Section 32-6-71. (b) An outdoor advertising sign relocated as provided for in subsection (a) of this Code section may be adjusted in height or angle or both in order to restore the visibility of the sign to the same or a comparable visibility which existed prior to acquisition by a state agency, county, or municipality, provided that the height of such relocated sign shall not exceed the greater of the height of the existing sign or 75 feet, as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is greater. (c) For any federal aid project or any project financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation of an outdoor advertising sign relocated as provided for in subsection (a) of this Code section shall be paid by the department. For any project not financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation shall be paid by the owner of the outdoor advertising sign. (d) If no relocation site that meets the requirements of paragraphs (1) through (4) of subsection (a) of this Code section exists, just and adequate compensation shall be paid by the department to the owner of the outdoor advertising sign. (e) If a sign is eligible to be relocated as provided for in subsection (a) of this Code section but such new location would result in a conflict with local ordinances in the city or county of applicable jurisdiction and no variance or other exception is granted to allow relocation as requested by the owner of the outdoor advertising sign, just and adequate compensation shall be paid by the local governing authority to the owner of the outdoor advertising sign. However, no compensation resulting from the denial of a variance or exception by a local governing authority for an outdoor advertising sign eligible for relocation under this Code section shall be paid either directly or indirectly by the department." 3888 JOURNAL OF THE SENATE SECTION 6. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-6-331, relating to designation of PTV paths, licensing requirements and operating standards of PTVs, local immunity, signage, and street crossing, by adding a new subsection to read as follows: "(e)(1) Regardless of whether a local ordinance has been approved regarding the use of PTVs, delivery personnel for a commercial delivery company which has at least 10,000 persons employed in this state may operate PTVs within a residential subdivision with speed limits of 25 miles per hour or less, provided that any PTV utilized by a commercial delivery company shall: (A) Include the equipment required in subsection (a) of Code Section 40-6-330.1; (B) Be marked in a conspicuous manner with the name of the commercial delivery company; (C) Be operated by a person with a valid driver's license; and (D) Be utilized only for the delivery of envelopes and packages with a maximum size of 130 inches for the combined length and girth and with a weight no greater than 150 pounds per package. (2) Any commercial delivery company utilizing PTVs under this subsection shall remit a $50.00 fee every five years to each local authority where a PTV is operated along with a signed statement that such commercial delivery company operates PTVs within the jurisdiction of such local authority. (3) Notwithstanding any other provision of law to the contrary, any person operating a PTV under this subsection shall be granted all the rights and shall be subject to all the duties applicable to a driver of any other vehicle under this chapter; provided, however that subsection (b) of Code Section 40-6-315 shall not be applicable to the operator of a PTV under this subsection. (4) Any PTV authorized to operate pursuant to this subsection shall not pull multiple trailers. Such PTVs shall be limited to pulling one trailer or cargo platform and be limited to hauling weight no greater than the carrying capacity of the PTV as determined by the manufacturer." SECTION 7. Said title is further amended by revising Code Section 40-9-31, relating to the submission of accident reports to the Department of Driver Services and the Department of Transportation, as follows: "40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any law enforcement agency may transmit the information contained on the accident report form by THURSDAY, APRIL 2, 2015 3889 electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any law enforcement agency that transmits the data by electronic means must transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term 'nonproprietary' shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation within 14 days when electronically submitted and when not electronically submitted not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency. The Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Gooch of the 51st moved that the Senate agree to the House substitute to SB 169. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack C Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 169. 3890 JOURNAL OF THE SENATE Senator Henson of the 41st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; 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 Committee on Education and Youth substitute to HB 372 (LC 33 6178S) by inserting after "title;" on line 4 the following: to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions exempted from application of part, so as to revise a provision relating to nonpublic, nonprofit colleges; to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for weighted lotteries in charter schools for educationally disadvantaged students; By striking lines 7 through 9 and inserting in lieu thereof the following: PART I SECTION 1-1. This part shall be known and may be cited as the "Utopian Academy for the Arts Act." SECTION 1-2. By striking line 21 and inserting in lieu thereof the following: PART II SECTION 2-1. Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions exempted from application of part, is amended by revising paragraph (10) of subsection (a), as follows: "(10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and is accredited by a national or regional accrediting agency recognized by the United States Department of Education;" THURSDAY, APRIL 2, 2015 3891 PART III SECTION 3-1. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, is amended by adding a new paragraph to Code Section 20-2-2062, relating to definitions, to read as follows: "(4.1) 'Educationally disadvantaged students' means all or a subset of the following: students who are economically disadvantaged, students with disabilities, limited English proficient students, neglected or delinquent students, and homeless students, as each such subset is defined by the State Board of Education in accordance with federal education guidelines and regulations." SECTION 3-2. Said article is further amended by revising Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, as follows: "20-2-2066. (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 Except for educationally disadvantaged students who may be provided an increased chance of admission through a weighted lottery if permitted by the school's charter, 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 start-up charter school or is a full-time teacher, professional, or other employee at the start-up charter school; (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; and. (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, except for educationally disadvantaged students who may be provided an increased chance of 3892 JOURNAL OF THE SENATE admission through a weighted lottery if permitted by the school's charter; provided, however, that a conversion charter school may give enrollment preferences may be given 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 conversion charter school or in any school in the high school cluster; (ii) Students A student whose parent or guardian is a member of the governing board of the conversion charter school or is a full-time teacher, professional, or other employee at the conversion charter school; (iii) Students who were enrolled in the local school prior to its becoming a conversion charter school; (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; 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. (b) A state chartered special 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 unless the number of applications exceeds the capacity of a program, class, grade level, or building. The period of time during which an application for enrollment may be submitted shall be specified in the charter. In such case Except for educationally disadvantaged students who may be provided an increased chance of admission through a weighted lottery if permitted by the school's charter, 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 state chartered special school may give enrollment preference to a child of a full-time teacher, professional, or other employee of the state chartered special school as provided for in subsection (b) of Code Section 20-2-293 or to a sibling of a student currently enrolled in the state chartered special school applicants in any one or more of the following categories in the order of priority specified in the charter: (1) A sibling of a student enrolled in the state chartered special school; (2) A sibling of a student enrolled in another local school designated in the charter; (3) A student whose parent or guardian is a member of the governing board of the state chartered special school or is a full-time teacher, professional, or other employee at the state chartered special school; THURSDAY, APRIL 2, 2015 3893 (4) Students matriculating from a local school designated in the charter; and (5) Children who matriculate from a pre-kindergarten program which is associated with the state chartered special 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. (b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules. (c) A charter school shall not discriminate on any basis that would be illegal if used by a school system. (d) A student may withdraw without penalty from a charter school at any time and enroll in a local school in the school system in which such student resides as may be provided for by the policies of the local board. A student who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expulsion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto." PART IV SECTION 4-1. Senator Millar of the 40th 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 Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Harbison 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Watson 3894 JOURNAL OF THE SENATE Y Harper Y Heath E Henson Y Hill, H Y McKoon Millar Y Miller Mullis Y Wilkinson Williams, M Williams, T 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 372. The following bill was taken up to consider House action thereto: HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; 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 Science and Technology Committee substitute to HB 225 (LC 43 0160S) by inserting after "effective dates" on line 18 "and for legislative intent". By striking "(2)" on line 57 and inserting in lieu thereof "(3)". By striking lines 220 and 221 and inserting in lieu thereof the following: the minimum amount of commercial liability insurance prescribed by state law; By striking lines 409 through 434 and inserting in lieu thereof the following: (2) On and after July 1, 2017, an owner of each for-hire vehicle, prior to commencing operations in this state and annually thereafter, shall obtain a for-hire vehicle master license from the department. The department shall issue a decal or certificate for each motor vehicle covered under such master license, and the owner shall display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for obtaining a master license for all of its THURSDAY, APRIL 2, 2015 3895 affiliated ride share drivers. The obtaining of a master license shall not operate to relieve a taxi service, a limousine carrier, a ride share network service, or the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. (3) The owner of each for-hire vehicle in operation in this state on July 1, 2017, shall obtain a for-hire master license from the department prior to such date and shall obtain a decal or certificate for each motor vehicle covered under such master license, and the owner shall either display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for obtaining a master license for all of its affiliated ride share drivers. The obtaining of a master license shall not operate to relieve a taxi service, a limousine carrier, a ride share network service, or the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. By striking lines 454 through 459 and inserting in lieu thereof the following: (5) Of this annual master license fee, 57 percent shall be retained by the state for deposit in the general fund of the state treasury. At the time of payment of the annual master license fee, the owner obtaining the master license shall provide to the department a written declaration setting forth the county or counties in which vehicles operate. The remaining 43 percent of the annual master license fee shall be divided by the department proportionately according to population to the county or counties set forth in such declaration. The proportional amounts shall be distributed to the county tag agent in each such county to allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school system, and the board of education of any independent school system located in such county in the manner provided in this paragraph: By striking lines 526 through 532 and inserting in lieu thereof the following: (6) On and after July 1, 2017, it shall be illegal for a taxi service, a limousine carrier, a ride share network service, or an owner of a for-hire vehicle who is providing transportation services to fail to display a current tax decal or maintain a physical or electronic certificate in such vehicle as prescribed by this subsection and as may be required by the department by rule or regulation. Any person who violates this paragraph shall be guilty of a misdemeanor of a high and aggravated nature and additionally shall be subject to a civil fine of not more than $5,000.00 per violation. (7) This subsection shall be repealed by operation of law on July 1, 2017." By striking lines 673 through 678 and inserting in lieu thereof the following: "(25) Reserved On and after July 1, 2017, fares of for-hire vehicles for which taxi 3896 JOURNAL OF THE SENATE services, limousine carriers, ride share network services, or the owners of such vehicles have purchased a for-hire master license in lieu of paying sales and use taxes on fares pursuant to the provisions of subsection (b) of Code Section 40-2-168. This provision shall not relieve taxi services, limousine carriers, transportation referral services, transportation referral service providers, or ride share service networks of sales and use tax liability on fares incurred prior to the purchase of such for-hire master license. This paragraph shall be repealed by operation of law on July 1, 2017;". Senator Beach of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 225. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath E Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 225. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: THURSDAY, APRIL 2, 2015 3897 SB 108. By Senators Martin of the 9th, McKoon of the 29th, Harbison of the 15th, Jones of the 25th, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide the requirements for maintaining a risk management framework and provide guidance and instructions for filing for an Own Risk and Solvency Assessment and report with the Commissioner; to provide for legislative intent; to provide for a purpose; to provide for definitions; to provide for standards and timing of reports; to provide for exemptions; to provide for confidentiality of reports; to provide for the Commissioner's duties and powers; to provide for penalties; to provide for the redesignation of certain code provisions and conforming changes; 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 511. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; 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 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others: A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: 3898 JOURNAL OF THE SENATE Amend the Senate substitute to HB 72 (LC 29 6648ERS) by inserting after "warrant;" on line 12 the following: to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; By inserting between lines 358 and 359 the following: PART IA SECTION 1A-1. Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended in paragraph (1) of subsection (s) by deleting "or" at the end of subparagraph (A) and adding a new subparagraph (C) to read as follows: "(C) Is suspected of being mentally ill and is the subject of an order issued pursuant to Code Section 37-3-41 when the court issuing such order finds in an in camera hearing by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; or" Senator Unterman of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 72. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Tippins THURSDAY, APRIL 2, 2015 3899 Y Gooch Y Harbin Y Harbison Y Harper N Heath E Henson Y Hill, H Y Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Tolleson Y Unterman Y Watson Y Wilkinson Williams, M Y Williams, T On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 72. At 9:40 p.m. the President announced that the Senate would stand at ease. At 10:25 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the House substitute to the following Bill of the Senate: SB 94. By Senators Bethel of the 54th and Cowsert of the 46th: 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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st: A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes. HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd: A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes. 3900 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 206. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st: 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 for procedure for passing sanitation vehicles; 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 95. By Senators Williams of the 27th, Martin of the 9th, Gooch of the 51st, Albers of the 56th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; 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 65. By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd and others: A BILL To be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers THURSDAY, APRIL 2, 2015 3901 and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. Senator Hill of the 32nd was excused as a Conferee. 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 428. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to extend a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Finance Committee substitute to HB 428 (LC 34 4686S) by replacing lines 5 and 6 with the following: of the Internal Revenue Code; to extend a sales tax exemption for materials to be used in certain By replacing "(76), (77), and (87)" with "(76) and (87)" on line 12. By replacing lines 18 through 20 with the following: (B) This exemption shall apply from July 1, 2015, until January 1, 2017, or until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $750,000.00, whichever occurs first. A qualifying aquarium must pay sales and use tax on all purchases and By adding a quotation mark at the end of line 44 and by deleting lines 45 through 73. By replacing lines 86 through 88 with the following: (B) This exemption shall apply from July 1, 2016, until June 30, 2018, or until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $350,000.00, whichever occurs first. A qualifying zoological institution shall pay sales and use tax on all Senator Mullis of the 53rd moved that the Senate agree to the House amendment to the Senate substitute to HB 428. 3902 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach E Bethel Y Black Y Burke Butler Y Cowsert N Crane Y Davenport Y Dugan Fort Y Ginn N Gooch Harbin Y Harbison N Harper N Heath E Henson N Hill, H Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas N Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 36, nays 9; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 428. The following bill was taken up to consider House action thereto: HB 266. By Representative Battles of the 15th: A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 266 (LC 43 0150S) by striking lines 1 through 58 and inserting in lieu thereof the following: To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct certain provisions relative to the investment authority of local THURSDAY, APRIL 2, 2015 3903 retirement systems; to correct the name of a certain council; to modify a definition related to the Georgia Municipal Employees Benefit System; to modify provisions related to the return of mandatory employee contributions in the Georgia Municipal Employees Benefit System; to provide new definitions; to change a term for membership of the board; to provide for a break in employment for certain members; to clarify provisions related to leaves of absence, withdrawal of dues, and application for reinstatement as an active member; to clarify provisions for failure to pay dues and the reinstatement process; to permit selection of up to five beneficiaries to receive equal portions of certain benefits upon the death of certain members; to provide for certain penalties for false statements or falsified 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Chapter 1, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, by revising subsection (a) of Code Section 47-1-12, relating to investment and reinvestment of assets of local retirement system, as follows: "(a) The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies Article 7 of Chapter 20 of this title in making and disposing of their investments." SECTION 2. Said title is further amended in Chapter 2, relating to the Employees' Retirement System of Georgia, by revising paragraph (1) of subsection (a) of Code Section 47-2-323, relating to membership in retirement system of employees of the Georgia Public Defender Standards Council, creditable service, and contributions, as follows: "(1) 'Council' means the Georgia Public Defender Standards Council established by Code Section 17-12-3." SECTION 3. Said title is further amended in Chapter 5, relating to the Georgia Municipal Employees Benefit System, by revising paragraph (6) of Code Section 47-5-2, relating to definitions, as follows: "(6) 'Employee' means any full-time salaried or hourly rated person in the active service of an employer and any employees of the board of trustees. Notwithstanding 3904 JOURNAL OF THE SENATE any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a municipal corporation of this state or of an employer created pursuant to the charter of a municipal corporation of this state, the chief legal officer or any associate legal officer of a municipal corporation, and any municipal officer elected or appointed to preside over the court of a municipal corporation. Said term shall also include part-time employees of an employer for the purposes of participating in employee benefit plans." SECTION 4. Said title is further amended in said chapter by revising Code Section 47-5-47, relating to return of contributions to employee or employee's estate, as follows: "47-5-47. Plans Except as otherwise provided with respect to the provision of death benefits under a plan, plans providing for retirement benefits established under this chapter shall provide that mandatory contributions made by a participating employee shall be returned to such employee employee's surviving spouse or his to the estate of the participant or the participant's pre-retirement beneficiary in the event of death before retirement. If the employee is separated from employment prior to the time he or she is eligible for retirement benefits, such contributions shall be returned unless the employee chooses to claim his or her vested benefits, in which case the employee contributions shall remain with the fund until such time as the employee becomes eligible for the vested benefits. Such contributions may be returned without interest or with such interest as is provided in the plan." SECTION 5. Said title is further amended in Chapter 7, relating to the Georgia Firefighters' Pension Fund, by adding new paragraphs to Code Section 47-7-1, relating to definitions, as follows: "47-7-1. As used in this chapter, the term: (1) 'Active member' means an individual who has been granted membership in the fund in accordance with the rules of this chapter and who is not an inactive member, a suspended member, a retired member, or a withdrawn member. (1)(2) 'Board' means the Board of Trustees of the Georgia Firefighters' Pension Fund. (2)(3) 'Fire department' means a full time full-time fire department or volunteer fire department or a combination full time full-time and volunteer fire department which satisfies the following criteria: (A) The fire department is certified by the superintendent of holds a valid certificate of compliance issued by the Georgia Firefighter Standards and Training Council as provided in pursuant to Article 1 2 of Chapter 4 3 of Title 25; and (B) The public fire suppression facilities of the fire department are ratable not less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, THURSDAY, APRIL 2, 2015 3905 published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund. (3)(4) 'Firefighter' means a person who is: (A) A permanent, compensated employee of a fire department who in the course of his or her employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires and who works at least 1,040 hours per year; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or (B) Appointed and regularly enrolled as a volunteer with a volunteer fire department or combination full time full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-323 and who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires. (4)(5) 'Full time 'Full-time fire department' means a full time full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit: (A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and (B) Is financed by public appropriation or subscription and is not privately owned. A full time full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer. (5)(6) 'Fund' means the Georgia Firefighters' Pension Fund. (7) 'Inactive member' means an individual who was an active member of the fund who obtained a leave of absence in accordance with Code Section 47-7-41 and who has not withdrawn his or her dues pursuant to Code Section 47-7-60. (5.1)(8) 'Part time 'Part-time employment' means working at a permanent job position for less than 40 hours a week but at least 1,040 hours a year. (9) 'Retired member' means an individual who was an active member of the fund who 3906 JOURNAL OF THE SENATE has commenced receipt of benefits pursuant to Article 6 of this chapter or pursuant to Code Section 47-7-102. (10) 'Suspended member' means an individual who was an active member of the fund who owes at least six months of dues payments pursuant to Code Section 47-7-60. (6)(11) 'Volunteer fire department' means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firefighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which: (A) Has the principal responsibility to prevent and suppress fires; (B) Is financed by public appropriation or subscription and is not privately owned; (C) Holds drills and meetings of not less than eight hours monthly; and (D) Meets the requirements imposed by Code Section 47-7-81. (7)(12) 'Volunteer firefighter' means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23. (13) 'Withdrawn member' means an individual who was an active member of the fund who has had his or her moneys refunded pursuant to Code Section 47-7-105." SECTION 6. Said title is further amended in said chapter by revising paragraph (4) of subsection (a) of Code Section 47-7-20, relating to membership of the board, manner of election, and compensation and expenses, as follows: "(4) One retired beneficiary member of the fund appointed by the Governor." SECTION 7. Said title is further amended in said chapter by revising subsection (d) of Code Section 47-7-40, relating to eligibility to apply for membership and transfer of Georgia Class Nine Fire Department Pension Fund, as follows: "(d) Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a certified firefighter or a candidate for such certification, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in membership such position that qualified him or her for membership on June 30, 2006, or any other eligible employment provided by this Code section, for greater than 30 days, that member shall be deemed a suspended member, and any future membership shall be subject to laws and regulations in effect at such time when that member's application for reinstatement as an active member is approved." THURSDAY, APRIL 2, 2015 3907 SECTION 8. Said title is further amended in said chapter by revising Code Section 47-7-41, relating to effect of withdrawal of contributions or termination of employment, eligibility for reinstatement, credit for time spent on leave of absences and resumption of payments to fund upon return of service, as follows: "47-7-41. (a)(1) Any active member of the fund who is in good standing with the fund, who leaves work as a firefighter or volunteer firefighter, and who elects to leave in the fund during such leave from work as a firefighter or voluntary firefighter the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years and shall be deemed an inactive member. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of such leave of absence for a period of not greater than two years. An inactive member may apply for additional leaves of absence from the fund every two years. If a member who leaves work as a firefighter or volunteer firefighter an inactive member fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7105. (2) A An inactive member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund as an active member; provided, however, that upon such application, the applicant meets the requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. Such a reinstated active member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence. (b)(1) A Any member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of dues theretofore paid by such member moneys as provided in Code Section 47-7-105., and such member shall be deemed a withdrawn member. Any withdrawn member who elects to withdraw from membership in the fund shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any such withdrawn member may make application to the board for reinstatement of membership as an active member. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7-40. Upon reinstatement, such reinstated active member shall be entitled to credit for service rendered after reinstatement to active membership in the fund as an active member but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the 3908 JOURNAL OF THE SENATE requirements of reinstatement shall not be entitled to membership in the fund reinstatement as an active member. (2) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7-40." SECTION 9. Said title is further amended in said chapter by revising Code Section 47-7-60, relating to dues required of members and effect of failure to pay dues in timely manner, as follows: "47-7-60. (a) Each firefighter or volunteer firefighter accepted for membership in the fund active member shall pay to the fund the sum of $25.00 for each month of service as a firefighter or volunteer firefighter in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service. (b)(1) Any active member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall thereafter be ineligible for membership in or benefits under the fund, except as provided in this subsection and in subsection (c) of this Code section deemed a suspended member. (2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection A suspended member may make application to the board for reinstatement of membership as an active member. As a condition of such reinstatement, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement as an active member, such member shall be entitled to credit for service rendered after reinstatement. If such member has not withdrawn the dues he or she paid to the fund prior to the suspension becoming a suspended member, then he or she shall also be entitled to creditable service for service rendered prior to the suspension his or her becoming a suspended member. (3) An applicant A suspended member who applies for reinstatement of membership in the fund as provided in this subsection as an active member shall not be entitled to reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7-40 as a prerequisite to reinstatement to active membership. (c) If a suspended member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7-100 is suspended from membership in the fund under this Code section and is not reinstated as an active member, then, provided that such member does not withdraw dues paid to the fund, prior to his or her suspension, upon termination of service, such member shall be entitled to a normal retirement benefit payable under Code Section 47-7-100. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the THURSDAY, APRIL 2, 2015 3909 maximum monthly benefit in effect on such date of suspension becoming a suspended member." SECTION 10. Said title is further amended in said chapter by revising paragraph (2) of subsection (d) and paragraph (2) of subsection (h) of Code Section 47-7-100, relating to eligibility for full pension benefits, eligibility for partial benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions, as follows: "(2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during the member's lifetime; and, in the event of the member's death within ten years after the member's retirement, the same monthly benefits shall be payable to the member's selected beneficiary, or, if the member so elects, the total monthly benefit may be divided equally among up to five selected beneficiaries, for the balance of such ten-year period." "(2) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is not survived by a spouse, the up to five selected beneficiary beneficiaries shall be entitled to receive a benefit, equally apportioned among the selected beneficiaries, as if the member had elected to receive Option B as provided in paragraph (2) of subsection (d) of this Code section." SECTION 11. Said title is further amended in said chapter by revising Code Section 47-7-103, relating to benefits payable to a named beneficiary upon death of a member before benefits have commenced or before benefits equal to the member's dues have been paid, as follows: "47-7-103. (a) In the event of the death of a an active member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary up to five selected beneficiaries of such deceased member shall be entitled to be paid the amount of $5,000.00 split equally among the selected beneficiaries, upon any selected beneficiary making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board. (b) In the event of the death of a retired member of the fund who is in good standing, who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100, and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, the member's named beneficiary up to five beneficiaries selected by the member shall be entitled to receive an equally apportioned amount from the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section." 3910 JOURNAL OF THE SENATE SECTION 12. Said title is further amended in said chapter by revising Code Section 47-7-126, relating to penalty for false statements or falsified records and correction of errors by the board, as follows: "47-7-126. (a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in an attempt to defraud the fund shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 $2,000.00, imprisonment for up to 12 months, or both. (b) On and after July 1, 2015, if the board finds, after notice and opportunity for a hearing conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that any person on or after July 1, 2015, has knowingly: (1) Made a material false statement or falsified or permitted to be falsified any records of the fund or documents of the fund in an attempt to defraud the fund; (2) Obtained or continued membership in the fund while not eligible to become or remain a member of the fund; (3) Obtained benefits that he or she is not entitled to receive; or (4) Obtained benefits in an amount greater than he or she is entitled to receive, the board may order that such person shall forfeit all rights and benefits that he or she may be entitled to under the fund. Any person who is aggrieved or adversely affected by a final action of the board under this subsection shall have the right of judicial review in the superior courts. (c) If any change or error in the records of the fund results in any member or beneficiary receiving from it more or less than such member or beneficiary would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as is practicable and in such manner that the actuarial equivalent of any additional benefit to which such member or beneficiary was correctly entitled shall be paid or in such manner that any excess payment shall be recovered." SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Senator Black of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 266. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach E Bethel Y Hill, Jack C Hill, Judson Y Hufstetler Y Orrock Y Parent Y Ramsey THURSDAY, APRIL 2, 2015 3911 Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Jones, H Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 266. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 341. By Representatives Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating 3912 JOURNAL OF THE SENATE to the Council for Welfare Administration; 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 152. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amending the Senate substitute to HB 152 (HB 152/SCSFA/2) by deleting lines 46 and 47 and inserting in lieu thereof the following: (c) Every Whenever any county or municipality which issues permits or licenses to a licensee authorizing the manufacture, distribution, or sale of alcoholic beverages is made By adding a period at the end of line 71. By deleting line 72 and inserting in lieu thereof the following: This subsection shall not apply to an individual while he or she is attending a live musical concert or live presentation of the performing arts for which he or she has paid an admission charge." Senator Cowsert of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 152. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach E Bethel Y Black Burke Y Butler Y Cowsert Y Crane Y Davenport 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 Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate THURSDAY, APRIL 2, 2015 3913 Y Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis C Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T 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 152. The following bill was taken up to consider House action thereto: SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; 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 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require reports of local government revenues submitted to the Department of Community Affairs identify the total amount of speeding fine revenue collected by the local government; to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for the calculation of such budgets; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3914 JOURNAL OF THE SENATE SECTION 1. Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended in Code Section 36-81-8, relating to annual local government finances and indebtedness reports to the Department of Community Affairs, by revising subparagraph (b)(1)(A) as follows: "(b)(1)(A) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the department. Such annual report shall further identify the total amount of speeding fine revenue collected by the local government." SECTION 2. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended in Code Section 40-14-11, relating to the ratio of speeding fines to a law enforcement agency's budget, by revising subsection (d) as follows: "(d) There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 40 35 percent of that a municipal or county law enforcement agency's budget. For purposes of this Code section, fines collected for citations issued for violations of Code Section 40-6-180 shall be included when calculating total speeding fine revenue for the agency; provided, however, that fines for speeding violations exceeding 17 20 miles per hour over the established speed limit shall not be considered when calculating total speeding fine revenue for the agency." SECTION 3. 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 134. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach E Bethel Black Y Burke Y Butler Y Cowsert Y Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone THURSDAY, APRIL 2, 2015 3915 N Davenport Y Dugan Fort N Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Henson Y Hill, H Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon N Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 134. The following bill was taken up to consider House action thereto: SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to revise the definition of "practitioner"; to provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to authorize certain refills by pharmacists of topical ophthalmic products under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. 3916 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (33) of Code Section 26-4-5, relating to definitions, as follows: "(33) 'Practitioner' or 'practitioner of the healing arts' means a physician, dentist, podiatrist, optometrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "26-4-6. The provisions of this chapter shall not apply to a facility engaged solely in the distribution of dialysate drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that the following criteria are met: (1) The dialysate drugs, or devices are approved or cleared by the federal Food and Drug Administration as required by federal law; (2) The dialysate drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or wholesale distributor; (3) The dialysate drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility; (4) The dialysate drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order; and (5) The manufacturer or manufacturer's agent delivers the dialysate drugs, or devices directly to: (A) A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease." SECTION 3. Said chapter is further amended by revising subsection (f) of Code Section 26-4-80, relating to dispensing prescription drugs, as follows: "(f)(1) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. THURSDAY, APRIL 2, 2015 3917 (2) Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products: (A) A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and (B) At the patient's request, a practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use. This paragraph shall apply to refills purchased through retail pharmacies and mail order sources." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Jeffares of the 17th moved that the Senate agree to the House substitute to SB 194. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 194. The following bill was taken up to consider House action thereto: 3918 JOURNAL OF THE SENATE SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising Code Section 20-2-161.3, relating to the program for high school students to attend postsecondary institutions, as follows: "20-2-161.3. (a) This Code section shall be known and may be cited as the 'Move on When Ready Act.' (a)(b) For purposes of this Code section, the term: (1) 'Commission' means the Georgia Student Finance Commission created by Code Section 20-3-233. (1)(2) 'Department' means the Department of Education. (3) 'Dual credit course' means a postsecondary course, including a virtual course, taken by an eligible high school student pursuant to an arrangement at or through an eligible postsecondary institution for which the student receives secondary credit from his or her eligible high school. (4) 'Eligible high school' means any private or public secondary educational institution located within the State of Georgia and any home study program operated pursuant to Code Section 20-2-690. THURSDAY, APRIL 2, 2015 3919 (3)(5) 'Eligible high school student' means a student entering ninth, tenth, eleventh, or twelfth grade who spent the prior school year in attendance at a public an eligible high school in this state. (2)(6) 'Eligible postsecondary institution' or 'postsecondary institution' means any eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3519. (4) 'Prior school year in attendance' means that the student was reported as enrolled in a public school for funding purposes during the preceding October and March fulltime equivalent (FTE) program counts in accordance with Code Section 20-2-160. (5)(7) 'Program' means the arrangement authorized by this Code section whereby an eligible high school student takes all of his or her one or more dual credit courses at or through an eligible institution or a virtual course approved by the State Board of Education and receives secondary credit from his or her high school with the goal of completing graduation postsecondary credit and high school diploma requirements. (6)(8) 'Secondary credit' means high school credit for dual credit courses taken at or through an eligible postsecondary institution under the program. (b)(c) Any eligible high school student may apply to an eligible postsecondary institution to take one or more dual credit courses at or through that postsecondary institution which are approved for secondary credit pursuant to subsection (d) (f) of this Code section. If accepted at an eligible postsecondary institution, such eligible high school student may take any such approved dual credit course at or through that postsecondary institution, whether or not the course is taught during the regular public eligible high school day, and receive secondary credit therefor under the conditions provided in this Code section. An eligible institution which accepts an eligible student authorized to apply for enrollment under the program shall not receive any state funds for that student unless such institution complies with the requirements of this Code section regarding eligible institutions. (c)(d) In consultation with and subject to approval by the commission, the The department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to local school systems eligible high schools and eligible postsecondary institutions. No later than the first day of April February each year, each local school system eligible high school shall provide general information about the program, including such forms, to all its tenth and eleventh grade eligible high school students. An eligible high school A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to such students and their parents or guardians before the students enroll in the program. Prior to participating in the program, the student and the student's parent or guardian shall sign the form provided by the school system eligible high school or by an eligible postsecondary institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program. Program information and materials shall be provided to each eighth grade public school student at the time the student is developing his or her individual graduation plan as required by Code Section 20-2-327. 3920 JOURNAL OF THE SENATE (e) Each eligible high school shall be required to execute a participation agreement as prescribed by the commission. (d)(f)(1) A participating eligible high school A local school system shall grant academic secondary credit to an eligible high school student enrolled in a dual credit course in an eligible postsecondary institution if that course has been approved by the State Board of Education and if such student successfully completes that course. The State Board of Education shall approve any such course which is substantially comparable to a state approved course. The secondary credit granted shall be for the a comparable required course; career, technical, and agricultural education course; or elective course and course hours approved by the State Board of Education. Upon completion of an eligible postsecondary institution's approved dual credit course, the eligible high school student shall be responsible for requesting that the eligible postsecondary institution notify the student's local school system eligible high school regarding his or her grade in that course. (2) Secondary school credits granted for eligible postsecondary institution dual credit courses under paragraph (1) of this subsection shall be counted toward State Board of Education by the eligible high school toward graduation requirements and subject area requirements of the local school system eligible high school. Evidence of successful completion of each dual credit course and secondary credits granted shall be included in the eligible high school student's secondary school records. (3) A participating eligible high school shall be required The State Board of Education shall establish rules to require local school systems to award a high school diploma to any eligible high school student who is enrolled at or through an eligible postsecondary institution under the program as long as the credit earned at or through such postsecondary institution satisfies course requirements needed for the eligible high school student to complete high school graduation. The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall determine appropriate courses to meet these requirements. No later than July 1, 2015, the Department of Education shall communicate to high schools the subject area requirements or elective courses that may be satisfied with dual credit courses provided by eligible postsecondary institutions, which shall include completion of: (A) At least the following state required ninth and tenth grade level high school courses or their equivalent: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; and (B) One of the following: (i) An associate degree program; (ii) A technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (iii) At least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education THURSDAY, APRIL 2, 2015 3921 and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as determined by the Technical College System of Georgia. The department shall consult the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia in developing rules and regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for program participation. (e)(1) The department shall pay to eligible institutions through appropriation of state funds the lesser of the following amounts for each participating eligible student enrolled therein, less a records fee of $200.00 for administration costs of the local school system: (A) The actual cost of tuition, materials, and fees directly related to the courses taken by the eligible student at such institution; or (B) The amount that the participating eligible student would have earned under this article if he or she had been in equivalent instructional programs in the local school system. (2) The total allotment of state funds to the local school system in which a participating student is enrolled at an eligible institution pursuant to this Code section shall be calculated as otherwise provided in this article with an ensuing reduction equivalent to the amount of state funds appropriated to such eligible institution pursuant to this subsection. (3) The records fee contained in paragraph (1) of this subsection may be increased by the State Board of Education by up to 4 percent annually, at the board's sole discretion. (4) An eligible institution shall not charge an eligible student for coursework taken pursuant to this program and shall accept the payment made pursuant to paragraph (1) of this subsection as full payment for such eligible student. (f) The State Board of Education shall establish rules and regulations relating to applicable state and federal testing requirements for eligible students participating in the program. (g) An eligible student enrolled in an eligible institution for secondary credit shall not be eligible for any other state student financial aid at an eligible institution for courses taken under the program. 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 eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor. (h)(g) Hours for dual credit courses taken at or through an eligible postsecondary institution pursuant to this Code section by a participating an eligible high school student shall not count against any maximum hourly caps which may be applicable for purposes of HOPE scholarships or grants. (i)(h) The commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this Code section relating to the program described in this Code section. 3922 JOURNAL OF THE SENATE (i) Every eligible postsecondary institution shall be subject to examination by the commission for the sole purpose of determining whether such postsecondary institution has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be conducted by the commission no less frequently than once every three years. The commission is authorized to conduct the examination using sampling and extrapolation techniques. However, nothing in this subsection shall be construed to interfere with the authority of the postsecondary institution to determine its own curriculum, philosophy, purpose, or administration. In the event it is determined that a postsecondary institution knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the amount paid to the postsecondary institution pursuant to such certification shall be refunded by the postsecondary institution to the commission. The commission may suspend a postsecondary institution from receiving payments under this Code section if it fails to refund any moneys deemed due pursuant to this subsection. (j) In order to participate in the program, each eligible postsecondary institution shall be required to enter into a participation agreement with the commission agreeing to: (1) Waive all mandatory and noncourse related fees for eligible high school students participating in the program; (2) Provide course books to eligible high school students participating in the program at no charge to the student; and (3) Accept the amount paid by the commission as full payment for an eligible high school student's tuition, mandatory and noncourse related fees, and course books. (k) The funding provided to the commission for the program shall be subject to annual appropriations enacted by the General Assembly beginning in Fiscal Year 2016. The commission shall set criteria for funding for tuition, mandatory and noncourse related fees, course books, and transportation. The amount of such funds to be paid shall be determined by the commission. The commission shall create a grant program, subject to the availability of funds, pursuant to which participating public eligible high schools may apply for transportation grants. Such grants shall be awarded based on criteria, terms, and conditions determined by the commission in consultation with the department. (l) In the event the funds made available to the commission are not sufficient to enable the commission to meet all funding requirements of the program, the amount paid to eligible postsecondary institutions shall be reduced by the commission. Under no circumstances shall the eligible postsecondary institutions require an eligible high school student participating in the program to pay for tuition, mandatory and noncourse related fees, or course books. (m) Students enrolled in a work based learning program under Code Section 20-2161.2 may be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the Department of Education and the Technical College System of Georgia provided students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate's degree." THURSDAY, APRIL 2, 2015 3923 SECTION 2. Said article is further amended by revising subsection (a.1) of Code Section 20-2-157, relating to uniform reporting system for certain purposes, dual credit courses, and academic eligibility requirements to receive a HOPE scholarship, as follows: "(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 20-2-161.3." SECTION 3. Said article is further amended by repealing in its entirety Code Section 20-2-159.5, relating to dual credit courses and requirements. SECTION 4. Said article is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, 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, technical, and 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 20-2-161.3 shall be counted for the high school program or other appropriate program for each segment in which the student is 3924 JOURNAL OF THE SENATE attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." SECTION 5. 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 substitute to SB 132. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 132. The following communication was received by the Secretary: THURSDAY, APRIL 2, 2015 3925 4/2/15 Due to business outside the Senate Chamber, I missed the vote on SB 132. Had I been present, I would have voted yea. /s/ David E. Lucas, Sr. District 26 The following bill was taken up to consider House action thereto: SB 203. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to provide for reports; 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 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Board of Regents of the University System of Georgia and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by revising Article 3, which is reserved, so as to enact a new Article 3 to read as follows: 3926 JOURNAL OF THE SENATE "ARTICLE 3 45-13-40. (a) There is created the Georgia World War I Centennial Commission. The commission shall consist of two members appointed by the Governor, two members appointed by the President of the Senate, and two members appointed by the Speaker of the House of Representatives. Each member of the commission shall serve for the existence of the commission. Any vacancy on the commission shall be filled by an appointment by the officer who appointed the member whose seat has become vacant. (b) The chairperson of the commission and vice chairperson shall be appointed by the commission from among its membership. The commission may establish such bylaws for its operation as it may deem appropriate. 45-13-41. The commission shall be attached for administrative purposes to the office of the Board of Regents of the University System of Georgia. If approved by the Board of Regents, the board shall provide support staff and facilities for the commission. The Attorney General shall provide legal counsel to the commission and shall provide legal representation in any matter involving the affairs of the commission. No additional state appropriations shall be made for this commission. 45-13-42. The purpose of the Georgia World War I Centennial Commission shall be: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I and Georgia's role in it; (2) To encourage private organizations and local governments in Georgia to organize and participate in activities commemorating the centennial of World War I; and (3) To serve as a clearinghouse for the collection and dissemination of information about events and plans, in Georgia, for the centennial of World War I. 45-13-43. The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate to carry out its duties under this Act. 45-13-44. The commission shall secure directly from any state department or agency such information as the commission considers necessary to carry out the provisions of this Act. Upon the request of the chairperson of the commission, the head of such department or agency shall furnish such information to the commission. 45-13-45. The commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the commission. THURSDAY, APRIL 2, 2015 3927 45-13-46. Gifts, bequests, and devises of services or property, both real and personal, received by the commission provided under this article shall be the only source of funds to cover the costs incurred by the commission under this article. No state funds shall be appropriated for the commission's operation. 45-13-47. (a) Not later than December 31, 2015, and not later than the last day of each threemonth period thereafter, the commission shall submit to the General Assembly and the Governor a report on the activities and plans of the commission. (b) Not later than June 30, 2017, the commission shall submit to General Assembly and Governor a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. 45-13-48. The commission shall terminate on the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of World War I or July, 28, 2019, whichever date is earlier." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 6th moved that the Senate agree to the House substitute to SB 203. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Williams, T 3928 JOURNAL OF THE SENATE On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 203. The following communication was received by the Secretary: April 2, 2015 I inadvertently missed the vote on SB 203. Please reflect in the Journal that my intent was to vote yes. /s/ Miller District 49 The following bill was taken up to consider House action thereto: HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; 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 substitute to HB 308 (LC 34 4679S) by deleting lines 60 and 61 and inserting in lieu thereof the following: (c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month period. By deleting "$20" and inserting "$10" on line 66; By deleting lines 67 through 69 and inserting in lieu thereof the following: individual certified structure. In no event shall more than one application for any individual certified structure under this paragraph be approved in any 120 month period. By deleting lines 103 through 106 and inserting in lieu thereof the following: entities, but no further sale or assignment of any credit previously sold or assigned pursuant to this subparagraph shall be allowed. All such transfers shall be THURSDAY, APRIL 2, 2015 3929 Senator Watson of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 308. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler N Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn N Gooch N Harbin Y Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk N Ligon Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Shafer Sims Y Stone Y Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 40, nays 10; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 308. The following bill was taken up to consider House action thereto: SB 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. 3930 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to address issues relating to the advancement and use of technology in schools; to establish and implement policies and requirements with respect to the collection and disclosure of student data; to provide for a short title; to provide for legislative intent and findings; to provide for definitions; to provide for a Department of Education leader to serve as the chief privacy officer; to provide disclosures and requirements for the state data system; to provide for student data collection and reporting restrictions; to provide for a detailed data security plan for the state data system; to provide for restrictions on the use of student data by operators; to provide for parental rights to inspect and correct student data; to provide for rules and regulations; to provide for related matters; to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to encourage local boards of education to provide instructional materials and content to be in digital or electronic format; to encourage local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Article 15, which is reserved, to read as follows: "ARTICLE 15 20-2-660. This article shall be known and may be cited as the 'Student Data Privacy, Accessibility, and Transparency Act.' 20-2-661. (a) The General Assembly acknowledges that student data is a vital resource for parents, teachers, and school staff, and it is the intent of the General Assembly to ensure that student data is safeguarded and that students' and parents' privacy is honored, THURSDAY, APRIL 2, 2015 3931 respected, and protected. (b) The General Assembly finds that: (1) Student data allows parents and students to make more informed choices about educational programs and to better gauge a student's educational progress and needs; (2) Teachers and school staff utilize student data in planning responsive education programs and services, scheduling students into appropriate classes, and completing reports for educational agencies; (3) Student information is critical in helping educators assist students in successfully graduating from high school and preparing to enter the workforce or postsecondary education; (4) In emergencies, certain information should be readily available to school officials and emergency personnel to assist students and their families; (5) A limited amount of this information makes up a student's permanent record or transcript; and (6) Student information is important for educational purposes, and it is also critically important to ensure that student information is protected, safeguarded, kept private, and used only by appropriate educational authorities to serve the best interests of the student. 20-2-662. As used in this article, the term: (1) 'Aggregate student data' means data that is not personally identifiable and that is collected or reported at the group, cohort, or institutional level. (2) 'De-identified data' means a student data set that is not student personally identifiable information because the local board of education or department or other party has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information. (3) 'Department' means the Department of Education. (4) 'Education record' means an education record as defined in the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3. An education record does not include the types of student data excepted in FERPA, does not include student data collected by an operator when it is used for internal operations purposes, does not include student data that is not formatted for or expected to be accessed by school, local board of education, or department employees, nor does it include student data that a local board of education determines cannot reasonably be made available to the parent or eligible student. (5) 'Eligible student' means a student who has reached 18 years of age or is attending an institution of postsecondary education. (6) 'K-12 school purposes' means purposes that take place at the direction of the K-12 school, teacher, or local board of education or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, 3932 JOURNAL OF THE SENATE administrative activities, preparing for postsecondary education or employment opportunities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school. (7) 'Online service' includes cloud computing services. (8) 'Operator' means any entity other than the department, local boards of education, the Georgia Student Finance Commission, or schools to the extent that the entity: (A) Operates an Internet website, online service, online application, or mobile application with actual knowledge that the website, service, or application is used for K-12 school purposes and was designed and marketed for K-12 school purposes to the extent that it is operating in that capacity; and (B) Collects, maintains, or uses student personally identifiable information in a digital or electronic format. (9) 'Provisional student data' means new student data proposed for inclusion in the state data system. (10) 'State-assigned student identifier' means the unique student identifier assigned by the state to each student that shall not be or include the social security number of a student in whole or in part. (11) 'State data system' means the department state-wide longitudinal data system established pursuant to Code Section 20-2-320. (12) 'Student data' means information regarding a K-12 student who is a resident of this state that is collected and maintained at the individual student level in this state, including but not limited to: (A) Data descriptive of a student in any media or format, including but not limited to: (i) The student's first and last name; (ii) The name of the student's parent or other family members; (iii) The physical address, email address, phone number, or other information that allows physical or online contact with the student or student's family; (iv) A student's personal identifier, such as the student number, when used for identification purposes; (v) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (vi) State, local, school, or teacher administered assessment results, including participation information; (vii) Transcript information including but not limited to courses taken and completed, course grades and grade point average, credits earned, degree, diploma, credential attainment, or other school exit information; (viii) Attendance and mobility information between and within local school systems in this state; (ix) The student's sex, race, and ethnicity; (x) Program participation information required by state or federal law; (xi) Disability status; (xii) Socioeconomic information; THURSDAY, APRIL 2, 2015 3933 (xiii) Food purchases; or (xiv) Emails, text messages, documents, search activity, photos, voice recordings, and geolocation information; or (B) Such information that: (i) Is created or provided by a student, or the student's parent or legal guardian, to an employee or agent of the school, local board of education, or the department or to an operator in the course of the student's or parent's or legal guardian's use of the operator's site, service, or application for K-12 school purposes; (ii) Is created or provided by an employee or agent of the school or local board of education, including to an operator in the course of the employee's or agent's use of the operator's site, service, or application for K-12 school purposes; or (iii) Is gathered by an operator through the operation of an operator's site, service, or application for K-12 school purposes. (13) 'Student personally identifiable data' or 'student personally identifiable information' or 'personally identifiable information' means student data that personally identifies a student that, alone or in combination, is linked to information that would allow a reasonable person who does not have personal knowledge of the relevant circumstances to identify the student. (14) 'Targeted advertising' means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred from that student's online behavior, usage of applications, or student data. 'Targeted advertising' does not include advertising to a student at an online location based upon that student's current visit to that location or single search query without collection and retention of a student's online activities over time. 20-2-663. (a) The State School Superintendent shall designate a senior department employee to serve as the chief privacy officer of the department to assume primary responsibility for data privacy and security policy, including: (1) Establishing department-wide policies necessary to assure that the use of technologies sustains, enhances, and does not erode privacy protections relating to the use, collection, and disclosure of student data; (2) Ensuring that student data contained in the state data system is handled in full compliance with this article, the federal Family Educational Rights and Privacy Act, and other state and federal data privacy and security laws; (3) Evaluating legislative and regulatory proposals involving use, collection, and disclosure of student data by the department; (4) Conducting a privacy impact assessment on legislative proposals, regulations, and program initiatives of the department, including the type of personal information collected and the number of students affected; (5) Coordinating with the Attorney General's office and other legal entities as necessary to ensure that state programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and 3934 JOURNAL OF THE SENATE comprehensive manner; (6) Preparing an annual report to the General Assembly on activities of the department that affect privacy, including complaints of privacy violations, internal controls, and other matters; (7) Working with the department general counsel and other officials in engaging with stakeholders about the quality, usefulness, openness, and privacy of data; (8) Establishing and operating a department-wide Privacy Incident Response Program to ensure that incidents involving department data are properly reported, investigated, and mitigated, as appropriate; (9) Establishing a model process and policy for any parent to file complaints of privacy violations or inability to access his or her child's education records against the responsible local board of education pursuant to Code Section 20-2-667; and (10) Providing training, guidance, technical assistance, and outreach to build a culture of privacy protection, data security, and data practice transparency to students, parents, and the public among all state and local governmental education entities that collect, maintain, use, or share student data. (b) The chief privacy officer may investigate issues of compliance with this article and with other state data privacy and security laws by the department and local boards of education and may: (1) Have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the department that relate to programs and operations with respect to the responsibilities of the chief privacy officer under this Code section; (2) Make such investigations and reports relating to the administration of the programs and operations of the department as are necessary or desirable; and (3) In matters relating to compliance with federal laws, refer the matter to the appropriate federal agency and cooperate with any investigations by such federal agency. 20-2-664. The department shall: (1) Create, publish, and make publicly available a data inventory and dictionary or index of data elements with definitions of student personally identifiable data fields in the state data system to include, but not be limited to: (A) Any student personally identifiable data required to be reported by state and federal education mandates; (B) Any student personally identifiable data which is included or has been proposed for inclusion in the state data system with a statement regarding the purpose or reason for the proposed collection; and (C) Any student data that the department collects or maintains with no current identified purpose; (2) Develop, publish, and make publicly available policies and procedures for the state data system to comply with this article and other applicable state and federal data THURSDAY, APRIL 2, 2015 3935 privacy and security laws, including the federal Family Educational Rights and Privacy Act. Such policies and procedures shall include, at a minimum: (A) Restrictions on granting access to student data in the state data system, except to the following: (i) Students and their parents, as provided by the collecting local board of education; (ii) The authorized administrators, teachers, and other school personnel of local boards of education, and the contractors or other authorized entities working on their behalf, that enroll students who are the subject of the data and who require such access to perform their assigned duties; (iii) The authorized staff of the department, and the contractors or other authorized entities working on behalf of the department, who require such access to perform their assigned duties as authorized by law or defined by interagency or other data sharing agreements; and (iv) The authorized staff of other state agencies in this state as required or authorized by law, including contractors or other authorized entities working on behalf of a state agency that require such access to perform their duties pursuant to an interagency agreement or other data sharing agreement; (B) Prohibitions against publishing student data other than aggregate data or deidentified data in public reports; and (C) Consistent with applicable law, criteria for the approval of research and data requests from state and local agencies, the General Assembly, those conducting research including on behalf of the department, and the public that involve access to student personally identifiable information; (3) Unless otherwise provided by law or approved by the State Board of Education, not transfer student personally identifiable data to any federal, state, or local agency or nongovernmental organization, except for disclosures incident to the following actions: (A) A student transferring to another school or school system in this state or out of state or a school or school system seeking help with locating a transferred student; (B) A student enrolling in a postsecondary institution or training program; (C) A student registering for or taking a state, national, or multistate assessment where such data is required to administer the assessment; (D) A student voluntarily participating in a program for which such a data transfer is a condition or requirement of participation; (E) The federal government requiring the transfer of student data for a student classified as a 'migrant' for related federal program purposes; (F) A federal agency requiring student personally identifiable data to perform an audit, compliance review, or complaint investigation; or (G) An eligible student or student's parent or legal guardian requesting such transfer; (4) Develop a detailed data security plan for the state data system that includes: (A) Guidelines for authorizing access to the state data system and to student 3936 JOURNAL OF THE SENATE personally identifiable data including guidelines for authentication of authorized access; (B) Privacy and security audits; (C) Plans for responding to security breaches, including notifications, remediations, and related procedures; (D) Data retention and disposal policies; (E) Data security training and policies including technical, physical, and administrative safeguards; (F) Standards regarding the minimum number of students or information that must be included in a data set in order for the data to be considered aggregated and, therefore, not student personally identifiable data subject to requirements in this article and in other federal and state data privacy laws; (G) A process for evaluating and updating as necessary the data security plan, at least on an annual basis, in order to identify and address any risks to the security of student personally identifiable data; and (H) Guidance for local boards of education to implement effective security practices that are consistent with those of the state data system; (5) Ensure routine and ongoing compliance by the department with the federal Family Educational Rights and Privacy Act, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this article, including the performance of compliance audits for the department; (6) Notify the Governor and the General Assembly annually of the following matters relating to the state data system: (A) New provisional student data proposed for inclusion in the state data system: (i) Any new provisional student data collection proposed by the department shall become a provisional requirement to allow local boards of education and their local data system vendors the opportunity to meet the new requirement; and (ii) The department shall announce any new provisional student data collection to the general public for a review and comment period of at least 60 days; (B) Changes to existing student personally identifiable data collections required for any reason, including changes to federal reporting requirements made by the United States Department of Education; (C) A list of any special approvals granted by the department pursuant to subparagraph (C) of paragraph (3) of this Code section in the past year regarding the release of student personally identifiable data; and (D) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities; and (7) Develop policies and procedures to ensure the provision of at least annual notifications to eligible students and parents or guardians regarding student privacy rights under federal and state law. THURSDAY, APRIL 2, 2015 3937 20-2-665. (a) Unless required by state or federal law or in cases of health or safety emergencies, local boards of education shall not report to the department the following student data or student information: (1) Juvenile delinquency records; (2) Criminal records; or (3) Medical and health records. (b) Unless required by state or federal law or in cases of health or safety emergencies, schools shall not collect the following data on students or their families: (1) Political affiliation; (2) Voting history; (3) Income, except as required by law or where a local board of education determines income information is required to apply for, administer, research, or evaluate programs to assist students from low-income families; or (4) Religious affiliation or beliefs. 20-2-666. (a) An operator shall not knowingly engage in any of the following activities with respect to such operator's site, service, or application without explicit written consent from the student's parent or guardian, or an eligible student: (1) Use student data to engage in behaviorally targeted advertising on the operator's site, service, or application or target advertising on any other site, service, or application when the targeting of the advertising is based upon any student data and state-assigned student identifiers or other persistent unique identifiers that the operator has acquired because of the use of such operator's site, service, or application; (2) Use information, including state-assigned student identifiers or other persistent unique identifiers, created or gathered by the operator's site, service, or application, to amass a profile about a student except in furtherance of K-12 school purposes. For purposes of this paragraph, 'amass a profile' does not include collection and retention of account records or information that remains under the control of the student, parent, or local board of education; (3) Sell a student's data. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this Code section with respect to previously acquired student data that is subject to this article; or (4) Disclose student personally identifiable data without explicit written or electronic consent from a student over the age of 13 or a student's parent or guardian, given in response to clear and conspicuous notice of the activity, unless the disclosure is made: (A) In furtherance of the K-12 school purposes of the site, service, or application; provided, however, that the recipient of the student data disclosed (i) shall not further disclose the student data unless done to allow or improve the operability and functionality within that student's classroom or school, and (ii) is legally required to comply with the requirements of this article and not use the student information in 3938 JOURNAL OF THE SENATE violation of this article; (B) To ensure legal or regulatory compliance or protect against liability; (C) To respond to or participate in judicial process; (D) To protect the security or integrity of the entity's website, service, or application; (E) To protect the safety of users or others or security of the site; (F) To a service provider, provided that the operator contractually (i) prohibits the service provider from using any student data for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) requires such service provider to impose the same restrictions as in this paragraph on its own service providers, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subsection (b) of this Code section; or (G) For an educational, public health, or employment purpose requested by the student's parent or guardian, provided that the information is not used or further disclosed for any purpose. (b) An operator shall: (1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the student data to protect that information from unauthorized access, destruction, use, modification, or disclosure; and (2) Delete a student's data within a reasonable timeframe not to exceed 45 days if the school or local board of education requests deletion of data under the control of the school or local board of education. (c) Notwithstanding paragraph (4) of subsection (a) of this Code section, an operator may disclose student data, so long as paragraphs (1) to (3), inclusive, of subsection (a) of this Code section are not violated, under the following circumstances: (1) If another provision of federal or state law requires the operator to disclose the student data, and the operator complies with applicable requirements of federal and state law in protecting and disclosing that information; (2) For legitimate research purposes: (A) As required by state or federal law and subject to the restrictions under applicable state and federal law; or (B) As allowed by state or federal law and under the direction of a school, a local board of education, or the department, subject to compliance with subsection (a) of this Code section; or (3) To a state agency, local board of education, or school, for K-12 school purposes, as permitted by state or federal law. (d) Nothing in this Code section prohibits an operator from using student data, including student personally identifiable data, as follows: (1) For maintaining, delivering, developing, supporting, evaluating, improving, or diagnosing the operator's site, service, or application; (2) Within other sites, services, or applications owned by the operator, and intended for the school or student use, to evaluate and improve educational products or services THURSDAY, APRIL 2, 2015 3939 intended for the school or student use; (3) For adaptive learning or customized student learning purposes; (4) For recommendation engines to recommend additional content or services to students within a school service's site, service, or application without the response being determined in whole or in part by payment or other consideration from a third party; (5) To respond to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party; or (6) To ensure legal or regulatory compliance or to retain such data for these purposes. (e) Nothing in this Code section prohibits an operator from using or sharing aggregate data or de-identified data as follows: (1) For the development and improvement of the operator's site, service, or application or other educational sites, services, or applications; or (2) To demonstrate the effectiveness of the operator's products or services, including their marketing. (f) This Code section shall not be construed to limit the authority of a law enforcement agency to obtain any content or student data from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (g) This Code section does not apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's site, service, or application may be used to access those general audience sites, services, or applications. (h) This Code section shall not be construed to limit Internet service providers from providing Internet connectivity to schools or students and their families. (i) This Code section shall not be construed to prohibit an operator from marketing educational products directly to parents so long as the marketing did not result from the use of student data obtained without parental consent by the operator through the provision of services covered under this Code section. (j) This Code section shall not be construed to impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this Code section on those applications or software. (k) This Code section shall not be construed to impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this Code section by third-party content providers. (l) This Code section shall not be construed to impede the ability of a student or parent or guardian to download, transfer, or otherwise save or maintain their own student data or documents. (m) Nothing in this Code section or this article prevents the department or local board of education and their employees from recommending, directly or via a product or 3940 JOURNAL OF THE SENATE service, any educational materials, online content, services, or other products to any student or his or her family if the department or local board of education determines that such products will benefit the student and does not receive compensation for developing, enabling, or communicating such recommendations. 20-2-667. (a) A parent shall have the right to inspect and review his or her child's education record maintained by the school or local board of education. (b) A parent may request from the school or local board of education student data included in his or her child's education record, including student data maintained by an operator, except when the local board of education determines that the requested data maintained by the operator cannot reasonably be made available to the parent. (c) Local boards of education shall provide a parent or guardian with an electronic copy of his or her child's education record upon request, unless the local board of education does not maintain a record in electronic format and reproducing the record in an electronic format would be unduly burdensome. (d) A parent or eligible student shall have the right to request corrections to inaccurate education records maintained by a school or local board of education. After receiving a request demonstrating any such inaccuracy, the school or local board of education that maintains the data shall correct the inaccuracy and confirm such correction to the parent or eligible student within a reasonable amount of time. (e) The rights contained in subsections (a) through (d) of this Code section shall extend also to eligible students seeking to access their own education records. (f) The department shall develop model policies for local boards of education that: (1) Support local boards of education in fulfilling their responsibility to annually notify parents of their right to request student information; (2) Assist local boards of education with ensuring security when providing student data to parents; (3) Provide guidance and best practices to local boards of education in order to ensure that local boards of education provide student data only to authorized individuals; (4) Support local boards of education in their responsibility to produce education records and student data included in such education records to parents and eligible students, ideally within three business days of the request; and (5) Assist schools and local boards of education with implementing technologies and programs that allow a parent to view online, download, and transmit data specific to his or her child's education record. (g)(1) The department shall develop model policies and procedures for a parent or eligible student to file a complaint with a local school system regarding a possible violation of rights under this article or under other federal or state student data privacy and security laws which shall ensure that: (A) Each local school system designates at least one individual with responsibility to address complaints filed by parents or eligible students; THURSDAY, APRIL 2, 2015 3941 (B) A written response is provided to the parent's or student's complaint; (C) An appeal may be filed with the local school superintendent; and (D) An appeal for a final decision may be made to the local board of education. (2) Within six months of adoption by the department of model policies and procedures pursuant to paragraph (1) of this subsection, each local board of education shall adopt policies and procedures that include, at a minimum, such department model policies and procedures. (h) Nothing in this Code section shall authorize any additional cause of action beyond the process described in this Code section or as otherwise authorized by state law. 20-2-668. (a) The State Board of Education may adopt rules and regulations necessary to implement the provisions of this article. (b) As of July 1, 2016, any existing collection of student data by the department shall not be considered provisional student data. Reserved." PART II SECTION 2-1. This Act shall be known and may be cited as the "Digital Classroom Act." SECTION 2-2. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, is amended as follows: "ARTICLE 19 20-2-1010. (a) The State Board of Education is authorized to prescribe, by regulation, the definition of the term 'textbook' 'instructional materials and content' to include but not be limited to systematically designed material in any medium, whether print, nonprint, or digital including digital instructional materials and content and any computer hardware, software, and technical equipment necessary to support such material instructional materials and content, that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks instructional materials and content for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks various instructional materials and content so listed or adopted for any particular grade. (b) Nothing in this Code section shall be construed to exempt computer hardware or related equipment acquired by the state from competitive bidding. 3942 JOURNAL OF THE SENATE 20-2-1011. The State Board of Education may provide for the selection, acquisition, or and purchase of free textbooks instructional materials and content either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books instructional materials and content at the lowest possible costs, provided such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the state board. None of the books instructional materials and content so purchased shall contain anything of a partisan or sectarian nature. 20-2-1012. (a) The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this state to examine textbooks instructional materials and content and make recommendations thereon to the state board. Such committee or committees shall consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the state board may prescribe and shall receive such compensation as may be fixed by the state board. (b) In addition to any other method of textbook instructional materials and content selection, the State Board of Education shall add to the approved list of textbooks instructional materials and content for use in the public schools of this state any textbook or series of textbooks instructional materials and content requested in writing by: (1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the textbook instructional materials and content requested, if the requisite number of requests for the specified textbook instructional materials and content are received within any 365 day period. A textbook Instructional materials and content so required to be added to the approved list shall be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall be included upon the approved list which indicates the manner in which any textbook was instructional materials and content were added to the list. Other than the selection method, publishers whose textbooks instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding textbooks instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability. 20-2-1013. (a) The State Board of Education is authorized and directed to inaugurate and administer a system of free textbooks instructional materials and content for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose. THURSDAY, APRIL 2, 2015 3943 (b) All hardbound or softbound textbooks, library books, and media materials instructional materials and content and any computer hardware, software, and technical equipment necessary to support such digital materials and content purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall may remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content;, library books,; and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a any lost or damaged textbook, instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book,; or media material at the replacement cost: (1) Refusal to issue or make available any additional textbooks, instructional materials and content, any computer hardware, software, and technical equipment necessary to support such materials and content, any library books, or any media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book,; or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect. 20-2-1014. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the state shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book instructional materials and content. 20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook, which may include a digital version. (a) Local boards of education are strongly encouraged on and after July 1, 2020 to: (1) Purchase all instructional materials and content in digital or electronic format; and (2) Provide a laptop, tablet, or other wireless electronic device to each of its students in grades three and higher or allow students to provide their own for use as the 3944 JOURNAL OF THE SENATE principal source of reading or accessing instructional materials and content, (b) The State Board of Education shall annually determine a reasonable level of funding to assist local boards of education in attaining complete digital access pursuant to this Code section. Such level of funding shall annually be presented to the General Assembly for its consideration in including appropriations for such purposes. 20-2-2016. This article shall not apply to students in home study programs or virtual courses." PART III SECTION 3-1. (a) Part I of this Act shall become effective on July 1, 2016; provided, however, that to the extent any provision of this Act conflicts with a term of a contract entered into by a state agency, local board of education, or operator in effect prior to July 1, 2016, such provision shall not apply to the state agency, local board of education, or the operator subject to such agreement until the expiration, amendment, or renewal of such agreement. (b) Parts II and III of this Act shall become effective on July 1, 2015. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Albers of the 56th moved that the Senate agree to the House substitute to SB 89. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T THURSDAY, APRIL 2, 2015 3945 On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 89. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 126. By Senators 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 Official Code of Georgia Annotated, relating to pharmacists and pharmacies; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; 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 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes. 3946 JOURNAL OF THE SENATE The House has agreed to the Senate substitutes to the following Bills of the House: HB 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Morris of the 156th and Kaiser of the 59th: A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 661. By Representatives Drenner of the 85th, Henson of the 86th, Jacobs of the 80th, Anderson of the 92nd, Kendrick of the 93rd and others: A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Stephens of the 165th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved THURSDAY, APRIL 2, 2015 3947 May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; 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 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to provide for an effective date and applicability; 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 511. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; 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 Committee on Health and Human Services substitute to HB 511 (LC 37 2024S) by striking lines 3 through 17 and inserting in lieu thereof the following: technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 20 and 21 and inserting in lieu thereof the following: SECTION 1. By striking lines 45 through 257 and inserting in lieu thereof the following: SECTION 2. 3948 JOURNAL OF THE SENATE Senator Unterman of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 511. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 511. The following bill was taken up to consider House action thereto: SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a THURSDAY, APRIL 2, 2015 3949 provider to offer continuing care at home; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, is amended by revising Code Section 33-45-1, relating to definitions, as follows: "33-45-1. As used in this chapter, the term: (1) 'Continuing care' means furnishing pursuant to a continuing care agreement: (A) Lodging that is not: (i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-712.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Nursing care provided in a facility or in another setting designated by the agreement for continuing care to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee including skilled or intermediate nursing services and, at the discretion of the continuing care provider, personal care services including, without limitation, assisted living care services designated by the continuing care agreement, including such services being provided pursuant to a contract to ensure the availability of such services to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Such term shall not include continuing care at home. (2) 'Continuing care agreement' means a contract or agreement to provide continuing care, continuing care at home, or limited continuing care. Agreements to provide continuing care or limited continuing care Continuing care agreements include agreements to provide care for any duration, including agreements that are terminable by either party. (2.1) 'Continuing care at home' means the furnishing of services pursuant to a continuing care agreement at a location other than at a facility and which includes the obligation to provide nursing care, assisted living care, or personal care home services. A continuing care at home agreement may, but is not required to, include an obligation to provide food. (3) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident continuing care, limited 3950 JOURNAL OF THE SENATE continuing care, or continuing care upon the purchase of a resident owned living unit; provided, however, that any such initial or deferred payment which is greater than or equal to 12 times the monthly care fee shall be presumed to be an entrance fee so long as such payment is intended to be a full or partial payment to assure the resident lodging in a residential unit. An accommodation fee, admission fee, or other fee of similar form and application greater than or equal to 12 times the monthly care fee shall be considered to be an entrance fee. Such term shall not include any portion of the purchase or sale of a resident owned living unit. (4) 'Facility' means a place which is owned or operated by a provider and provides continuing care or limited continuing care. Such term includes a facility which contains resident owned living units. (5) 'Licensed' means that the provider has obtained a certificate of authority from the department. (6) 'Limited continuing care' means furnishing pursuant to a continuing care agreement: (A) Lodging that is not: (i) In a skilled nursing facility, as such term is defined in paragraph (34) of Code Section 31-6-2; (ii) An intermediate care facility, as such term is defined in paragraph (22) of Code Section 31-6-2; (iii) An assisted living community, as such term is defined in Code Section 31-712.2; or (iv) A personal care home, as such term is defined in Code Section 31-7-12; (B) Food; and (C) Personal services, whether such personal services are provided in a facility such as a personal care home or an assisted living community or in another setting designated by the continuing care agreement, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Such term shall not include continuing care at home. (7) 'Monthly care fee' means the fee charged to a resident for continuing care or limited continuing care on a monthly or periodic basis. Monthly care fees may be increased by the provider to provide care to the resident as outlined in the continuing care agreement. Periodic fee payments or other prepayments shall not be monthly care fees. (8) 'Nursing care' means services which are provided to residents of skilled nursing facilities or intermediate care facilities. (9) 'Personal services' means, but is not limited to, such services as individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. Personal services may be provided at a facility or at a home on or off site of a facility. Personal THURSDAY, APRIL 2, 2015 3951 services shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Personal services provided, if any, shall be designated in the continuing care agreement. (10) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care, or limited continuing care, or continuing care at home for a fixed or variable fee, or for any other remuneration of any type for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (11) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may permit a resident to live at a home on or off site of a facility but shall not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. (12) 'Resident owned living unit' means a residence or apartment, the purchase or sale of which is not included in an entrance fee, which is a component part of a facility and in which the resident has an individual real property ownership interest. (13) 'Residential unit' means a residence or apartment in which a resident lives that is not a skilled nursing facility as defined in paragraph (34) of Code Section 31-6-2, an intermediate care facility as defined in paragraph (22) of Code Section 31-6-2, an assisted living community as defined in Code Section 31-7-12.2, or a personal care home as defined in Code Section 31-7-12." SECTION 2. Said chapter is further amended in Code Section 33-45-3, relating to certificate of authority required for operation of continuing care facilities, by adding two new subsections to read as follows: "(c) Nothing in this chapter shall be construed so as to allow private home care services to be provided by any person or entity other than a licensed private home care provider. (d) A provider of continuing care at home may contract with a licensed home health agency to provide home health services to a resident. In order to provide home health services directly, a provider of continuing care at home shall obtain a certificate of need for a home health agency, as such term is defined in paragraph (20) of Code Section 316-2, pursuant to the same criteria and rules as are applicable to freestanding home health agencies that are not components of continuing care retirement communities." SECTION 3. Said chapter is further amended by revising Code Section 33-45-7.1, relating to provider authorized to offer continuing care when resident purchases resident owned living unit, as follows: 3952 JOURNAL OF THE SENATE "33-45-7.1. A provider which has obtained a certificate of authority pursuant to Code Section 3345-5 and the written approval of the commissioner is authorized to offer, as a part of the continuing care agreement, continuing care at home or continuing care in which the resident purchases a resident owned living unit, subject to the provisions of Chapters 6 and 7 of Title 31 and rules and regulations promulgated by the Department of Community Health pursuant to such chapters relating to certificate of need and licensure requirements." SECTION 4. 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 111. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Thompson, C Y Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 111. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 3953 HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; 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 279 (LC 29 6628S) by inserting after "circumstances;" on line 4 the following: to increase the number of Court of Appeals Judges; to change provisions relating to a quorum; to provide for the Judges' appointment and election; By inserting between lines 38 and 39 the following: Said title is further amended by revising subsections (a) and (e) of Code Section 15-3-1, relating to composition of the Court of Appeals and quorum, as follows: "(a) Composition. The Court of Appeals shall consist of 12 15 Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court." "(e) Quorum. When all the members of the court are sitting together as one court, seven eight Judges shall be necessary to constitute a quorum. In all cases decided by such court as a whole by less than 12 15 Judges, the concurrence of at least seven eight shall be essential to the rendition of a judgment." SECTION 1-2A. Said title is further amended by revising Code Section 15-3-4, relating to election and term of office of Judges of Court of Appeals, as follows: "15-3-4. (a) The Judges of the Court of Appeals shall be elected at the general primary in each even-numbered year in the manner in which Justices of the Supreme Court are elected. The election of the Judges shall be as follows: (1) Successors to the Judges serving in judgeships which existed prior to 1999 shall be elected as follows: (A) Successors to any Judges whose terms expired at the end of 1998 shall be elected at the general election in 2004 and each sixth year thereafter; (B) Successors to any Judges whose terms expire at the end of 2000 shall be elected at the general election in 2000 and each sixth year thereafter; 3954 JOURNAL OF THE SENATE (C) Successors to any Judges whose terms expire at the end of 2002 shall be elected at the general election in 2002 and each sixth year thereafter; and (D) Successors to any Judges whose terms expire at the end of 2004 shall be elected at the general election in 2004 and each sixth year thereafter; and (2) Successors to the two Judges serving in the judgeships created in 1999 shall be elected at the 2000 general election and each sixth year thereafter. The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor. (b) The additional judgeships created in 2015 shall be appointed by the Governor for a term beginning January 1, 2016, and continuing through December 31, 2018, and until their successors are elected and qualified. Their successors shall be elected in the manner provided by law for the election of Judges of the Court of Appeals at the nonpartisan judicial election in 2018, for a term of six years beginning on January 1, 2019, and until their successors are elected and qualified. Future successors shall be elected at the nonpartisan judicial election each sixth year after such election for terms of six years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election." SECTION 1-2B. By replacing lines 392 and 393 with the following: (2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016. Senator Bethel of the 54th moved that the Senate agree to the House amendment to the Senate substitute to HB 279. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E N Jones, H Y Kennedy Orrock Y Parent Y Ramsey Y Rhett N Seay Y Shafer Y Sims Y Stone N Tate N Thompson, B Y Thompson, C THURSDAY, APRIL 2, 2015 3955 Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath N Henson N Hill, H Y Kirk Y Ligon N Lucas Y Martin Y McKoon N Millar Y Miller Y Mullis N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 37, nays 18; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 279. The following resolution was taken up to consider House action thereto: SR 126. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Bill T. Hardman 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. Bill T. Hardman was named Georgia's first tourism director of the Georgia Department of Industry and Trade in 1959 and was charged with the responsibility of building this state's hospitality industry; and WHEREAS, Mr. Hardman established and served as president of the Southern Travel Directors' Council, conducted the first Governor's Conference on Tourism in this country, and promoted Georgia at travel conferences around the United States, Canada, and Europe; and WHEREAS, he helped organize and served as chairman of the National Association of Travel Organizations and served on the organization's board of directors for 49 years; and WHEREAS, Mr. Hardman developed the concept of building Welcome Centers at major highway entrances for the State of Georgia; and WHEREAS, in 1991 he created the Southeast Tourism Society's Marketing College at the University of North Georgia; each year 300 students from 12 southern states travel to Dahlonega to participate in this tourism oriented school, which has 879 graduates to date; and 3956 JOURNAL OF THE SENATE WHEREAS, he was active in the effort to preserve and restore Lumpkin County's original courthouse, which now serves as Dahlonega's Gold Museum, and was part of the group of local civic boosters who led a wagon train loaded with gold mined in Dahlonega to the State Capitol to promote Dahlonega as a major tourism destination; and WHEREAS, in his beloved hometown of Dahlonega, Mr. Hardman organized the Christmas Decorating Contest for Dahlonega merchants and raised funds to restore and display the Dahlonega Diving Bell, a relic from 1875 found in the Chestatee River; and WHEREAS, Mr. Hardman was awarded the Tourism Lifetime Achievement Award by the State of Georgia and was inducted into the Atlanta Hospitality Hall of Fame. PART II 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, E-4 Roger Dorsey demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending his fellow citizens during the Vietnam War on the Air Craft Carrier Intrepid as an E-4 and working on the aircraft departing and coming from Vietnam; and WHEREAS, E-4 Dorsey earned a bachelor's degree from the University of Tennessee at Chattanooga and served as the owner and operator of the Lil Pig Convenience Store in Rossville for 22 years; and WHEREAS, a proud member of the VFW Post #3679, E-4 Dorsey was awarded the Republic of Vietnam Campaign Medal and the National Defense Service Medal; and WHEREAS, E-4 Dorsey embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating an intersection in his memory. PART III WHEREAS, White County in Northeast Georgia is geographically considered part of the Appalachian mountain range; and WHEREAS, the cities of Cleveland and Helen in White County have promoted Cleveland as the gateway to the Appalachian mountain range for more than 20 years; and THURSDAY, APRIL 2, 2015 3957 WHEREAS, the Appalachian Trail runs through White County and provides access to Cleveland and Helen; and WHEREAS, White County was designated as an official "Appalachian Trail Community" in 2012 by the Appalachian Trail Conservancy; and WHEREAS, White County is well known for its Appalachian folk potter face jugs and is home to famous folk potter families including the Meaders, Hewell, Dorsey, and Ferguson families; and WHEREAS, the county is home to the Sautee Nacoochee Center, which includes an American Heritage site featuring 19th century Appalachian artifacts which is used as an American Appalachia teaching exhibit; and WHEREAS, Cleveland and Helen in White County are well known in the field of Appalachian heritage arts, promoting and developing educational programs to keep the Appalachia visual and performing arts alive; and WHEREAS, Cleveland is home to Xavier Roberts, founder of Original Appalachian Artworks, where his Appalachian, handcrafted Little People heirloom dolls, now known as Cabbage Patch Kids, were created; and WHEREAS, White County has been designated as part of Appalachia by the federal government and is eligible for grants from the Appalachian Regional Commission. PART IV WHEREAS, Mr. Frank L. Danchetz has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and WHEREAS, Mr. Danchetz earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation for 34 years of superlative service in offices such as Environment and Location and Urban Design, with ten years as Chief Engineer; and WHEREAS, he was a professional mentor to many of the senior managers that currently lead the department, and was instrumental in creating excellent relationships for the department as a liaison to federal, state, and local legislators for project information; and 3958 JOURNAL OF THE SENATE WHEREAS, he has been recognized with numerous honors and accolades, including the Thomas H. MacDonald Memorial Award for continuous outstanding service over an extended period to the art and science of highway engineering; and WHEREAS, his leadership and guidance were instrumental to AASHTO, where he served as vice chairperson for the Standing Committee on Highways, as a member of the standing committee on Research and the Asset Management Task Force, and held leadership positions on the special committee on Environment, Archeology, and Historic Preservation; the standing committee on Environment; and the National Transportation Product Evaluation Program; and WHEREAS, Mr. Danchetz was a pillar of support and institution of service for the Georgia Department of Transportation, contributing some of the best years of his life to the betterment of transportation; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a road in his honor. PART V WHEREAS, Mr. Paul V. Liles, Jr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Georgia Department of Transportation; and WHEREAS, Mr. Liles earned a bachelor's degree in civil engineering from the Georgia Institute of Technology and dedicated his career to the Georgia Department of Transportation with nearly four decades of superlative service, 22 years of which were as the State Bridge Engineer; and WHEREAS, he is an institution in the bridge and structural engineering world and has served on a variety of committees for both state and national organizations over the years, including AASHTO's Seismic, Construction, Concrete, Welding, Polymer Composites, and Security committees and the Transportation Research Board's General Structures, Concrete Bridges, Steel Bridges, Structural Fiber Reinforced Plastics, and Bridge Management committees; and WHEREAS, a registered professional engineer, Mr. Liles holds the title of longest serving employee at the department with 45 years of dedicated and professional activities on his record; and THURSDAY, APRIL 2, 2015 3959 WHEREAS, his influence, role, and impact on engineering and bridge design in the State of Georgia is truly meaningful and will be valued for generations to come; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a bridge in his honor. PART VI WHEREAS, Senator Lawrence (Bud) Stumbaugh 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, a graduate of Lipscomb University, Senator Stumbaugh's professional career includes roles as a professional manager, entrepreneur, motivational speaker, and public servant; and WHEREAS, Senator Stumbaugh diligently and conscientiously devoted his time, talents, and energy to the citizens of Georgia as a member of the Georgia State Senate for 16 years; and WHEREAS, during the eight terms Senator Stumbaugh served in the Senate, his leadership and bi-partisan spirit were evident as chairman of the Senate Insurance Committee; and WHEREAS, he has spoken before sales management groups, civic clubs, political forums, and school, religious, and business functions in 26 states; and WHEREAS, Senator Stumbaugh grew one of his companies, Team Services, Inc., to 1,500 employees in 39 states and helped make it the 29th fastest growing corporation in America before selling it on the London Stock Exchange; and WHEREAS, he has served on the Board of Founders for Lipscomb University and the Board of Trustees for Faulkner University; and WHEREAS, during his tenure with the Georgia Senate, Senator Stumbaugh served as vice chairperson for the Metropolitan Atlanta Rapid Transit Overview Committee; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his honor. PART VII WHEREAS, Captain Herbert "Herb" Lee Emory was born on April 2, 1953, in Transylvania County, North Carolina; and 3960 JOURNAL OF THE SENATE WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a road in his memory. PART VIII WHEREAS, Mrs. Runell "Nell" Brooks Foster was born on March 27, 1906, a beloved daughter of George B. and Emma Palmer Brooks; and WHEREAS, the youngest of 12 children, Mrs. Foster's father was a prominent farmer and land owner and she grew up on the family farm which consisted of more than 150 acres that spanned across what is now the intersection of U.S. Highway 78 and Rosebud Road; and WHEREAS, she attended Midway School, where she later went on to return as a teacher, and is the oldest living graduate of Grayson High School; and THURSDAY, APRIL 2, 2015 3961 WHEREAS, Mrs. Foster was united in love and marriage to her high school sweetheart, Clyde Foster, on February 12, 1928, and after the couple lived for a short time in Atlanta, they returned to the corner of Rosebud Road and U.S. Highway 78 to live in the rock house at the intersection; and WHEREAS, now a centenarian, Mrs. Foster has lived on Rosebud Road and U.S. Highway 78 for 83 years and raised three daughters, Mary, Pat, and Sara, there; and WHEREAS, Mr. Foster owned and operated Foster's Service Station across from the family home for 45 years; and WHEREAS, for decades, the Foster's rock home has served as a landmark in the area, and it is abundantly fitting and proper that the intersection be dedicated in honor of Mrs. Foster and her family. PART IX WHEREAS, Ms. Gladys Maria Knight was born on May 28, 1944, in Atlanta, Georgia, the beloved daughter of Sarah Elizabeth and Merald Woodlow Knight, Sr.; and WHEREAS, known as the "Empress of Soul," Ms. Knight is a world renown recording artist, songwriter, businesswoman, humanitarian, and author; and WHEREAS, her group, Gladys Knight & the Pips, was known for its award winning motown sound and R&B with hits such as "I Heard It Through the Grapevine," "Neither One of Us (Wants to Be the First to Say Goodbye)," "Midnight Train to Georgia," and "You're the Best Thing That Ever Happened to Me"; and WHEREAS, Ms. Knight's Grammy Award winning performances include "That's What Friends Are For," "Superwoman," "Missing You," and "Heaven Help Us All"; and WHEREAS, she earned the title of Best Traditional R&B Vocal Album from the Grammy's for her work on At Last and Best Gospel Choir or Chorus Album for One Voice; and WHEREAS, in addition to her amazing musical talent, Ms. Knight is a talented actress, earning a Golden Globe Best New Actress nomination for her role in Pipe Dreams; and WHEREAS, Ms. Knight has been recognized with numerous honors and accolades, including an Essence award for Career Achievement, Trumpet Awards Foundation Pinnacle Award, BET Lifetime Achievement Award, NAACP Image Award for Outstanding Jazz Artist, and Soul Train Music Awards Lifetime Achievement Award; and 3962 JOURNAL OF THE SENATE WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in her honor. PART X WHEREAS, Mr. Willie A. Watkins has long been recognized for his expertise as a mortician and funeral director and the compassionate role he has played during the most difficult time of a family's life; and WHEREAS, a native of Scottsdale, Georgia, Mr. Watkins was called to the mortuary field at a young age after accompanying his grandmother each weekend to funeral services of friends and neighbors in the small community and observing how important it was for families to see their loved ones remembered with dignity and grace; and WHEREAS, Mr. Watkins's first job was at the age of eight, placing flowers alongside the hearses for a local funeral home; and WHEREAS, his eagerness to excel in the field of mortuary science was evident when he was hired as a teenager by Thorton Mortuary, where he learned the heart and soul of the funeral services business; and WHEREAS, during his sophomore year at Morehouse College, Mr. Watkins left the school to become part of the first class at Gupton Jones Mortuary College, where he earned an associate's degree in mortuary science; and WHEREAS, he became a licensed funeral director and embalmer in 1971, and in 1978, at age 29, he purchased a building in the Historic West End of Atlanta which he would grow to become the epicenter of a mortuary business empire; and WHEREAS, today, Willie A. Watkins Funeral Home, Inc., has five locations, all of which are impeccably designed to make guests feel comfortable at a time when they are most ill at ease, and serves more than 1,000 families a year; and WHEREAS, Mr. Watkins sets the standard for personal service, offering families the release of doves, signature flower cars, black cars with silver tops, and horse drawn carriages for processionals; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his honor. PART XI 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 THURSDAY, APRIL 2, 2015 3963 WHEREAS, the promotion of agri-tourism represents a readily available and effective tool for spurring economic development; and WHEREAS, the portions of U.S. Highway 301 to be included in Georgia Grown Trail: 301 wind through eight counties with miles of family owned farms, unique lodging, upick farms, farm stands, farm murals, 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, a group of concerned representatives from each county along U.S. Highway 301 has met since March, 2014, with a mission to develop, preserve, and promote unique tourist destinations along the eight-county corridors; and WHEREAS, the Georgia Grown Highway 301 Association board of directors has a vision to create a unique, memorable driving experience and includes members of the Screven County Chamber of Commerce, Statesboro Convention and Visitors Bureau, Claxton/Evans County Chamber of Commerce, Glennville Chamber of Commerce, Long County Chamber of Commerce, Wayne County Chamber of Commerce, Brantley County Economic Development, and Charlton County Chamber and Economic Development; and WHEREAS, dedication of this route as a scenic highway will promote economic wellbeing through agri-tourism. PART XII WHEREAS, Mr. Ozzie M. Hannah has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Jefferson County Board of Commissioners; and WHEREAS, Mr. Hannah was the first African American commissioner to be elected in Jefferson County and served three terms, adeptly tackling issues that affected the citizens of Jefferson County and representing his constituents commendably; and WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of Jefferson County earned him the respect and admiration of his colleagues and associates; and 3964 JOURNAL OF THE SENATE WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, Mr. Hannah served with honor and distinction with the Jefferson County Board of Commissioners and his vision and unyielding commitment set the standard for public service; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for this dedicated public servant by dedicating a road in his memory. PART XIII 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 XIV WHEREAS, the State of Georgia lost one of its most promising young citizens with the tragic passing of Ethan Rutledge on November 30, 2014; and WHEREAS, Ethan was a sweet, handsome, and amazing young man who never let anything get him down; and WHEREAS, he made an immediate and lasting impression with every action he took, always working tirelessly to help those around him and others in need; and WHEREAS, a dedicated and talented athlete, Ethan excelled as a football player and a cheerleader; and THURSDAY, APRIL 2, 2015 3965 WHEREAS, the spirit of this altruistic young man will live on through the precious gift of life he has given to hundreds as an organ donor; and WHEREAS, a generous and passionate young man, Ethan will long be remembered for his love of family and friendship, and this loyal son, brother, teammate, and friend is deserving of an intersection named in his memory. PART XV WHEREAS, Mr. James Howard "Bud" Holloway, Jr., was born in Atlanta, Georgia, on July 2, 1932, the beloved son of James Howard Holloway, Sr., and Louise Walton Holloway; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending his fellow citizens and upholding the ideals of America; and WHEREAS, in 1967, Mr. Holloway became the owner of the Pink Pig, a BBQ restaurant in the community of Cherry Log; and WHEREAS, a cherished member of the Cherry Log community, Mr. Holloway always had a gold dollar for the children dining at his restaurant and a funny story to tell his guests; and WHEREAS, Mr. Holloway will long be remembered for his sense of humor and quick wit, and his political debates continue to be sorely missed by those who loved him; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XVI WHEREAS, Mr. John Robert "Johnny" Mize was born in 1913 in Demorest, Georgia; and WHEREAS, an extraordinary athlete, Johnny began his career in major league baseball in 1936 with the St. Louis Cardinals; and WHEREAS, he went on to play with the New York Giants before retiring from the New York Yankees in 1953; and WHEREAS, he amassed incredible hitting and slugging records, with a .300 batting average in nine consecutive seasons and 51 home runs in 1947 alone; and 3966 JOURNAL OF THE SENATE WHEREAS, Johnny played on five World Series championship teams and was elected to the Baseball Hall of Fame in 1981; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. 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, Corporal Russell S. King played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Corporal King was born on June 21, 1931, and graduated from Hoboken High School in Brantley County, Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously protecting his fellow Americans during the Korean War; and WHEREAS, Corporal King was held captive as a prisoner of war for 33 months; and WHEREAS, Corporal King embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory. PART XVIII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Hoyt D. "Slick" Tatum on August 5, 2013; and WHEREAS, Mr. Tatum was born on November 16, 1931, in Cartersville, Georgia, a beloved son of the late Hoyt "Hob" Tatum and Lillian Tumlin Tatum; and WHEREAS, Mr. Tatum was united in love and marriage to Polly Pierce Tatum and was blessed with three remarkable children, Susan, Charles, and Bob; four wonderful grandchildren; and seven great-grandchildren; 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 THURSDAY, APRIL 2, 2015 3967 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, it is abundantly fitting and proper that the members of this body honor the life of this distinguished Georgian by dedicating a bridge in his memory. PART XIX WHEREAS, Mr. Henry Carlton Floyd has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Floyd was born on March 11, 1940, in Royston, Georgia, the beloved son of Louise Carlton Floyd and Grady Floyd; and WHEREAS, he earned a bachelor's degree from the University of Georgia and was the owner and operator of Ladds Farm Supply; and WHEREAS, a man of deep and abiding faith, Mr. Floyd was an active member of Euharlee Baptist Church where he attended the adult Sunday school class and served as trustee and maintenance and grounds director; and WHEREAS, Mr. Floyd served with honor and distinction on the Euharlee Farmer's Club and the Kiwanis Club, and his leadership was instrumental to the board of directors for the Cartersville-Bartow County Airport Authority; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his memory. PART XX WHEREAS, Mr. Jimmy B. Lord has long been recognized by the citizens of this state for the vital role that he has played in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Lord was born in Washington County, Georgia, and graduated from Harrison High School before attending John A. Gupton School of Mortuary Science; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as county coroner and as member of the Georgia General Assembly; and 3968 JOURNAL OF THE SENATE WHEREAS, Mr. Lord was elected to the House of Representatives in 1997 and served until 2008, holding such leadership positions as chairperson of the House Committee on Defense and Veterans Affairs and the House Committee on Insurance; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his honor. PART XXI 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, disabled American 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 disabled American 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, disabled American 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 XXII 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, Lance Corporal Melvin Poole played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Lance Corporal Poole was born on February 18, 1948, and served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously protecting his fellow Americans during the Vietnam War; and THURSDAY, APRIL 2, 2015 3969 WHEREAS, Lance Corporal Poole embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory. PART XXIII WHEREAS, Mr. Michael Andrew Norris was born on January 5, 1990, the beloved son of Bennett and Fran Norris; and WHEREAS, Mr. Norris grew up in Culloden, Georgia, where he graduated from Mary Persons High School and later went on to earn an associate's degree in criminal justice from Gordon State College; and WHEREAS, he became a deputy with the Monroe County Sheriff's Department in 2012, working as a jail officer and school resource officer for K.B. Sutton Elementary School; and WHEREAS, Mr. Norris exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he sustained in the line of duty; and WHEREAS, a man of deep and abiding faith, Mr. Norris was an active member of Culloden Primitive Baptist Church; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his memory. PART XXIV 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, Private John P. Dion played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Private Dion was born in Shattuck, Oklahoma, and enlisted in the United States Armed Forces after graduating from high school; and WHEREAS, he served as a guardian of this nation's freedom and liberty with 4th Brigade Combat Team of the 4th Infantry Division; and 3970 JOURNAL OF THE SENATE WHEREAS, Private Dion made the ultimate sacrifice for his fellow Americans when his unit was attacked by insurgents while serving in Ashoque, Afghanistan; and WHEREAS, Private Dion embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory. PART XXV WHEREAS, Mr. Samuel L. Cummings 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. Cummings was born in Midvale, Georgia, one of 13 beloved children of the late Lawton and Mary Cummings; and WHEREAS, educated in the Burke County School System, Mr. Cummings attended Swansboro Junior College and the University of Georgia before he became the first African American certified elected official in Burke County; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a city councilmember and mayor for the City of Midvale; and WHEREAS, Mr. Cummings' leadership and guidance have been instrumental to numerous organizations, including the Optimism Club of Midvale, board of directors for Family and Children Services of Burke County, and Midvale Development Authority; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his honor. PART XXVI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the State of Georgia and this nation continue to mourn the loss of one of its finest citizens with the untimely passing of Staff Sergeant Shaun J. Whitehead on April 24, 2008; and THURSDAY, APRIL 2, 2015 3971 WHEREAS, a native of Commerce, Georgia, Staff Sergeant Whitehead attended Commerce High School and joined the United States Armed Forces in 2003; and WHEREAS, he served as a guardian of this nation's freedom and liberty as a member of the A Company, 2nd Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team; and WHEREAS, Staff Sergeant Whitehead was struck and killed by a bomb while patrolling on foot in Iskandariyah, Iraq; and WHEREAS, the untimely passing of this American hero has left an unfillable void in the hearts and lives of his parents, wife, children, family, and friends; and WHEREAS, Staff Sergeant Whitehead embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory. PART XXVII WHEREAS, Mr. Bill T. Hardman was named Georgia's first tourism director of the Georgia Department of Industry and Trade in 1959 and was charged with the responsibility of building this state's hospitality industry; and WHEREAS, Mr. Hardman established and served as president of the Southern Travel Directors' Council, conducted the first Governor's Conference on Tourism in this country, and promoted Georgia at travel conferences around the United States, Canada, and Europe; and WHEREAS, he helped organize and served as chairman of the National Association of Travel Organizations and served on the organization's board of directors for 49 years; and WHEREAS, Mr. Hardman developed the concept of building Welcome Centers at major highway entrances for the State of Georgia; and WHEREAS, in 1991 he created the Southeast Tourism Society's Marketing College at the University of North Georgia; each year 300 students from 13 southern states travel to Dahlonega to participate in this tourism oriented school, which has 804 graduates to date; and WHEREAS, he was active in the effort to preserve and restore Lumpkin County's original courthouse, which now serves as Dahlonega's Gold Museum, and was part of the group of local civic boosters who led a wagon train loaded with gold mined in Dahlonega to the State Capitol to promote Dahlonega as a major tourism destination; and 3972 JOURNAL OF THE SENATE WHEREAS, in his beloved hometown of Dahlonega, Mr. Hardman organized the Christmas Decorating Contest for Dahlonega merchants and raised funds to restore and display the Dahlonega Driving Bell, a relic from 1875 found in the Chestatee River; and WHEREAS, Mr. Hardman was awarded the Tourism Lifetime Achievement Award by the State of Georgia and was inducted into the Atlanta Hospitality Hall of Fame. PART XXVIII WHEREAS, Mr. William Love Walton played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously protecting his fellow Americans during World War II; and WHEREAS, an upstanding resident of Eatonton, Georgia, for 88 years, Mr. Walton was a dairy farmer and beef farmer, helping to put the city on the map as the dairy capital of the world; and WHEREAS, Mr. Walton was named Georgia's Soil Conservationist of the Year in the early 1960's; and WHEREAS, a man of deep and abiding faith, Mr. Walton was an active member of First Baptist Church of Eatonton; and WHEREAS, he was united in love and marriage for more than 64 years to his wife, Carolyn Cunningham Walton, and he was blessed with four remarkable children; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XXIX WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mrs. Pauline Spearman Brinkley; and WHEREAS, Mrs. Brinkley was a woman with exceptional values and enduring work ethic, as evidenced by the countless hours she spent inspiring and influencing the children of Faceville and Decatur County, Georgia, through her work with the school lunch room program during and after World War II; and WHEREAS, a widowed mother of five, Mrs. Brinkley sewed clothes for her children out of patterns cut from newspapers and made her children's upbringing and happiness a priority during the most challenging of financial times; and THURSDAY, APRIL 2, 2015 3973 WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and WHEREAS, Mrs. Brinkley was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in her memory. PART XXX WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Senior Police Officer Elmer B. "Buddy" Christian III on March 22, 2011; and WHEREAS, Officer Christian grew up in Madison County, Georgia, a beloved son of Bud and Carolyn Christian; and WHEREAS, Officer Christian was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, he worked with the Athens-Clarke County Transportation and Public Works Department before joining the Athens-Clarke County Police Department in December of 2002 as a police officer; and WHEREAS, Officer Christian was promoted to Senior Police Officer in March of 2010 and was a member of the department's honor guard; and WHEREAS, on March 22, 2011, Officer Christian paid the ultimate sacrifice when he was shot and killed in the line of duty; and WHEREAS, he was posthumously honored with the Sherm Applebaum Award by the Athens Rotary Club, Red Cross Heroes Award by the American Red Cross East Georgia Chapter, Military Order of the Purple Heart, Sworn Employee of the First Quarter of 2011 by the Athens-Clarke County Police Department, and Sworn Employee of the Year for 2011; and WHEREAS, his name has been added to the wall at the National Law Enforcement Memorial in Washington, D.C., and the Georgia Law Enforcement Memorial; and 3974 JOURNAL OF THE SENATE WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments and sacrifice of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XXXI WHEREAS, Mr. James Henning Perry, also known as Uncle Jim Perry of Nashville, was born in May, 1922, in Nashville, Georgia, the beloved son of Edmond and Carrie Dorsey Perry and the brother of Mary Erneste Perry Houston and W.D. "Bill" Perry; and WHEREAS, Mr. Perry graduated from Berrien County High School, where he was a popular football star, and attended the University of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces and landed on Utah Beach in Normandy, France, on D-Day; and WHEREAS, throughout World War II, Mr. Perry fought at the Battle of St. Lo, France, the Liberation of Paris, the Battle of Huertgen Forest, and the Battle of Baston/Battle of the Bulge; and WHEREAS, his valor and bravery were recognized with medals and awards which include the Silver Star, Army Accommodation Medal for Valor, Purple Heart, Expert Infantryman's badge, three campaign ribbons for the war in Europe, and National Defense Medal; and WHEREAS, he was awarded the French Croix de Guerre, a medal equivalent to the Distinguished Service Cross given by the United States Armed Forces, for valor under fire on behalf of the liberation of Paris and the French people; and WHEREAS, upon his return to the United States after the war, Mr. Perry became a community leader, speaking often around the country; and WHEREAS, Mr. Perry was the president and owner of the Nashville Grocery Company, a director and agent of Life of the South Insurance Company, and a bank director of the Citizens Bank; and WHEREAS, a man of deep and abiding faith, Mr. Perry was a devoted member of Nashville United Methodist Church where he sang in the choir and was on the church board; and WHEREAS, he was united in love and marriage to his supportive wife, Mary Payne Brown, and was blessed with two remarkable children, Jimmy and Kathryn; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. THURSDAY, APRIL 2, 2015 3975 PART XXXII WHEREAS, Captain Herb Emory was born on April 2, 1953, in Transylvania County, North Carolina; and WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a bridge in his memory. PART XXXIII WHEREAS, Mr. Wayne J. Hawes was born on February 22, 1914, the beloved son of the late Jack and Josephine Dallas Hawes; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Corps, valiantly and courageously defending his fellow citizens in World War II; and 3976 JOURNAL OF THE SENATE WHEREAS, a graduate of Washington High School, Mr. Hawes earned a bachelor's degree from Savannah State University and devoted his career to inspiring young people as an educator; and WHEREAS, he taught at several elementary schools in Lincoln County and served as a social studies teacher, department chairperson, assistant principal, and accounts manager at West Side High School; and WHEREAS, a civil rights advocate, Mr. Hawes was a life member of the NAACP, serving as president of his local chapter for many years, and was the first African American member of Lincoln County Board of Education; and WHEREAS, Mr. Hawes was a charter member of Twilight Improvement, Inc.; cofounder, chief executive officer, and president of Twilight Sewing Plant, Inc; and a member of the Northeast Georgia Leadership Council and American Legion Post 597; and WHEREAS, a man of deep and abiding faith, Mr. Hawes was a member of Ebenezer Baptist Church, where he served as a deacon for 52 years, a Sunday school teacher for more than 60 years, and assistant church clerk; and WHEREAS, he served as assistant secretary of the Columbia Sunday School Convention and president of the Lincoln County Sunday School Union; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XXXIV WHEREAS, Mr. Roy William Beaver was born on July 9, 1927, the beloved son of R.A. "Rufus" and Etta Mae Beaver; and WHEREAS, a member of the VFW Blue Ridge Chapter, Mr. Beaver served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously defending his fellow citizens during World War II and the Korean War; and WHEREAS, he dedicated his career to Levi Strauss & Co. and diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state; and WHEREAS, Mr. Beaver served on the Fannin County Board of Commissioners and Fannin County Board of Education and was a past master of the Masonic Lodge Blue Ridge Chapter #67; and THURSDAY, APRIL 2, 2015 3977 WHEREAS, he was united in love and marriage to Patsy Ruth Davenport Beaver for 61 wonderful years, and was blessed with two remarkable children, Michael and Sharon, three grandchildren, and two great-grandchildren; and WHEREAS, a man of deep and abiding faith, Mr. Beaver was an active member of O'Zion Baptist Church, where he served as secretary and treasurer; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating an intersection in his memory. PART XXXV WHEREAS, James C. Moore was born in Coffee County in 1930; and WHEREAS, he graduated from Nicholls High School, from South Georgia College, and Georgia Southern College (known as Georgia Teachers College at the time); and WHEREAS, he served in the United States Air Force from 1951 until 1953, rising to the rank of Staff Sergeant; and WHEREAS, he taught and coached in the Coffee County School System for 13 years, serving at West Green (2), Nicholls (5), Douglas Junior High (2), and Coffee High (4); and WHEREAS, he also served as Principal of West Green Elementary for one year, Assistant Superintendent for one year, and as Superintendent of Schools for nine years; and WHEREAS, from 1978-1989, he served in the General Assembly representing Coffee and Atkinson Counties. During this period, he became close friends with the DOT Commissioner, Tom Moreland, and initiated many highway projects that are still providing benefits today. These projects included: the four-laning of U.S. Highway 441 from Douglas to Pearson; the four-laning and adding passing lanes from downtown Douglas to the present high school and to Broxton; the completion of the perimeter road around Douglas, which Mr. Moreland said at the dedication that Douglas was only the third city in Georgia to have a perimeter road behind Atlanta and Athens; the paving of streets in Coffee and Touchton Woods subdivisions; the paving of all roads to churches in Coffee County; the four-laning of SR 158 from Peterson Avenue to Baker Highway (a must for the Wal-Mart Distribution Center to locate in Douglas); and adding wider truck access on the perimeter road for Wal-Mart; and WHEREAS, while in the General Assembly, James C. Moore served on the Ways and Means, Education, Agriculture, Natural Resources, and QBE Study Committees; and 3978 JOURNAL OF THE SENATE WHEREAS, he was a member of the Legislative Council to the Southern Regional Education Board (SREB) for five years; and WHEREAS, James C. Moore sponsored legislation to create the Department of Adult and Technical Education; and WHEREAS, he resigned from the General Assembly in 1989 to become the VicePresident for Economic Development at Altamaha Technical College in Jesup and served in that position from 1989 until 1992; and WHEREAS, since he grew up in Coffee County, attended school in Coffee County, returned to Coffee County to live and work as an educator and farmer, and is a landowner and was a former business owner in Douglas, it is only proper and fitting that a lasting tribute recognizing the contributions of James C. Moore to the people of Coffee County be established. PART XXXVI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper James David Young on May 4, 1975; and WHEREAS, a native of Fitzgerald, Georgia, Trooper Young attended the 41st Trooper School and was assigned to service at Post 30 in Cordele, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed by a prisoner while working with the Cordele Police Department; and WHEREAS, Trooper Young exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. PART XXXVII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper John Dixon Morris on May 18, 1982; and WHEREAS, a native of Dublin, Georgia, Trooper Morris attended the 54th Trooper School and was assigned to service at Post 8 in Madison, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short after he was killed in a patrol car crash on Atlanta Highway in Monroe, Georgia; and WHEREAS, Trooper Morris exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. THURSDAY, APRIL 2, 2015 3979 PART XXXVIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Mack Allen Page on June 22, 1968; and WHEREAS, a native of Ellijay, Georgia, Trooper Page attended the 26th Trooper School and was assigned to service with Post 27 in Blue Ridge, Georgia; and WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 2 in Union County; and WHEREAS, Trooper Page exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties. PART XXXIX 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 Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers were influential Tuskegee Airmen who valiantly and courageously served this nation during World War II and were born in or spent years during their childhood in Laurens County, Georgia; and WHEREAS, a native of Laurens County, Major Herndon Cummings enlisted in the United States Air Corps on June 25, 1942, and was assigned to the 447th Bomber Group with whom he served for four years; WHEREAS, upon completion of his service with the Air Corps, Major Cummings enlisted with the United States Air Force Reserve and dedicated 20 years of additional service to the nation; and WHEREAS, Colonel Marion Rodgers was raised in Dublin, Georgia, and served with an anti-aircraft artillery unit and as a radio operator prior to attending flight school; and WHEREAS, Colonel Rodgers was assigned to the 99th Fighter Squadron, the "Red Tails," and dedicated 22 years to the Air Force before working in the civil service field for 17 years; and WHEREAS, Colonel Rodgers spent a year working for N.A.S.A. as a program manager on the mission for Apollo 13 and was prominent in the development of electronics and communications procedures with N.O.R.A.D.; and 3980 JOURNAL OF THE SENATE WHEREAS, Colonel John Whitehead spent several years during his youth in Laurens County and flew several missions over Europe during World War II; and WHEREAS, known as "Mr. Death" by his fellow pilots, Colonel Whitehead was the first African American test pilot for the Air Force and during his 30 year career spent more than 9,500 hours in the air; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized with the naming of an interchange in their honor. PART XL WHEREAS, MSG Reginald S. Carter, Sr., was recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces for over 25 years during World War II and the Vietnam War; and WHEREAS, MSG Carter diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Taylor County Board of Education and the Tax Assessors Board; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory. PART XLI WHEREAS, Lieutenant Kelso C. Horne served as a guardian of this nation's freedom and liberty as a second lieutenant in the 82nd Airborne Division during World War II; and WHEREAS, Lieutenant Horne was a resident of Dublin, Georgia, and graced the cover of LIFE magazine on August 14, 1944, as a representation of the one of thousands of men who were fighting to win the battle for France; and WHEREAS, at 2:06 A.M. on June 6, 1944, Lieutenant Horne leapt from his transport plane and parachuted into Normandy; and THURSDAY, APRIL 2, 2015 3981 WHEREAS, after weeks of fighting to gain ground against the enemy, Lieutenant Horne was at the head of an infantry column that was advancing on a German-held town when he was stopped by a staff car and asked to be photographed; and WHEREAS, Lieutenant Horne was injured by shellfire in July 1944, and as he healed from his injuries in England he saw his photo on the cover of LIFE magazine; and WHEREAS, after he returned home from the war, Lieutenant Horne continued to serve his country with the United States Postal Service; and WHEREAS, it is only fitting and proper that a lasting tribute to Lieutenant Horne's memory and life of service to his country be established. PART XLII WHEREAS, Mr. Loyd Strickland has long been recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Strickland served as a member of the Department of Transportation Board in the 1960s, where his leadership and influence were instrumental in the development of Interstate 985 which provided a gateway to Gainesville State College and Lanier Technical College; and WHEREAS, his business acumen was widely recognized as the owner and founder of Chestnut Mountain Hatchery, which later became Crystal Farms, a major player in the poultry industry; and WHEREAS, Mr. Strickland's generosity and philanthropy were evident as an early supporter of Eagle Ranch, a thriving home for boys and girls; 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, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating an intersection in his memory. PART XLIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. John David Duke Lane, Sr., on December 4, 2014; and WHEREAS, Mr. Lane was born in Pittsburgh, Pennsylvania, a beloved son of David Olin Lane and Ruby Duke Lane; and 3982 JOURNAL OF THE SENATE WHEREAS, he was a graduate of Gordon Military College and attended the University of Georgia where he was a member of Chi Phi fraternity; and WHEREAS, he worked with his grandfather, John David Duke, at Diamond D Farm and then he and his father, David Lane, established Lane Packing Company; and WHEREAS, in 2002, he was honored by his peers with the title of "Mr. Peach" and his greatest joy was to ride around the farm, overseeing the growth and harvesting of the crops; and WHEREAS, he was a member of the board of directors of the First South Bank for many years and was an avid outdoorsman, hunter, and fisherman; 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, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory. XLIV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 400 in Dawson and Lumpkin counties is dedicated as the Bill T. Hardman Hospitality Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Mission Ridge Road in Walker County is dedicated as the E-4 Roger Dorsey, United States Navy, Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the portion of new Cleveland Bypass from SR11/US129 at Donald E. Thurmond Drive extending northwest to SR11/US129 at Hulsey Road is dedicated as the Appalachian Parkway. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 306 from GA 400 to State Route 53 in Forsyth County is dedicated as the Frank L. Danchetz Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 8/North Avenue over the Interstate 75/Interstate 85 Connector in Fulton County is dedicated as the Paul V. Liles, Jr., Bridge. THURSDAY, APRIL 2, 2015 3983 BE IT FURTHER RESOLVED AND ENACTED that the bridge on the MARTA Indian Creek Station exit ramp to Interstate 285 southbound in DeKalb County is dedicated as the Senator Lawrence (Bud) Stumbaugh Bridge. BE IT FURTHER RESOLVED AND ENACTED that the new flyover ramp on Interstate 85 at Georgia 400 is dedicated as the Captain Herb Emory Flyover Ramp. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 78 and Rosebud Road in Gwinnett County is dedicated as Brooks-Foster Crossing. BE IT FURTHER RESOLVED AND ENACTED that State Route 9 in Fulton County from its intersection with Peachtree Street to 14th Street is dedicated as the Gladys Knight Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 20 over Joseph E. Lowery Boulevard in Fulton County is dedicated as the Willie A. Watkins Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 301 beginning at the Georgia and South Carolina state line in Screven County through Bulloch, Evans, Tattnall, Long, Wayne, and Brantley counties to the Florida state line in Charlton County is dedicated as the Georgia Grown Trail: 301. BE IT FURTHER RESOLVED AND ENACTED that State Route 24 in Jefferson County from its intersection with U.S. Highway 1 on the Louisville Bypass to the Burke County line is dedicated as the Ozzie M. Hannah Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring military veterans and dedicates the portion of Georgia Highway 99 from U.S. Highway 17 in Eulonia to U.S. Highway 17 in Darien as Veterans Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of GA 81 and GA 78 in Walton County is dedicated as the Ethan Rutledge Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 515 over Cherry Log Street in Gilmer County is dedicated as the J. H. "Bud" Holloway Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 385/Old Highway 441 over Camp Creek in Habersham County is dedicated as the Johnny Mize Memorial Bridge. 3984 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 177 at mile marker 16 in Ware County is dedicated as the Corporal Russell S. King Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga 113 over Richland Creek west of downtown Cartersville in Bartow County is dedicated as the Hoyt D. "Slick" Tatum Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that Ga. 133 from its intersection at Doughit Ferry Road to Euharlee (Chulio) Road west of downtown Cartersville in Bartow County is dedicated as the Henry C. Floyd Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that Ga. 272 from Ga. 68 to Ga. 24 in Washington County is dedicated as the Jimmy B. Lord Highway. BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring disabled American veterans and dedicates the portion of Interstate 285 beginning east of Interstate 85 south of Atlanta to the top end of Interstate 75 north of Atlanta in Cobb, DeKalb, and Fulton counties as the Disabled American Veterans Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on US 280 over the Oconee River in Wheeler County is dedicated as the Lance Corporal Melvin Poole Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that Ga. 341 in Monroe County from the Lamar County line to the Crawford County line is dedicated as the Michael Andrew Norris Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the double bridge on East and West bound State Route 96 over Beechwood Swamp in Taylor County is dedicated as the Private John P. Dion Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that State Route 305 from its intersection with State Route 56 to the intersection of Old Wadley Road near the border of the city of Midvale in Burke County is dedicated as the Samuel L. Cummings Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 82 at Interstate 85 in Jackson County is dedicated as the Staff Sergeant Shaun J. Whitehead Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that State Route 400 in Dawson and Lumpkin counties is dedicated as the Bill T. Hardman Hospitality Highway. THURSDAY, APRIL 2, 2015 3985 BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 16 over Rooty Creek in Putnam County is dedicated as the William Love Walton Bridge. BE IT FURTHER RESOLVED AND ENACTED that State Route 302 in Decatur County from its intersection with State Route 97 to the Florida state line is dedicated as the Pauline Spearman Brinkley Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 78/State Route 10 Business over the Middle Oconee River in Clarke County is dedicated as the Officer Buddy Christian Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 76 at milepost 3.19 in Berrien County is dedicated as the 1st LT James H. Perry "Uncle Jim" Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Lee Road over Interstate 20 in Douglas County is dedicated as the Captain Herb Emory Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 79 over Soap Creek in Lincoln County is dedicated as the Wayne J. Hawes Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 515 and Loving Road in Fannin County is dedicated as the Roy William Beaver Intersection. BE IT FURTHER RESOLVED AND ENACTED that the members of this body recognize the outstanding contributions of James C. Moore and dedicate the portion of U.S. 221 North from the city limits of Douglas to the West Green city limits as the James C. Moore Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 107 from the eastern city limit of Fitzgerald to the intersection with Eastside Church Road is dedicated as the Trooper James David Young Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of US 441/GA 24 from the northern city limit of Eatonton to the southern city limit of Madison is dedicated as the Trooper John Dixon Morris Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 52 from its intersection with Rackley Road to the Dawson County line is dedicated as the Trooper Mack Allen Page Memorial Highway. 3986 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 80 at U.S. 441 Bypass in Laurens County is dedicated as the Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers Interchange. BE IT FURTHER RESOLVED AND ENACTED that the southbound bridge on State Route 3 over Cedar Creek in Taylor County is dedicated as the MSG Reginald S. Carter, Sr., Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Route 441/State Route 117 in Laurens County from State Route 19 to U.S. Route 80 is dedicated as the Lieutenant Kelso Horne Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 20 and State Route 44 in Greene County is dedicated the Honorable Mickey Channell Interchange. BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 from the Georgia/Tennessee state line to the Georgia/Florida state line is dedicated as the Purple Heart Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Interstate 985 and Mundy Mill Road is dedicated as the Loyd Strickland Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 280 over the Oconee River in Montgomery County is dedicated as the Veterans Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 96 over Interstate 75 in Peach County is dedicated as the John David Duke Lane, Sr., Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; Mr. Frank L. Danchetz; Mr. Paul V. Liles, Jr.; Senator Lawrence (Bud) Stumbaugh; Mrs. Runell "Nell" Brooks Foster; Ms. Gladys Maria Knight; Mr. Willie A. Watkins; Mr. Jimmy B. Lord; Mr. Samuel L. Cummings; and the family of Mr. Bill T. Hardman; E-4 Roger Dorsey; Captain Herbert "Herb" Lee Emory; Mr. Ozzie M. Hannah; Ethan Rutledge; Mr. James Howard "Bud" Holloway, Jr.; Mr. John Robert "Johnny" Mize; Corporal Russell S. King; Mr. Hoyt D. "Slick" Tatum; Mr. Henry Carlton Floyd; Lance Corporal Melvin Poole; Mr. Michael THURSDAY, APRIL 2, 2015 3987 Andrew Norris; Private John P. Dion; Staff Sergeant Shaun J. Whitehead; Mr. William Love Walton; Mrs. Pauline Spearman Brinkley; Officer Elmer B. "Buddy" Christian; Mr. James Henning Perry; Mr. Wayne J. Hawes; Mr. Roy William Beaver; James C. Moore; Trooper James David Young; Trooper John Dixon Morris; Trooper Mack Allen Page; Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers; MSG Reginald S. Carter, Sr.; Lieutenant Kelso C. Horne; Mr. Loyd Strickland; and Mr. John David Duke Lane, Sr. Senator Gooch of the 51st moved that the Senate agree to the House substitute to SR 126. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Fort Y Ginn Y Gooch Y Harbin 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 Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 126. The following message was received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: 3988 JOURNAL OF THE SENATE SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 3-3-23; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 63. By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others: 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 manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and offpremises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: THURSDAY, APRIL 2, 2015 3989 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 manufacturers of certain alcoholic beverages to provide to the public certain quantities and types of such beverages produced by such manufacturer for consumption on and off the premises; to change and provide for certain definitions; to provide for the powers and duties of the state revenue commissioner as to the denial, suspension, or cancellations of permits; to change certain provisions related to penalties; to change certain provisions relating to the number of samples of distilled spirits that may be provided to a person in a calendar day; to provide for the payment of certain taxes by distillers; to provide for the issuance of tour permits to distiller; to provide for the conditions under which distillery tours may be conducted; to allow certain merchandise to be offered to the public by a distiller; to provide for rules and regulations by the Department of Revenue; to provide for a brewpub to sell or otherwise provide certain types and quantities of malt beverages manufactured on its premises for consumption on the premises; to allow brewers to provide limited amounts of malt beverages directly to the public as a part of educational and promotional brewery tours; to authorize a brewer to provide free souvenirs; to change certain provisions related to the provision of tours by brewers; to provide for the payment of certain taxes by brewers; to provide for the conditions under which brewery tours may be conducted; to allow certain merchandise to be offered to the public by a brewer; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising paragraph (3) of Code Section 3-1-2, relating to definitions, as follows: "(3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of beer malt beverages sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to subparagraph (C) (D) of paragraph (2) of Code Section 3-5-36, or to the public for consumption off the premises, as authorized pursuant to subparagraph (D) of paragraph (2) and paragraph (4) of Code Section 3-5-36, shall not be used when determining the total annual gross food and beverage sales." 3990 JOURNAL OF THE SENATE SECTION 2. Said title is further amended by revising Code Section 3-2-3, relating to the powers and duties of commissioner as to denial, suspension, or cancellation of licenses and promulgation of rules and regulations as to conversion of standards of measurement to English system and labeling of distilled spirits, as follows: "3-2-3. In addition to his or her other duties and responsibilities to administer this title, the commissioner may: (1) Deny, suspend, or cancel any license or permit required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or permit or any licensee or permit holder under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or (C) Any person to whom a license or permit has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee or permit holder under this title. Before any denial, suspension, or cancellation of a license or permit granted pursuant to this title, the applicant, or licensee, or permit holder shall be afforded a hearing in the manner and subject to the conditions and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant, or licensee, or permit holder in writing of the denial, suspension, or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the applicant, or licensee, or permit holder appearing in the commissioner's files or by personal service upon the applicant, or licensee, or permit holder by an authorized agent of the commissioner. Upon cancellation of a license or permit for cause under this paragraph, there shall be no renewal or reissuance of the canceled license or permit for a period of two years from the date of cancellation; (2) In the event that the license of any person is canceled by the commissioner under the authority of this title, hold the bonds of the person for a period of three years against any liabilities accruing as a result of the business of the person whose license is canceled. In no event shall the surrender of any bond release any liability; (3) Enter into agreements with appropriate authorities of other states who enforce the alcoholic beverage laws thereof, to exchange information relative to the manufacture, receipt, sale, use, or transportation of alcoholic beverages; (4) Promulgate rules and regulations which he or she deems necessary for the conversion from the metric system of measurement to the equivalent English measurement in United States gallons and subdivisions of gallons and shall compute all tax rates at the equivalent English measurement; and (5) Promulgate rules and regulations, not inconsistent with federal laws or regulations, requiring informative labeling of all distilled spirits offered for sale in this state." THURSDAY, APRIL 2, 2015 3991 SECTION 3. Said title is further amended by revising Code Section 3-3-46, relating to penalties, as follows: "3-3-46. (a) The violation of any provision of this article by the operator of any licensed premises or any premises for which a permit has been issued shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses and permits issued to such operator. (b) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 4. Said title is further amended by revising subsection (e) of Code Section 3-4-24, relating to issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, educational and promotional tours, and tasting room limitations for certain licensees, as follows: "(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180." SECTION 5. Said title is further amended by revising subsection (e) of Code Section 3-4-24.1, relating to distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits, storage, and educational and promotional tours, as follows: "(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180." SECTION 6. Said title is further amended by revising Code Section 3-4-180, relating to tastings of distilled spirits, definitions, and general provisions, as follows: "3-4-180. (a) As used in this Code section, the term: (1) 'Distillery tour' means guided access to the manufacturing portion of the licensed premises of a distiller. (2) 'Free souvenir' means a complimentary sealed container of distilled spirits. (1)(3) 'Free tastings' means the provision of complimentary samples of distilled spirits to the public for consumption on the premises of a distiller. (2)(4) 'Sample' means one-half of one ounce of distilled spirits. (b)(1) The commissioner shall, upon proper application therefor, issue an annual permit to any A distiller licensed in this state may apply to the commissioner for an annual permit authorizing such distiller to conduct educational and promotional distillery tours on the licensed premises of the distiller, free of charge or for a fee, 3992 JOURNAL OF THE SENATE which may include: (A) Free souvenirs; (B) Free food; and (C) Free free tastings on the premises by members of the public of tax-paid varieties distilled spirits manufactured by such distiller. (2)(A) No distiller providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall be a single bottle of distilled spirits, containing not more than 750 milliliters of distilled spirits manufactured by the distiller on the licensed premises. (c)(B) No distiller conducting free tastings under this Code section shall provide, directly or indirectly, more than the one sample three samples to a person in one calendar day. Free tastings shall consist of distilled spirits manufactured by the distiller on the licensed premises. Free tastings shall be held in a designated tasting area on the premises of the distiller, and all open bottles containing distilled spirits shall be visible at all times. (3) Free souvenirs shall only be provided after the distillery tour and only to individuals who have attended a distillery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a distillery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting. (4) The distiller shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection. (c) A distiller may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages. (d) If a distiller chooses to charge a fee for a distillery tour pursuant to subsection (b) of this Code section, such distiller may charge varying fees for the distillery tours, provided that such fees are charged prior to the beginning of such tour. The provision of distilled spirits by a distiller as part of a distillery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages. (e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section. (f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section." SECTION 7. Said title is further amended by revising Code Section 3-5-36, relating to brewpubs and the limited exception to the prohibition against ownership and employment interests between manufacture, distribution, and sale of malt beverages, as follows: "3-5-36. A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (1) No individual shall be permitted to own or operate a brewpub without first THURSDAY, APRIL 2, 2015 3993 obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder licensee shall comply with all other applicable state and local license requirements; (2) A brewpub license authorizes the holder of such license to: (A) Manufacture on the licensed premises not more than 10,000 barrels of beer malt beverages in a calendar year solely for retail sale on the premises; (B) Operate an eating establishment that shall be the sole retail outlet for such beer malt beverages; and (C) Operate an eating establishment that may offer for sale for consumption on the premises any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and (C)(D) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such beer malt beverages to licensed wholesale dealers for distribution to retailers and retail consumption dealers;. Under no circumstances shall such malt beverages be sold by a brewpub licensee to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale; (3) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises; (4) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises; (5) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub; (6)(5) The commissioner shall not issue a brewpub license if the brewpub premises are to be licensed is located in a county or municipality in which the sale of alcoholic beverages is prohibited; and (7)(6) A brewpub licensee shall: (A) Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer malt beverages manufactured on the premises and otherwise comply with applicable rules and regulations respecting excise and enforcement tax determination of such beer malt beverages as required by this title." 3994 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by revising Code Section 3-5-38, relating to free tasting of malt beverages on brewery premises during educational and promotional tours, as follows: "3-5-38. The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer. (a) As used in this Code section, the term: (1) 'Brewery tour' means guided access to the manufacturing portion of the licensed premises of a brewer. (2) 'Free souvenir' means a complimentary sealed container or containers of malt beverages with a total liquid capacity that does not exceed 72 ounces. (3) 'Free tastings' means the provision of complimentary samples of malt beverages to the public for consumption on the premises of a brewer. (4) 'Sample' means a quantity of malt beverages manufactured by the brewer. (b)(1) A brewer licensed in this state may apply to the commissioner for an annual permit authorizing such brewer to conduct educational and promotional brewery tours on the licensed premises of the brewer, free of charge or for a fee, which may include: (A) Free souvenirs; (B) Free food; and (C) Free tastings on the licensed premises of the brewery of malt beverages manufactured by such brewer. (2) No brewer providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall consist of malt beverages manufactured by the brewer on the licensed premises. (3) No brewer conducting free tastings pursuant to this subsection shall provide, directly or indirectly, to the same individual in one calendar day more than 36 ounces of malt beverages for consumption on the premises. Free tastings shall be held in a designated tasting area on the licensed premises of the brewer and all open bottles containing malt beverages shall be visible at all times. (4) Free souvenirs shall only be provided after the brewery tour and only to individuals who have attended a brewery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a brewery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting. (5) The brewer shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection. (c) A brewer may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages. (d) If a brewer chooses to charge a fee for a brewery tour pursuant to subsection (b) of this Code section, such brewer may charge varying fees for the brewery tours, provided THURSDAY, APRIL 2, 2015 3995 that such fees are charged prior to the beginning of such tour. The provision of malt beverages by a brewer as part of a brewery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages. (e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section. (f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 6th moved that the Senate agree to the House substitute to SB 63. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Harbison Y Harper N Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E N Jones, H Y Kennedy N Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate N Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson N Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 63. Senator Burke of the 11th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: 3996 JOURNAL OF THE SENATE HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate amendment was as follows: Strike lines 9-12 to the Senate's amendment #1 to HB 99. Senator Williams of the 19th moved that the Senate agree to the House amendment to the Senate amendment to HB 99. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Black E Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk N Ligon Y Lucas Y Martin Y McKoon Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 99. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 3997 HB 192. By Representatives Powell of the 32nd and Taylor of the 79th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; 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 192 (LC 28 7666S) by striking lines 1 through 33 and inserting in lieu thereof the following: To amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, so as to revise definitions; to provide for the prosecution of the unlawful use of government purchasing cards; to provide for venue; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide for the limitation and regulation of the use of government purchasing cards and government credit cards by elected officials of counties, municipal corporations, local school systems, and consolidated governments; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for certain powers for certain local authorities; to provide a definition; to make certain findings; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to illegal use of financial transaction cards, is amended by revising Code Section 16-9-30, relating to definitions, as follows: "16-9-30. As used in this article, the term: (1) 'Acquirer' means a business organization, government, financial institution, or an agent of a business organization, government, or financial institution that authorizes a merchant to accept payment by financial transaction card for money, goods, services, or anything else of value. 3998 JOURNAL OF THE SENATE (2) 'Automated banking device' means any machine which when properly activated by a financial transaction card and personal identification code may be used for any of the purposes for which a financial transaction card may be used. (3) 'Cardholder' means the person, government, or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer. (4) 'Expired financial transaction card' means a financial transaction card which is no longer valid because the term for which it was issued has elapsed. (5) 'Financial transaction card' or 'FTC' means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder: (A) In obtaining money, goods, services, or anything else of value; (B) In certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or (C) In providing the cardholder access to a demand deposit account, savings account, or time deposit account for the purpose of: (i) Making deposits of money or checks therein; (ii) Withdrawing funds in the form of money, money orders, or traveler's checks therefrom; (iii) Transferring funds from any demand deposit account, savings account, or time deposit account to any other demand deposit account, savings account, or time deposit account; (iv) Transferring funds from any demand deposit account, savings account, or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein; (v) For the purchase of goods, services, or anything else of value; or (vi) Obtaining information pertaining to any demand deposit account, savings account, or time deposit account. (5.1) 'Financial transaction card account number' means a number, numerical code, alphabetical code, or alphanumeric code assigned by the issuer to a particular financial transaction card and which identifies the cardholder's account with the issuer. (5.2) 'Government' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school system, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, school system, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws THURSDAY, APRIL 2, 2015 3999 of this state. (6) 'Issuer' means the business organization or financial institution or its duly authorized agent which issues a financial transaction card. (7) 'Personal identification code' means a numeric or alphabetical code, signature, photograph, fingerprint, or any other means of electronic or mechanical confirmation used by the cardholder of a financial transaction card to permit authorized electronic use of that financial transaction card. (8) 'Presenting' means those actions taken by a cardholder or any person to introduce a financial transaction card into an automated banking device with or without utilization of a personal identification code or merely displaying or showing, with intent to defraud, a financial transaction card to the issuer or to any person or organization providing money, goods, services, or anything else of value or to any other entity. (8.1) 'Purchasing card,' 'PCard,' or 'P-Card' means a type of financial transaction card allowing persons, governments, or business organizations to use financial transaction infrastructure. (9) 'Receives' or 'receiving' means acquiring possession of or control of or accepting a financial transaction card as security for a loan. (10) 'Revoked financial transaction card' means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer." SECTION 2. Said article is further amended by revising Code Section 16-9-33, relating to financial transaction card fraud, as follows: "16-9-33. (a) A person commits the offense of financial transaction card fraud when, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person; or cardholder, he such person: (1) Uses for the purpose of obtaining money, goods, services, or anything else of value: (A) A financial transaction card obtained or retained or which was received with knowledge that it was obtained or retained in violation of Code Section 16-9-31 or 16-9-32; (B) A financial transaction card which he or she knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section; or (C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section; (2) Obtains money, goods, services, or anything else of value by: (A) Representing without the consent of the cardholder that he or she is the holder 4000 JOURNAL OF THE SENATE of a specified card; (B) Presenting the financial transaction card without the authorization or permission of the cardholder or issuer; (C) Falsely representing that he or she is the holder of a card and such card has not in fact been issued; or (D) Giving, orally or in writing, a financial transaction card account number to the provider of the money, goods, services, or other thing of value for billing purposes without the authorization or permission of the cardholder or issuer for such use; (3) Obtains control over a financial transaction card as security for debt; (4) Deposits into his or her account or any account by means of an automated banking device a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his or her lawful or legal property; or (5) Receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above-deposited item was not his lawful or legal property. (b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder or any agent or employee of such person commits the offense of financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he or she: (1) Furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Code Section 16-9-31 or a financial transaction card which he or she knows is forged, expired, or revoked; (2) Alters a charge ticket or purchase ticket to reflect a larger amount than that approved by the cardholder; or (3) Fails to furnish money, goods, services, or anything else of value which he or she represents in writing to the issuer that he or she has furnished. (c) Conviction of the offense of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (a) of Code Section 16-9-38 if the value of all money, goods, services, and other things of value furnished in violation of this Code section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this Code section does not exceed $100.00 in any six-month period. Conviction of the offense of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (b) of Code Section 16-9-38 if such value exceeds $100.00 in any six-month period. (d) A person commits the offense of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he or she knowingly makes or causes to be made a false statement or report relative to his or her name, occupation, employer, financial condition, assets, or liabilities or willfully and substantially THURSDAY, APRIL 2, 2015 4001 overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38. (e) A cardholder commits the offense of financial transaction card fraud when he or she willfully, knowingly, and with an intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person submits verbally or in writing to the issuer or any other person any false notice or report of the theft, loss, disappearance, or nonreceipt of his or her financial transaction card and personal identification code. Conviction of the offense of financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38. (f) A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder, remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, agent, or employee, commits the offense of financial transaction card fraud. Conviction of the offense of financial transaction card fraud as provided in this subsection shall be punishable as provided in subsection (b) of Code Section 16-9-38. (g) In any prosecution for violation of this Code section, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. Except as otherwise provided by Code Section 17-2-2, for purposes of venue the crime defined by this Code section shall be considered as having been committed in the county where the commission of the crime commenced Reserved. (h) For purposes of this Code section, revocation shall be construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card and personal identification code was issued. Notice of revocation shall be immediate when notice is given in person. The sending of a notice in writing by registered or certified mail or statutory overnight delivery in the United States mail, duly stamped and addressed to such person at his or her last address known to the issuer, shall be prima-facie evidence that such notice was duly received after seven days from the date of deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail or statutory overnight delivery." SECTION 3. Said article is further amended by revising Code Section 16-9-37, relating to unauthorized use of financial transaction card, as follows: 4002 JOURNAL OF THE SENATE "16-9-37. (a) Any person who has been issued or entrusted with a financial transaction card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount charges that can be made with the financial transaction card, and who uses the financial transaction card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services, or anything else of value shall be punished as provided in subsection (a) of Code Section 16-9-38. (b) Any person who has been issued or entrusted with a financial transaction card by a government for specifically limited and specifically authorized purposes, provided such limitations and authorizations are in writing, and who uses the financial transaction card in a manner and for purposes not authorized shall be punished as provided in subsection (b) of Code Section 16-9-38." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "16-9-40. (a) In any prosecution for a violation of this article, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. Except as otherwise provided by Code Section 17-2-2, for purposes of venue, the crime defined by this Code section shall be considered as having been committed in the county where the commission of the crime commenced. (b) In any prosecution for a violation of this article by a public official or government employee, using government funds or a financial transaction card issued to such official or government employee by or on behalf of government, the crime shall be considered to have been committed in the county in which such public official holds office or such government employee is employed." SECTION 5. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-24. (a) An elected official of a county, municipal corporation, local school system, or consolidated government shall be prohibited from the use of a government purchasing card or a government credit card unless: (1) Such purchases are solely for items or services that directly relate to such official's public duties; and (2) Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, or consolidated government. (b) Documents related to such purchases incurred by such elected officials shall be available for public inspection. THURSDAY, APRIL 2, 2015 4003 (c) No such county, municipal corporation, local school system, or consolidated government shall issue government purchasing cards or government credit cards to elected officials on or after January 1, 2016, until the governing authority of such county, municipal corporation, local school system, or consolidated government, by public vote, has authorized such issuance and has promulgated specific policies regarding the use of such government purchasing cards or government credit cards for elected officials of such county, municipal corporation, local school system, or consolidated government. Such policies shall include the following: (1) Designation of officials who shall be authorized to be issued such government purchasing cards or government credit cards; (2) A requirement that, before being issued a government purchasing card or government credit card, authorized users shall sign and accept an agreement with the county, municipal corporation, local school system, or consolidated government issuing the government purchasing card or government credit card that such users will use such cards only in accordance with the policies of the issuing governmental entity; (3) Transaction limits for the use of such cards; (4) A description of purchases that shall be authorized for use of such cards; (5) A description of purchases that shall not be authorized for use of such cards; (6) Designation of a government purchasing card or government credit card administrator; (7) A process for auditing and reviewing purchases made with such cards; and (8) Procedures for addressing a violation of such purchasing card or credit card policies and imposing penalties for violations including, but not limited to, revocation of purchasing card or credit card privileges. Nothing in such procedures or any administrative action taken pursuant thereto shall preclude any other civil or criminal remedy under any other provision of law." SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "36-80-25. (a) As used in this Code section, the term 'project' means and includes hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other health related facilities, whether public or private. (b) To the extent that the Constitution of Georgia permits the General Assembly by law to further define the powers and duties of any local government authority, as defined in Code Section 36-80-16, whose purpose includes the public purpose of developing or promoting trade, commerce, or industry, and to enlarge or restrict the same, each such local government authority is authorized and shall have the power to finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any 4004 JOURNAL OF THE SENATE project from the proceeds of revenue bonds of such a local government authority or any other funds of such local government authority, or from any contributions or loans by persons, corporations, limited or general partnerships, or other entities, all of which such a local government authority is authorized to receive, accept, and use. To the extent that any project serves a governmental function, the General Assembly finds and determines that such a project by its nature comprises both public and private components that are integrated so as to produce the desired public purpose and that therefore carrying out such a project is proper and authorized for such a local government authority under the Constitution of Georgia." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House amendment to the Senate substitute to HB 192. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach Y Bethel Y Black E Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Lucas Y Martin N McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Ramsey Y Rhett Y Seay Y Shafer Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 192. The following bill was taken up to consider House action thereto: THURSDAY, APRIL 2, 2015 4005 SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th: A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; 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 15-11-2, Title 19, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for conforming cross-references relating to the elimination of administrative legitimation; to provide for and revise definitions; to clarify provisions relating to judicial petitions for legitimation; to provide for witnesses to the signing of acknowledgments of paternity; to provide for access to signed acknowledgments of paternity and voluntary acknowledgments of legitimation; to change provisions relating to hospital programs for establishing paternity; to provide for a savings clause; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code, is amended by revising paragraph (43) as follows: "(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 such child; (B) Was married to the biological mother of a such child at the time such child was conceived or was born or within the usual period of gestation, 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 such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order 4006 JOURNAL OF THE SENATE pursuant to Article 3 of Chapter 7 of Title 19; or (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)(D) Has legitimated a such child by a final order pursuant to Code Section 19-722; or (F) Has legitimated a child pursuant to Code Section 19-7-21.1." SECTION 1-2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by repealing in its entirety Code Section 19-7-21.1, relating to acknowledgment of legitimation. SECTION 1-3. Said title is further amended by revising Code Section 19-7-22, relating to the petition for legitimation of a child, requirements therefor, the effect of such, claims for custody or visitation, and third-party actions for legitimation, as follows: "19-7-22. (a) As used in this Code section, the term: (1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child. (2) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted such child; (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of this chapter; or (D) Has legitimated such child pursuant to this Code section. (a)(b) The biological A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the this state or cannot, after due diligence, be found within the this state, the petition may be filed in the county of the biological father's residence or the county of the child's residence. If a petition for the adoption of the child is pending, the biological father shall file the petition for legitimation in the county in which the adoption petition is filed. (b)(c) A legitimation The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the biological father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under THURSDAY, APRIL 2, 2015 4007 Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If there is a legal father who is not the biological father, he shall be named as a party by the petitioner and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c)(d) Upon the presentation and filing of the a legitimation petition, and after a hearing for which notice was provided to all interested parties, the court may pass issue an order declaring the biological father's relationship with the child to be legitimate, and that the provided that such order is in the best interests of the child. If such order is issued, the biological father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying. Such order shall specify the name by which the child shall be known. (d)(e) A legitimation petition may be filed, pursuant to Code Section 15-11-11, in the juvenile court of the county in which a dependency proceeding regarding the child is pending; provided, however, that if either parent has demanded a jury trial as to child support, that issue of the case shall be transferred to superior court for a jury trial. Such petition shall contain the same information and require the same service and opportunity to be heard as set forth in subsection (c) of this Code section. After a hearing, the juvenile court may issue the same orders as set forth in subsection (d) of this Code section. (e)(f) A superior Except as provided by subsection (f) of this Code section, the court shall, upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child after notice and hearing, enter an order establishing the obligation to support a child as provided under Code Section 19-6-15. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (f.1)(g) A The petition for legitimation petition may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (4) of subsection (a) of Code Section 19-9-3 shall also apply. (g)(1)(h) In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged biological father's response may assert a thirdparty action for the legitimation of the child born out of wedlock if the alleged biological father is, in fact, the biological father. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest interests of the child. In determining the best interests of the child, the court should insure that the petitioning alleged biological father is, in fact, the biological 4008 JOURNAL OF THE SENATE father and may order the mother, the alleged father, and the child to submit to genetic testing in accordance with Code Section 19-7-45. Whenever a petition to establish the paternity of a child is brought by the Department of Human Services, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-11-8; if the petition to establish paternity is brought by a party other than the Department of Human Services or if the alleged biological father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (b) and (f.1) (c) and (g) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody. (2) In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation." SECTION 1-4. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over a child born out of wedlock lies, as follows: "19-7-25. Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.1 or 19-7-22. Otherwise, the mother may exercise all parental power over the child." SECTION 1-5. Said title is further amended by revising Code Section 19-7-27, relating to hospital program for establishing paternity, as follows: "19-7-27. (a) Except in the event of a medical emergency, prior to Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides perinatal labor and delivery services shall: (1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1; and (2) Provide provide to the mother and alleged father: (A)(1) Written materials about administratively establishing paternity establishment; (B)(2) The forms necessary to voluntarily acknowledge paternity; (C)(3) A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and (D)(4) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity establishment and the THURSDAY, APRIL 2, 2015 4009 availability of judicial determinations of paternity. (b) Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law. (c) After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall: (1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity consistent with the requirements of Code Section 19-7-46.1; (2) File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution; and (3) Provide to the child's mother and alleged father copies of the signed voluntary acknowledgment of paternity." SECTION 1-6. Said title is further amended by revising subsection (d) of Code Section 19-7-43, relating to petition to establish paternity and genetic testing, as follows: "(d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to the court, either on its own motion or on the motion of any party, may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion, if made by a party, shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article by the court. The court shall grant the a party's motion unless it finds good cause as defined by the federal Social Security Act or if other a good excuse for noncooperation is established." SECTION 1-7. Said title is further amended by revising Code Section 19-7-46.1, relating to name or social security number on birth certificate or other record as evidence of paternity and signed voluntary acknowledgment of paternity, as follows: "19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. (b) When both the mother and father have signed a voluntary acknowledgment of 4010 JOURNAL OF THE SENATE paternity in the presence of a notary public or other witness swearing or affirming the statements contained in the acknowledgment are true and such acknowledgment is filed with the State Office of Vital Records within 30 days of its execution and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. Acknowledgment of paternity shall establish the biological father, as such term is defined in Code Section 19-7-22, but shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. (d) A copy of a signed voluntary acknowledgment of paternity shall be provided to any signatory upon request. (e)(1) As used in this subsection, the term: (A) 'Child-placing agency' means an agency licensed as such pursuant to Chapter 5 of Title 49. (B) 'Legal custodian' shall have the same meaning as set forth in Code Section 1511-2. (C) 'Local custodian' shall have the same meaning as set forth in Code Section 3110-1. (D) 'State registrar' shall have the same meaning as set forth in Code Section 31-101. (2) The state registrar or local custodian, upon receipt of a written application, shall issue a certified copy of voluntary acknowledgment of paternity in the state registrar's or local custodian's custody to: (A) The person who signed such acknowledgment and his or her guardian or temporary guardian; (B) The person whose paternity was acknowledged, if he or she is at least 18 years of age; (C) The guardian, temporary guardian, or legal custodian of the person whose paternity was acknowledged; (D) The living legal spouse or next of kin, the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose paternity is registered; (E) A court of competent jurisdiction upon its order or subpoena; THURSDAY, APRIL 2, 2015 4011 (F) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes; (G) A member in good standing of the State Bar of Georgia, provided that such certificate shall be needed for purposes of legal investigation on behalf of a client; and (H) A child-placing agency, provided that such certificate shall be needed for official purposes." SECTION 1-8. Said title is further amended by revising Code Section 19-7-51, relating to order of support, visitation privileges, and other provisions, as follows: "19-7-51. The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, visitation privileges with the child as provided in Code Section 19-6-15, or any other matter in the best interest interests of the child." SECTION 1-9. Said title is further amended by revising paragraph (6) of Code Section 19-8-1, relating to definitions relating to adoption, as follows: "(6) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted a such child; (B) Was married to the biological mother of that such child at the time that such child was conceived or was born or within the usual period of gestation, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (C) Married the legal mother of the such child after the such child was born and recognized the such child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; or (D) Has legitimated the such child by a final order pursuant to Code Section 19-722; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1 and who has not surrendered or had terminated his rights to the child." SECTION 1-10. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-4, relating to when surrender or termination of parental or guardian's rights is required, as follows: "(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1." 4012 JOURNAL OF THE SENATE SECTION 1-11. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights when child to be adopted by a third party, as follows: "(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1." SECTION 1-12. Said title is further amended by revising subparagraph (e)(3)(D) of Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights when child to be adopted by a relative, as follows: "(D) The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1." SECTION 1-13. Said title is further amended by revising subsection (c) of Code Section 19-8-9, relating to surrender of parental rights when legal mother puts up for adoption a child that she previously adopted herself, as follows: "(c) If a legal mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, 19-86, or 19-8-7 and has not withdrawn her surrender within the ten-day period after signing as permitted by the provisions of subsection (b) of this Code section, she shall have no right or authority to sign either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 197-46.1 regarding the same child." SECTION 1-14. Said title is further amended by revising subsection (e) of Code Section 19-8-12, relating to notice to biological father, as follows: "(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of THURSDAY, APRIL 2, 2015 4013 legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father." SECTION 1-15. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsections (a) and (d) of Code Section 31-10-25, relating to disclosure of information contained in vital records, as follows: "(a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter, Code Section 19-7-46.1, and by regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law." "(d) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon the authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction." SECTION 1-16. Said chapter is further amended by revising subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, issuance, and use for statistical purposes, as follows: "(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto: (1) The state registrar or local custodian, of vital records appointed by the state registrar to issue certified copies upon receipt of a written application, shall issue: (A) A a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified; (B) Certified copies of voluntary acknowledgments of paternity as provided in subsection (e) of Code Section 19-7-46.1; (C) Certified copies of voluntary acknowledgments of legitimation executed on or before June 30, 2015, to the same individuals and entities specified in subsection (e) of Code Section 19-7-46.1; and (D) Certified copies of certificates shall only be issued to: (A)(i) The person whose record of birth is registered; (B)(ii) Either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (C)(iii) The living legal spouse or next of kin, or the legal representative, or the person who in good faith has applied and produced a record of such application to 4014 JOURNAL OF THE SENATE become the legal representative of the person whose record of birth or death is registered; (D)(iv) A The court of competent jurisdiction upon its order or subpoena; or (E)(v) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes.; and (2) Each certified copy issued shall show the date of registration and duplicates issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all duplicates issued. All forms and procedures used in the issuance of certified copies of vital records in this state shall be provided or approved by the state registrar." SECTION 1-17. This part of this Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2015. PART II SECTION 2-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (2) of subsection (a) of Code Section 15-1-8, relating to when a judge or judicial officer is disqualified, as follows: "(2) Preside, act, or serve in any case or matter when such judge is related by consanguinity or affinity within the sixth third degree as computed according to the civil law to any party interested in the result of the case or matter; or" SECTION 2-2. Said title is further amended by revising Code Section 15-12-70, relating to disqualification for relationship to interested party, as follows: "15-12-70. All grand jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth third degree as computed according to the civil law. Relationship more remote shall not be a disqualification." SECTION 2-3. Said title is further amended by revising subsection (a) of Code Section 15-12-135, relating to disqualification for relationship to interested party, as follows: "(a) All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth third degree as computed according to the civil law. Relationship more remote shall not be a disqualification." THURSDAY, APRIL 2, 2015 4015 PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 64 as amended by the following amendment: Senator Unterman of the 45th offered the following amendment: Amend the House Rules Committee Substitute to SB 64 (LC 29 6670S) by deleting lines 9 through 12 and inserting in lieu thereof the following: to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to another person for the temporary delegation of certain power and authority for the care and custody of a child; to provide a short title; to provide for definitions; to provide for procedure; to provide for legislative findings; to provide for related; By deleting lines 365 through 385 and inserting in lieu thereof the following: Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Chapter 9, relating to child custody proceedings, by adding a new article to read as follows: "ARTICLE 5 19-9-140. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.' 19-9-141. As used in this article, the term: (1) 'Child' means an individual who is under the age of 18 years. (2) 'Guardian' means an individual appointed pursuant to Title 29 or by a court of law. (3) 'Legal custodian' shall have the same meaning as provided in Code Section 15-112. (4) 'Parent' shall have the same meaning as provided in Code Section 15-11-2. 19-9-142. (a) A parent, guardian, or legal custodian of a child, by a properly executed power of attorney provided in Code Section 19-9-150, may delegate to any adult residing in this state caregiving authority regarding his or her child for a period not to exceed one year, except as provided in Code Section 19-9-149. A parent, guardian, or legal custodian of 4016 JOURNAL OF THE SENATE a child may delegate to an attorney-in-fact any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court by executing in writing a power of attorney for the care and custody of the child in a form substantially complying with the provisions of this article. A delegation of power and authority under this Code section shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent, guardian, or legal custodian of a child of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of such child. (b) Except as limited by federal law, this Code section, or the wishes of the parent, guardian, or legal custodian of a child as expressed in the power of attorney, the attorney-in-fact shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent, guardian, or legal custodian of a child pursuant to the laws of this state. (c) An attorney-in-fact shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney. An attorney-in-fact shall swear or affirm under penalty of law that he or she is not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor has he or she ever been required to register for any such registry. (d) The attorney-in-fact under a power of attorney for the care and custody of a child shall act in the best interest of the child. Such attorney-in-fact shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interest of the child. (e)(1) The attorney-in-fact shall have the right to enroll the child in a public school serving the area where the attorney-in-fact resides and may enroll the child in a private school, pre-kindergarten program, or home study program. (2) A public school shall allow such attorney-in-fact with a properly executed power of attorney for the care and custody of a child to enroll such child. (3) At the time of enrollment, the attorney-in-fact shall provide to such public school such residency documentation as is customary in that school district. (4) A public school shall not unreasonably deny enrollment of a child. If a public school denies enrollment of a child by an attorney-in-fact, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. 19-9-143. (a) When only one parent has legal custody of a child, he or she shall provide to the other parent a copy of the proposed power of attorney and the text of this Code section, THURSDAY, APRIL 2, 2015 4017 by certified mail or statutory overnight delivery, 30 days prior to executing a power of attorney under this article. (b) The parent receiving the notice set forth in subsection (a) of this Code section may object to the execution of a power of attorney within 21 days of the transmittal of such notice. Such objection shall be filed in the superior court of the county where the child resides and shall be served by certified mail or statutory overnight delivery. Within 30 days of the objection being filed, the court shall hold an expedited hearing and determine whether the power of attorney is in the best interest of the child. The power of attorney shall not become effective until the court finds it to be in the best interest of the child. (c) In addition to the notice provided in subsection (a) of this Code section, a parent executing a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3. (d) In the event of an emergency, the written requirement provisions of this Code section may be waived, but in no event shall this provision be interpreted as a means to violate a court order entered pursuant to subsection (f) of Code Section 19-9-3. 19-9-144. Nothing in this article shall preclude a parent, guardian, legal custodian, or attorney-infact from granting temporary written permission to seek emergency medical treatment or other services for a child while in the custody of an adult who is not the parent, guardian, legal custodian, or attorney-in-fact and who is temporarily supervising the child at the request of the parent, guardian, legal custodian, or attorney-in-fact. 19-9-145. (a) Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), a parent, guardian, or legal custodian executing the power of attorney for the care and custody of a child shall swear or affirm under penalty of law that such action is not being taken for the purpose of enrolling the child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with state law and may require, in addition to any other remedies, repayment by such parent, guardian, or legal custodian of all costs incurred by the school as a result of the violation. (b) A parent, guardian, or legal custodian shall not execute a power of attorney for the care and custody of a child for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department of Human Services and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the parent, guardian, or legal custodian, the child, or another child of the parent. (c) The power of attorney for the care and custody of a child shall be signed and acknowledged before a notary public by the parent, guardian, or legal custodian executing the power of attorney. 4018 JOURNAL OF THE SENATE 19-9-146. (a) The parent, guardian, or legal custodian of a child shall have the authority to revoke or withdraw the power of attorney by providing written notice to the attorney-in-fact at any time. If a parent, guardian, or legal custodian withdraws or revokes the power of attorney, the child shall be returned to the custody of the parent, guardian, or legal custodian as soon as reasonably possible. (b) Unless the authority is revoked or withdrawn by the parent, guardian, or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized in such power of attorney so long as it does not exceed the length of time authorized in Code Sections 19-9-142 and 19-9-149 and shall not be subject to any provision concerning the licensing or regulation of foster care homes. 19-9-147. The execution of a power of attorney by a parent, guardian, or legal custodian, as authorized by this article, shall not constitute abandonment under Code Section 19-10-1 nor be reportable as child abuse or neglect under Code Section 19-7-5 unless the parent, guardian, or legal custodian fails to take custody of the child or execute a new power of attorney after the expiration of the power of attorney. 19-9-148. (a) A child subject to the power of attorney authorized by this article shall not be considered placed in foster care as defined in any other provision of law, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) An attorney-in-fact who has been delegated caregiving authority under this article shall not be subject to the requirements of any other child care facility or foster care licensing provisions, and such delegation shall not constitute an out-of-home child placement. 19-9-149. A parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is on active duty service. Such term of delegation, however, shall not exceed the term of active duty service plus 30 days. 19-9-150. (a) The statutory power of attorney contained in this Code section may be used for the temporary delegation of parental caregiving authority to an attorney-in-fact. This THURSDAY, APRIL 2, 2015 4019 power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by a parent, guardian, or legal custodian of any other or different form of power of attorney for the care and custody of a child that substantially complies with this article. (b) A power of attorney shall be legally sufficient under this Code section if the wording of the form complies substantially with the provisions of this Code section, the form is properly completed, and the signatures of the parties are acknowledged. (c) The power of attorney for the care and custody of a child shall be in substantially the following form: 'Statutory Form for Power of Attorney to Delegate Parental, Guardian, or Legal Custodian Power and Authority 1. I swear or affirm under penalty of law that I am the parent, guardian, or legal custodian of: _________________________________________________ (Full name of child) (Date of birth) 2. I designate _______________________________ (full name of attorney-in-fact), ____________________________________________________________________ (street address, city, state, and ZIP Code of attorney-in-fact) ____________________________________________________________________, (home and work phone numbers of attorney-in-fact) as the attorney-in-fact of the child named above. 3. I delegate to the attorney-in-fact all my power and authority regarding the care and custody the child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, attend school activities and other functions concerning the child, and give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. OR 4. I delegate to the attorney-in-fact the following specific powers and responsibilities (write in): ____________________________________________________________________ In the event section 4 is completed, section 3 does not apply. This delegation shall not include the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. 4020 JOURNAL OF THE SENATE 5. This power of attorney is effective for a period not to exceed one year, beginning _____________, 20___, and ending _____________, 20___. I reserve the right to revoke this power and authority at any time. OR 6. I am a serving parent as defined by Code Section 19-9-149 of the Official Code of Georgia Annotated. My active duty service is scheduled to begin on _____________, 20___, and is estimated to end on _____________, 20___. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my active duty plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time. 7. Except as may be permitted by the federal No Child Left Behind Act (P.L. 107110), I hereby swear or affirm under penalty of law that this power of attorney is not being executed for the purpose of enrolling a child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. By: ______________________________________________ (Parent, guardian, or legal custodian signature) 8. I hereby accept my designation as attorney-in-fact for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby swear or affirm under penalty of law that I am not currently on the state sexual offender registry of this state or the sexual offender registration for any other state, a United States territory, the District of Columbia, or any Indian Tribe nor have I ever been required to register for any such registry. __________________________________________________ (Attorney-in-fact signature) State of Georgia County of _______________________ ACKNOWLEDGMENT Before me, the undersigned, a Notary Public, in and for said County and State on this _____ day of ____________, 20____, personally appeared ____________________ (name of parent, guardian, or legal custodian) and ______________________ (name of attorney-in-fact), to me known to be the identical persons who executed this instrument and acknowledged to me that each executed the same as his or her free and THURSDAY, APRIL 2, 2015 4021 voluntary act and deed for the uses and purposes set forth in the instrument. Witness my hand and official seal the day and year above written. __________________________________________________ (Notary public signature) (Seal) My commission expires: _____________________'" On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black E Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin Y Harbison Y Harper N Heath Y 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 Jones, H Kennedy Y Kirk Y Ligon Y Lucas Martin N McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T On the motion, the yeas were 46, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 64 as amended by the Senate. The following bill was taken up to consider the Conference Committee Report thereto: SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd 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 provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4022 JOURNAL OF THE SENATE The Conference Committee Report was as follows: The Committee of Conference on SB 127 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 127 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Burke of the 11th /s/ Senator Jeffares of the 17th /s/ Senator Ligon of the 3rd /s/ Representative Fleming of the 121st /s/ Representative Rynders of the 152nd /s/ Representative Hamilton of the 24th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 127 A BILL TO BE ENTITLED AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from a previous primary or election has certain outstanding late fees, fines, or penalties under the Ethics in Government Act; to provide for exceptions; to require notice of write-in candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to eliminate references to municipal registrars; to revise certain terminology; to revise certain forms of proof of citizenship; to provide for the dissemination of certain voter registration information; to provide for the updating of municipal maps to the board of registrars; to provide for the transfer of voter registration to another county in certain circumstances; to provide for the provision of absentee ballots without additional request in certain circumstances; to revise the information required on absentee ballot envelopes; to revise the reporting requirements for a pilot project for electronic handling of absentee ballots; to clarify assistance in voting procedures; to regulate certain activities within and within close proximity to polling places; to clarify the procedures for use of provisional ballots; to provide definitions; to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, is amended in Code Section 21-2-8, relating to eligibility for party nomination, public THURSDAY, APRIL 2, 2015 4023 office, or performance of certain official acts of persons convicted and sentenced for certain crimes, illegally holding any public funds, and effect of disqualification of superintendent, by designating the existing text as subsection (a) and adding a new subsection to read as follows: "(b)(1) No person shall be eligible as a candidate for party nomination for or election to a public office as defined in subparagraphs (A), (B), (C), or (D) of paragraph (22) of Code Section 21-5-3 if such person or such person's campaign committee has outstanding late fees, fines, or penalties from any previous primary or election pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34 which have become final and from which no appeal is pending. However, if a person who qualifies for party nomination for or election to a public office or such person's campaign committee has any such outstanding late fees, fines, or penalties from any previous primary or election pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34 which have become final and from which no appeal is pending, such person shall not be subject to disqualification from seeking such nomination or office unless such person is given written notification by the Secretary of State of the existence of such outstanding late fees, fines, or penalties and such candidate does not within ten calendar days following such notice pay such fees, fines, or penalties in full. (2) On and after January 1, 2017, no person shall be eligible as a candidate for party nomination for or election to a public office as defined in subparagraphs (F) or (G) of paragraph (22) of Code Section 21-5-3 if such person or such person's campaign committee has outstanding late fees, fines, or penalties from any previous primary or election pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34 which have become final and from which no appeal is pending. However, if a person who qualifies for party nomination for or election to a public office or such person's campaign committee has any such outstanding late fees, fines, or penalties from any previous primary or election pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34 which have become final and from which no appeal is pending, such person shall not be subject to disqualification from seeking such nomination or office unless such person is given written notification by the election superintendent of the existence of such outstanding late fees, fines, or penalties and such candidate does not within ten calendar days following such notice pay such fees, fines, or penalties in full." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows: "(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 4024 JOURNAL OF THE SENATE and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election. In the event that such intention of candidacy is filed and published by a person or group of persons other than the candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for such filing and publication." SECTION 3. Said title is further amended by revising subsection (c) of Code Section 21-2-212, relating to county registrars; appointment, certification, term of service, vacancies, compensation, and expenses of chief registrar, registrars, and other officers and employees; and budget estimates, as follows: "(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars Reserved." SECTION 4. Said title is further amended by revising Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege THURSDAY, APRIL 2, 2015 4025 from arrest, and duties conducted in public, as follows: "21-2-214. (a) Members of the board of registrars shall be electors of the this state and the county in which they serve, and any deputy registrars shall be electors of the this state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment. (b) The office of a member of a county or municipal board of registrars, a deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in this Code section shall cause the office of a member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint countymunicipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state: 4026 JOURNAL OF THE SENATE 'I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace. (f) The registrars shall conduct their duties in public, and all hearings on the qualifications of electors shall be conducted in public." SECTION 5. Said title is further amended by revising paragraph (2) of subsection (g) of Code Section 21-2-216, relating to qualifications of electors generally, reregistration of electors purged from list, eligibility of nonresidents who vote in presidential elections, retention of qualification for standing as elector, evidence of citizenship, and check of convicted felons and deceased persons databases, as follows: "(2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The A legible photocopy of the applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number card that verifies citizenship to the satisfaction of the board of registrars; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board." THURSDAY, APRIL 2, 2015 4027 SECTION 6. Said title is further amended by revising subsection (e) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, as follows: "(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar municipality shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar municipality shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election." SECTION 7. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, limitations on registration data available for public inspection, and data made available by Secretary of State, as follows: "(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the month and day of birth, the social security numbers, e-mail addresses, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, to agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection." 4028 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by revising subsection (c) of Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, as follows: "(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended any subsequent changes to such boundaries. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar municipality a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar municipality shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies." SECTION 9. Said title is further amended by revising subsection (d) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows: "(d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration precinct card pursuant to Code Section 21-2-226." SECTION 10. Said title is further amended by revising subsection (d) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities, as follows: "(d) If the elector returns the card and shows that he or she has changed residence to a THURSDAY, APRIL 2, 2015 4029 place outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is currently registered, the elector's name shall be removed from the appropriate list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located, and the registrars of the county of the new address shall update the voter registration list to reflect the change of address." SECTION 11. Said title is further amended by revising Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, as follows: "21-2-380.1. The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article." SECTION 12. Said title is further amended by revising subparagraph (a)(1)(G) of Code Section 21-2381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, as follows: "(G) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board or any elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application a ballot for a presidential preference primary held pursuant to Article 5 of this chapter and for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." SECTION 13. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows: 4030 JOURNAL OF THE SENATE "(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia, for voting purposes; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. ____________________ Elector's Residence Address for Voting Purposes ____________________ Month and Day Year of Elector's Birth ________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________, _________. ________________________ Signature of Person Assisting Elector Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. THURSDAY, APRIL 2, 2015 4031 Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony." SECTION 14. Said title is further amended by revising subsections (e) and (f) of Code Section 21-2387, relating to pilot program for electronic handling of absentee ballots, requirements for pilot program, reporting, and termination of pilot program, as follows: "(e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the primary or general election cycle in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future primaries and elections. (f) The pilot program shall be used in the first primary or general election cycle following: (1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and (2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such primary or general election." SECTION 15. Said title is further amended by revising subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, as follows: "(b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except such elector's employer or agent of that employer or officer or agent of such elector's union to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select: (A) Any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (B) The mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider of the elector entitled to receive assistance to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall 4032 JOURNAL OF THE SENATE assist, under this paragraph, more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate shall offer assistance during that particular election under the provisions of this Code section paragraph to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law." SECTION 16. Said title is further amended by revising subsections (a) and (c) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows: "(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters, nor shall any person establish or set up any voter information or assistance tables, booths, or stations on any day in which ballots are being cast: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors." "(c) Reserved Except for credentialed poll watchers, poll workers, and law enforcement officers, poll officers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters." SECTION 17. Said title is further amended by revising subsection (a) of Code Section 21-2-418, relating to provisional ballots, as follows: "(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election believing stating a good faith belief that he or she has timely registered to vote in that county for such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast a provisional ballot in his or her county of residence in this state as provided in this Code section." THURSDAY, APRIL 2, 2015 4033 SECTION 18. Said title is further amended by revising subsection (c) of Code Section 21-2-500, relating to delivery of voting materials, presentation to grand jury in certain cases, preservation and destruction, and destruction of unused ballots, as follows: "(c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate." SECTION 19. Said title is further amended by adding a new Code section to read as follows: "21-5-7.2. (a) Upon written request of a candidate with regard to filings required by this chapter between January 1, 2010, and January 10, 2014, or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of campaign disclosure reports and personal financial disclosure reports. Such request or response shall be filed not later than December 31, 2015. (b) For candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver under this Code section, and, if granted, the commission, subject to appropriation, shall refund such late fees, fines, and civil penalties to the candidate. Such request shall be filed not later than December 31, 2015. (c) With regard to filings which were required under this chapter during the period 4034 JOURNAL OF THE SENATE between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that a candidate for a public office defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but was unable to do so as a result of the problems with the commission's computer system during such time period, provided that such candidate files an affidavit with the commission that such candidate made or attempted to make such filings. Such rebuttable presumption may be overcome by proof by clear and convincing evidence that such candidate failed to file the required report during such period. (d) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a waiver of all fines, penalties, and fees for a candidate for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, provided that such candidate files an affidavit with the commission not later than December 31, 2015, stating that such candidate did not accept a combined total of contributions exceeding $2,500.00 for the election cycle for which such fines, penalties, or fees were incurred and did not make a combined total of expenditures exceeding $2,500.00 for the election cycle for which such fines, penalties, and fees were incurred. (e) The commission shall approve or deny each request for waiver within nine months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the Office of State Administrative Hearings. (f) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section determines by clear and convincing evidence that the person to whom such waiver was granted failed to file the report or reports for which such waiver was granted or that the affidavit submitted under subsection (d) of this Code section was false, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such further actions as the commission is authorized to do as if such waiver had never been granted. (g) If the commission grants a waiver under this Code section or the statute of limitations has run on a violation or failure to file reports, the commission shall remove the name of the person for whom the waiver is granted from its web page listing of persons who owe late fees, fines, or penalties for all matters covered by such waiver. (h) The commission shall promulgate rules and regulations for the consideration of the waivers authorized by this Code section not later than 60 days following its effective date. (i) The commission shall not require a person requesting a waiver to perform any additional acts or make any additional filings as a condition of receiving such waiver." SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. THURSDAY, APRIL 2, 2015 4035 SECTION 21. 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 127. On the motion, a roll call was taken, and the vote was as follows: N Albers N Beach N Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn N Gooch N Harbin N Harbison Y Harper Y Heath N Henson N Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares N Jones, B N Jones, E N Jones, H Y Kennedy N Kirk Y Ligon N Lucas Y Martin N McKoon N Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay N Shafer N Sims Y Stone N Tate N Thompson, B N Thompson, C N Tippins Y Tolleson Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 22, nays 33; the motion lost, and the Senate did not adopt the Conference Committee Report on SB 127. The following bill was taken up to consider House action thereto: HB 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a 4036 JOURNAL OF THE SENATE retaliatory tax; to provide for decertification; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Insurance and Labor Committee substitute to HB 439 (LC 37 2010ERS) by deleting on line 100 "48-7-27, and 48-7-31" and replacing with "48-7-21, and 48-7-27". By deleting on line 116 "premium". By deleting lines 138 and 139 and inserting in lieu thereof the following: Financial Institutions Fund; By deleting on line 150 "; and" and replacing with "." By deleting lines 165 and 166 and inserting in lieu thereof the following: Code of 1986, as amended. Senator Bethel of the 54th moved that the Senate agree to the House amendment to the Senate substitute to HB 439. On the motion, a roll call was taken and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert N Crane Y Davenport Y Dugan N Fort Y Ginn N Gooch Y Harbin Y Harbison 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Miller Y Mullis N Orrock N Parent Y Ramsey Y Rhett N Seay N Shafer Y Sims Y Stone Y Tate Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Williams, T THURSDAY, APRIL 2, 2015 4037 On the motion, the yeas were 41, nays 9; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 439. The following bill was taken up to consider the Conference Committee Report thereto: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 100 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 100 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Harper of the 7th /s/ Senator Watson of the 1st /s/ Senator Tolleson of the 20th /s/ Representative Rogers of the 10th /s/ Representative Tanner of the 9th /s/ Representative Greene of the 151st COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 100 A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, so as to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to require certain notifications to delinquent obligors; 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 reporting requirements by the Department of Education to the Department of 4038 JOURNAL OF THE SENATE Driver Services; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise provisions regarding licensing for the operation of motor vehicles and the operation of motor vehicles; to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to provide for a waiver of the application fee for instruction permits in certain instances; to provide for legislative findings; to provide for the use of paper eye charts for the testing of noncommercial driver's vision; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to change provisions relating to a plea of nolo contendere; to prohibit the offering of items of monetary value for the enrollment of students by any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department; to allow photographs on drivers' licenses and identification cards to be in black and white; to provide for the conditions under which limited driving permits shall be issued; to allow photographs on drivers' licenses and identification cards to be in black and white; 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: PART I SECTION 1-1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, is amended in Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, by revising paragraph (3) of subsection (b) as follows: "(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year." PART II SECTION 2-1. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended in Code Section 19-11-9.3, relating to THURSDAY, APRIL 2, 2015 4039 suspension or denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly, by adding a new subsection to read as follows: "(p) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension." PART III SECTION 3-1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (f) of Code Section 20-2320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, as follows: "(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety Driver Services, in a form to be agreed upon between the Department of Education and the Department of Public Safety Driver Services, enrollment, attendance expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22." SECTION 3-2. Said chapter is further amended by revising paragraph (5) of subsection (b) and paragraph (6) of subsection (c) of Code Section 20-2-690, relating to educational entities and requirements by private schools and home study programs, as follows: "(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance enrollment by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-522; and" "(6) 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 4040 JOURNAL OF THE SENATE 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 enrollment by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-522, 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;" SECTION 3-3. Said chapter is further amended by revising subsection (g) of Code Section 20-2-690.2, relating to the establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows: "(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 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 3-4. Said chapter is further amended by revising subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment, as follows: "(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, 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 enrollment by the Department of Public Safety Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which THURSDAY, APRIL 2, 2015 4041 does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320." SECTION 3-5. Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility for reporting truants to juvenile or other courts, as follows: "20-2-701. (a) Local school superintendents as applied to private schools, the Department of Education as applied to home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, if known. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system." PART IV SECTION 4-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (A) of paragraph (8.3) of Code Section 40-1-1, relating to definitions, as follows: "(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 4,536 kg (10,001 lbs.) or more;" SECTION 4-2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor 4042 JOURNAL OF THE SENATE vehicles, civil penalties, operation of out-of-service vehicles, and criminal penalties, as follows: "(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014 2015." SECTION 4-3. Said title is further amended by revising Code Section 40-2-1, relating to definitions, as follows: "40-2-1. As used in this chapter, the term: (1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state. (5) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and: (A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater; (B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or (C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity. (4)(6) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both. (5)(7) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6)(8) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor THURSDAY, APRIL 2, 2015 4043 carrier business or enterprise operations. (7)(9) 'Resident' means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (8)(10) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (9)(11) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department." SECTION 4-4. Said title is further amended in Code Section 40-2-20, relating to registration and license requirements, by adding a new subparagraph to paragraph (1) of subsection (a) to read as follows: "(C) The county tag agent may issue a temporary operating permit for any vehicle that fails to comply with applicable federal emission standards, provided that the owner of such vehicle has provided verification of the existence of minimum motor vehicle liability insurance coverage and paid all applicable taxes, penalties, insurance lapse fees, and fees other than the registration fee. Such temporary operating permit shall be valid for 30 days and shall not be renewable." SECTION 4-5. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 402-140, relating to the administration of the Federal Unified Carrier Registration Act of 2005 by the Department of Public Safety, 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: "(d)(1) Any intrastate motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No for-hire intrastate 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 4044 JOURNAL OF THE SENATE against the negligence of such for-hire intrastate 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 for-hire intrastate 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. (e) Before any intrastate motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the intrastate motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (f) Prior to the issuance of the initial registration to any intrastate motor carrier Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Public Safety pursuant to subsection (d) or (e) of this Code section, that intrastate motor carrier shall furnish evidence to the Department of Public Safety that the intrastate motor 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." SECTION 4-6. Said title is further amended in Code Section 40-5-2, relating to information which may be disseminated by the Department of Driver Services, by revising paragraph (5) of subsection (f) as follows: "(5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code section sections;" SECTION 4-7. Said title is further amended by revising Code Section 40-5-6, relating to forms for making anatomical gifts, as follows: "40-5-6. (a) Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver's license or personal identification card, the department shall furnish that such person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' for the gift of all or part of the donor's THURSDAY, APRIL 2, 2015 4045 body conditioned upon the donor's death. If any such person, legally authorized to execute such a gift as provided for pursuant to Code Section 44-5-142, desires to execute a gift, the department shall provide that such person with appropriate assistance and the presence of the legally required number of witnesses. (b) A notation shall be affixed to or made a part of every driver's license and personal identification card issued in this state indicating whether or not the licensee or cardholder has executed, under Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' a gift, by will or otherwise, of all or part of his or her body conditioned upon the donor's death." SECTION 4-8. Said title is further amended in Code Section 40-5-22, relating to persons not to be licensed and school attendance requirements, by revising subsections (a.1) and (c) and by adding a new subsection to read as follows: "(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant: (A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the 4046 JOURNAL OF THE SENATE following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3)(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. THURSDAY, APRIL 2, 2015 4047 (4)(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma." "(c) Except as provided in subsection (d) of this Code section, the The department shall not issue any driver's license to nor renew the driver's license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction. (d) The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with paragraph (1) of subsection (a) of Code Section 40-5-64." SECTION 4-9. Said title is further amended in Code Section 40-5-25, relating to application fees for drivers' licenses, by revising subsection (b) as follows: "(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought when the knowledge test is to be administered by the department. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) The department shall waive the license fee for each person applying for a Class P noncommercial instruction permit for a Class C driver's license when the 4048 JOURNAL OF THE SENATE noncommercial knowledge test is to be administered by a licensed driver training school or public or private high school authorized to administer such tests as provided for in subsection (d) of Code Section 40-5-27. (3) Each person applying for a Class A, B, or C commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund." SECTION 4-10. Said title is further amended in Code Section 40-5-25, relating to indication of participation in voluntary programs on driver's license application, by revising subsection (d) and paragraph (1) of subsection (e) as follows: "(d)(1) The General Assembly finds that it is in the best interest of the this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) The department shall make available to those federally designated organ procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' including the name, license number, date of birth, gender, and most recent address of any person eligible pursuant to Code Section 44-5-142 who obtains an organ donor driver's license; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (e)(1) The General Assembly finds that it is in the best interests interest of the this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, and treatments, and rehabilitation for the benefit of the citizens of Georgia." SECTION 4-11. Said title is further amended in Code Section 40-5-27, relating to examination of driver's license applicants, by revising paragraph (1) of subsection (c) as follows: "(c)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, no noncommercial driver's license shall be issued to any person who does not have a THURSDAY, APRIL 2, 2015 4049 visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally." SECTION 4-12. Said title is further amended in Code Section 40-5-28, relating to contents of drivers' licenses, by revising subsection (a) as follows: "(a) Except as provided in subsection (c) of this Code section, the department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." SECTION 4-13. Said title is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, as follows: "(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (7)(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4." 4050 JOURNAL OF THE SENATE SECTION 4-14. Said title is further amended by repealing in its entirety Code Section 40-5-57.2, relating to suspension based on violation of Code Section 40-6-255, and designating said Code section as reserved. SECTION 4-15. Said title is further amended by revising Code Section 40-5-57.1, relating to suspension and reinstatement of drivers' licenses for persons under a certain age, as follows: "(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or a violation of Code Section 40-6-391 shall be suspended by the department operation of law as provided by this Code section; and the. A plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The court in which such conviction is had shall require the surrender to it of the driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of the disposition to the department within ten days after the conviction. The department shall send notice of any suspension imposed pursuant to this subsection via certified mail to the address reflected on its records as the person's mailing address. (b) The driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by subsection (c) of this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested;, to the address reflected in the department's records as the driver's mailing address or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b)(c) A person whose driver's license has been suspended under subsection (a) or (b) of this Code section shall: (1) Subject to the requirements of subsection (c) (d) of this Code section and except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and THURSDAY, APRIL 2, 2015 4051 (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) Upon the first conviction of a violation of Code Section 40-6-391, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of six months unless the driver's blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months. (B) Upon the second conviction of a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of 18 months. (C) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. (b.1)(c.1) In any case where a person's driver's license was administratively suspended as a result of a violation of Code Section 40-6-391 for which the person's driver's license has been suspended pursuant to subsection (c) of this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (c)(d)(1) Any driver's license suspended under subsection (a) or (b) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 and pays the applicable reinstatement fee. Any driver's license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the applicable reinstatement fee. (2) The reinstatement fee for a first such suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such suspension shall be $310.00 or $300.00 if paid by mail. (d)(e) A suspension provided for in subsection (a) of this Code section shall be imposed based on the person's age on the date of the conviction giving rise to the suspension." 4052 JOURNAL OF THE SENATE SECTION 4-16. Said title is further amended by repealing in their entirety subsections (e) and (f) of Code Section 40-5-63, relating to periods of suspension and conditions of return of license. SECTION 4-17. Said title is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (a), (c), and (c.1) as follows: "(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit." "(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a probation office or officer, or performing community service; or (7) Transporting an immediate family member who does not hold a valid driver's license for work, medical care, or prescriptions or to school. THURSDAY, APRIL 2, 2015 4053 (c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes: (A) Going to his or her place of employment or performing the normal duties of his or her occupation; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." SECTION 4-18. Said title is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows: "40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of Except as provided in Code Section 40-5-76, 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, in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 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 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 4054 JOURNAL OF THE SENATE 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 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 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. Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to THURSDAY, APRIL 2, 2015 4055 surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. 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 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. (a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. (b) Except as provided in Code Section 40-5-76, 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 a controlled substance or marijuana 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 40-6-391; 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. (c)(1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of 4056 JOURNAL OF THE SENATE the case shall be forwarded to the department. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department. (d)(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e)(d) 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. (f)(e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. (h)(f) Licensed Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court. (i)(g) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof." THURSDAY, APRIL 2, 2015 4057 SECTION 4-19. Said title is further amended in Code Section 40-5-81, relating to the driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program option and the certification and approval of courses, by adding a new subsection to read as follows: "(d) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly offer, for purposes of the enrollment or solicitation of any student or prospective student, any item of monetary value, including but not limited to United States legal tender, food, gasoline cards, debit gift cards, or merchant gift cards to any: (1) Student or agent or legal representative of a student; (2) Employee or agent of a private company which has contracted with a county, municipality, or consolidated government to provide probation services pursuant to Article 6 of Chapter 8 of Title 42; (3) Law enforcement officer; or (4) Officer or employee of the judicial branch or a court. A violation of this subsection shall be a misdemeanor." SECTION 4-20. Said title is further amended in Code Section 40-5-100, relating to the issuance of personal identification cards, by revising subsection (a) and by adding new subsections to read as follows: "(a) The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof; and (10) Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and (11) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or 4058 JOURNAL OF THE SENATE information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(e)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' including the name, personal identification card number, date of birth, gender, and most recent address of any person who obtains an organ donor identification card; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (f)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia. (2) Each application form for issuance, reissuance, or renewal of a personal identification card under this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the personal identification card fee prescribed by the commissioner. (3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23." SECTION 4-21. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows: "(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) (e) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for THURSDAY, APRIL 2, 2015 4059 a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail." SECTION 4-22. Said title is further amended in Code Section 40-5-150, relating to contents of commercial drivers' licenses, by revising subsection (a) as follows: "(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The license number or identifier assigned by the department; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; and (9) The dates between which the license is valid." SECTION 4-23. Said title is further amended in Code Section 40-5-171, relating to contents of personal identification cards for persons with disabilities, by revising subsection (a) as follows: "(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Signature of person identified or facsimile thereof; and (11) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which 4060 JOURNAL OF THE SENATE uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." SECTION 4-24. Said title is further amended in Code Section 40-6-15, relating to knowingly driving a motor vehicle with a suspended, canceled, or revoked vehicle registration, by revising subsection (e) as follows: "(e) For all purposes under this Code section, a plea of nolo contendere shall be considered as a conviction. For purposes of pleading nolo contendere, only one nolo contendere plea shall be accepted to a charge of driving a motor vehicle with a suspended, canceled, or revoked vehicle registration within a five-year period of time as measured from the date of the previous arrest for which a conviction was obtained or plea of nolo contendere was accepted to the date of the current arrest. All other nolo contendere pleas within such period of time shall be considered convictions." PART V SECTION 5-1. Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to timing for issuance of ignition interlock device limited driving permits, is amended by revising paragraph (1) of subsection (a) as follows: "(a)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph (b)(c)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section 40-5-63, the Department of Driver Services shall not issue an ignition interlock device limited driving permit until after the expiration of 120 days from the date of the conviction for which such certificate was granted." PART VI SECTION 6-1. Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed. Senator Harper of the 7th moved that the Senate adopt the Conference Committee Report on SB 100. THURSDAY, APRIL 2, 2015 4061 On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Ramsey Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 100. The following bill was taken up to consider House action thereto: SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 33-23; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a 4062 JOURNAL OF THE SENATE violation of Code Section 3-3-23; to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to revise procedures for arrest by citation; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, is amended by revising subsections (d) and (e) of Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, as follows: "(d)(1) Unless the officer has reasonable cause to believe such person is intoxicated, Except as provided for in paragraph (2) of this subsection, a law enforcement officer may shall arrest by issuance of a citation, summons, or accusation a pursuant to Code Section 17-4-23, any person accused of violating any provision paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge of his or her failure to appear as required. Nothing in this subsection paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-3-23. Nothing in this paragraph shall be construed to restrict the discretion of the prosecuting attorney to use a uniform traffic citation as the formal charging document. (2) If the arresting officer provided for in paragraph (1) of this subsection has probable cause to believe that a person accused of violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 is intoxicated to the extent that he or she poses a danger to himself or herself or to the person or property of another, the arresting officer may effect a custodial arrest of such person in addition to the issuance of a citation, summons, or accusation. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. THURSDAY, APRIL 2, 2015 4063 In all such cases provided for under this subsection, the provisions of Code Section 17-6-1 shall apply. Nothing in this paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-3-23. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under paragraph (1) of subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11." SECTION 1A. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding a new Code section to read as follows: "16-11-40.1. (a) As used in this Code section, the term: (1) 'Minor' means an individual who is under the age of 18 years. (2) 'Nudity' shall have the same meaning as set forth in Code Section 16-11-90. (3) 'Obscene depiction' means a visual depiction of an individual displaying nudity or sexually explicit conduct. (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction. (c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. (d) A person shall be subject to prosecution in this state pursuant to Code Section 17-21 for any conduct made unlawful by this Code section in which such person engages while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or 4064 JOURNAL OF THE SENATE (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state. (e) The provisions of subsection (b) of this Code section shall not apply to: (1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or (2) An image and identification made pursuant to or in anticipation of a civil action. (f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title." SECTION 2. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, is amended by revising subsection (a) of Code Section 17-4-23, relating to procedure for arrests by citation for motor vehicle violations, issuance of warrants for arrest for failure of persons charged to appear in court, and bond, as follows: "(a) A law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles or violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 by the issuance of a citation, provided that the offense is committed in his presence or information constituting a basis for arrest concerning the operation of a motor vehicle or a violation of paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 was received by the arresting officer from a law enforcement officer observing the offense being committed, except that, where the offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. The arresting officer shall issue to such person a citation which shall enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. Whenever an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 27th moved that the Senate agree to the House substitute to SB 160. On the motion, a roll call was taken and the vote was as follows: THURSDAY, APRIL 2, 2015 4065 Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L James Jeffares Y Jones, B Y Jones, E Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 160. The following messages were received from the House through Mr. Reilly, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 99. By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. 4066 JOURNAL OF THE SENATE Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 197. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 1714-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 128. By Senators Kennedy of the 18th, Bethel of the 54th, Hill of the 32nd, Jones II of the 22nd and Parent of the 42nd: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 14 of the O.C.G.A., relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, APRIL 2, 2015 4067 The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 126. By Senators 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 Official Code of Georgia Annotated, relating to pharmacists and pharmacies; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. 4068 JOURNAL OF THE SENATE 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 authorize certain health care practitioners to prescribe auto-injectable epinephrine to an authorized entity for emergency purposes; to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to health generally, so as to provide for authorized entities to acquire and stock a supply of autoinjectable epinephrine; to authorize certain individuals to administer auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, as follows: "26-4-116.1. (a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant. (b) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) of this Code section A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 31-114. (c) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) or (b) of this Code section." SECTION 2. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to health generally, is amended by adding a new Code section to read as follows: THURSDAY, APRIL 2, 2015 4069 "31-1-14. (a) As used in this Code section, the term: (1) 'Authorized entity' means any entity or organization, other than a school subject to Code Section 20-2-776.2, in connection with or at which allergens capable of causing anaphylaxis may be present, as identified by the department. The department shall, through rule or other guidance, identify the types of entities and organizations that are considered authorized entities no later than January 1, 2016, and shall review and update such rule or guidance at least annually thereafter. For purposes of illustration only, such entities may include, but are not limited to, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas. (2) 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (3) 'Health care practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103. (b) An authorized entity may acquire and stock a supply of auto-injectable epinephrine pursuant to a prescription issued in accordance with Code Section 26-4-116.1. Such auto-injectable epinephrine shall be stored in a location readily accessible in an emergency and in accordance with the auto-injectable epinephrine's instructions for use and any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who have completed the training required by subsection (d) of this Code section to be responsible for the storage, maintenance, control, and general oversight of auto-injectable epinephrine acquired by the authorized entity. (c) An employee or agent of an authorized entity, or any other individual, who has completed the training required by subsection (d) of this Code section may use autoinjectable epinephrine prescribed pursuant to Code Section 26-4-116.1 to: (1) Provide auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy; and (2) Administer auto-injectable epinephrine to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for auto-injectable epinephrine or has previously been diagnosed with an allergy. (d) An employee, agent, or other individual described in subsection (b) or (c) of this Code section shall complete an anaphylaxis training program and repeat such training at least every two years following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. Training may be conducted online or in person and, at a minimum, 4070 JOURNAL OF THE SENATE shall cover: (1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; (2) Standards and procedures for the storage and administration of auto-injectable epinephrine; and (3) Emergency follow-up procedures. (e) An authorized entity that possesses and makes available auto-injectable epinephrine and its employees, agents, and other individuals; a health care practitioner that prescribes or dispenses auto-injectable epinephrine to an authorized entity; a pharmacist or health care practitioner that dispenses auto-injectable epinephrine to an authorized entity; and an individual or entity that conducts the training described in subsection (d) of this Code section shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this Code section; provided, however, that this immunity does not apply to acts or omissions constituting willful or wanton misconduct. The administration of auto-injectable epinephrine in accordance with this Code section is not the practice of medicine or any other profession that otherwise requires licensure. This Code section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under Code Section 51-1-29. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of autoinjectable epinephrine outside of this state if the entity: (1) Would not have been liable for such injuries or related damages had the provision or administration occurred within this state; or (2) Is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred. (f) An authorized entity that possesses and makes available auto-injectable epinephrine shall submit to the department, on a form developed by the department, a report including each incident on the authorized entity's premises that involves the administration of auto-injectable epinephrine pursuant to subsection (c) of this Code section and any other information deemed relevant by the department. The department shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection. (g) The department shall establish requirements regarding the storage, maintenance, control, and oversight of the auto-injectable epinephrine, including but not limited to any temperature limitations and expiration of such auto-injectable epinephrine." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hufstetler of the 52nd moved that the Senate agree to the House substitute to SB 126. THURSDAY, APRIL 2, 2015 4071 On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Y Black Y Burke Y Butler Y Cowsert Y Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 126. The following bill was taken up to consider House action thereto: SB 65. By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd and others: A BILL To be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to verdict and judgment, the commercial code, and debtor and creditor relations, respectively, so as to change provisions in uniform Acts relating to debts and other obligations; to repeal the "Georgia Foreign Money Judgments 4072 JOURNAL OF THE SENATE Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to provide for definitions; to provide for applicability; to provide for standards for recognition of foreign-country judgments; to provide for jurisdiction; to provide for procedure; to provide for the effect of recognition of foreign-country judgments; to provide for a stay of proceedings pending an appeal; to provide for uniformity; to provide for situations not covered by the "Uniform Foreign-Country Money Judgments Recognition Act"; to update and modernize various statutes in the commercial code relating to commercial transactions in order to maintain uniformity in this state's statutes governing commercial transactions as recommended by the National Conference of Commissioners on Uniform State Laws; to revise, add, and move defined terms; to reorganize Article 1, relating to general provisions, of the "Uniform Commercial Code"; to make conforming amendments to other articles of the "Uniform Commercial Code" to provide for accurate cross-references to the revised "Uniform Commercial Code"; to amend Titles 7, 10, 40, and 52 of the Official Code of Georgia Annotated, relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft, respectively, so as to make conforming cross-references to the revised "Uniform Commercial Code"; to repeal Article 6 of the Uniform Commercial Code, relating to bulk transfers, and make a conforming cross-reference; to revise the "Uniform Fraudulent Transfers Act" and enact the "Uniform Voidable Transactions Act"; to reform terminology and revise and add definitions; to provide the allocation of the burden of proof and define the standard of proof with respect to claims and defenses; to provide for governing law; to provide for the application to a series organization; to provide for uniformity of application and construction; to amend Article 3 of Chapter 3 of Title 9 and Code Section 17-14-17 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers, respectively, so as to correct cross-references to the "Uniform Voidable Transactions Act"; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Uniform Enforcement of Foreign Judgments Law," so as to provide for applicability of certain provisions in Chapter 11 of Title 9, the "Georgia Civil Practice Act"; to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; to provide for a short title; to provide for legislative intent; 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: PART I SHORT TITLE SECTION 1-1. (a) This Act shall be known and may be cited as the "Debtor-Creditor Uniform Law Modernization Act of 2015." THURSDAY, APRIL 2, 2015 4073 (b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships. PART II "UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT" SECTION 2-1. Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgment, is amended by revising Article 5, relating to the "Georgia Foreign Money Judgments Recognition Act," as follows: "ARTICLE 5 9-12-110. This article shall be known and may be cited as the 'Uniform Foreign-Country Georgia Foreign Money Judgments Recognition Act.' 9-12-111. As used in this article, the term: (1) 'Foreign country' means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution. (1)(2) 'Foreign-country judgment' 'Foreign judgment' means any judgment of a foreign state granting or denying recovery of a sum of money other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters court of a foreign country. (2) 'Foreign state' means any governmental unit other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) The Trust Territory of the Pacific Islands. 9-12-112. (a) Except as otherwise provided in subsection (b) of this Code section, this This article applies to any foreign foreign-country judgment to the extent that such judgment: 4074 JOURNAL OF THE SENATE (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. (b) This article shall not apply to a foreign-country judgment, even if such judgment grants or denies recovery of a sum of money, to the extent that such judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations. (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment. 9-12-113. (a) Except as otherwise provided in Code Sections 9-12-114 and 9-12-115, a foreign subsection (b) of this Code section, a court of this state shall recognize a foreigncountry judgment meeting the requirements of Code Section 9-12-112 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit. 9-12-114. (b) A court of this state shall not recognize a foreign-country judgment A foreign judgment shall not be recognized if: (1) The judgment was rendered under a judicial system which that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; or (3) The foreign court did not have jurisdiction over the subject matter;. (4) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him the defendant to defend; (5) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (6) The judgment or cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States; (7) The judgment conflicts with another final and conclusive judgment; (8) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled determined otherwise than by proceedings in that such foreign court; (9) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or (10) The party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on THURSDAY, APRIL 2, 2015 4075 substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state. The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to such judgment; or (11) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law. (c) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) of this Code section exists. 9-12-115. 9-12-114. (a) A foreign foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign state country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him the defendant; (3) Prior to the commencement of the proceedings, the defendant had agreed expressly in writing to submit to the jurisdiction of the foreign court, with respect to the subject matter involved in such proceedings, in an action by the party seeking to enforce the judgment; (4) The defendant was domiciled in the foreign state country when the proceedings were instituted or, being a body corporate, then was a corporation or other form of business organization that had its principal place of business in or was incorporated in organized under the laws of the foreign state country; (5) The defendant had a business office in the foreign state country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; provided, however, that a business office in the foreign state which it maintained for the transaction of business by a subsidiary corporation of the defendant but which is not held out as a business office of the defendant shall not be deemed to be a business office of the defendant country; or (6) The defendant operated a motor vehicle or airplane in the foreign state country and the proceedings involved a cause of action arising out of such operation. (b) The courts of this state may recognize other bases of personal jurisdiction; provided, however, that if the proceedings in the foreign court involved a cause of action arising out of business activities in the foreign state, the judgment shall not be recognized unless there is a basis for personal jurisdiction as specified other than those listed in subsection (a) of this Code section. 9-12-115. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of such 4076 JOURNAL OF THE SENATE foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or third-party claim. (c) Chapter 11 of this title shall apply to any claim, counterclaim, cross-claim, or thirdparty claim for recognition of a foreign-country judgment. 9-12-116. If the court in a proceeding under Code Section 9-12-115 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreigncountry judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and (2) Enforceable in the same manner and to the same extent as a judgment rendered in this state. 9-12-116. 9-12-117. If the defendant satisfies the court either a party establishes that an appeal from a foreign-country judgment is pending or that he is entitled and intends to appeal from the foreign judgment will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal and has failed to do so. 9-12-118. In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the 'Uniform Foreign-Country Money Judgments Recognition Act.' 9-12-117. 9-12-119. This article does not prevent the recognition under principles of comity or otherwise of a foreign foreign-country judgment in situations not covered by not within the scope of this article." PART IIIA NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS RECOMMENDED CHANGES TO THE COMMERCIAL CODE SECTION 3A-1. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended by revising Article 1, relating to general provisions, as follows: THURSDAY, APRIL 2, 2015 4077 "ARTICLE 1 GENERAL PROVISIONS Part 1 Short Title, Construction, Application, and Subject Matter of Title General Provisions 11-1-101. Short title titles. (a) This Title 11 shall be known as and may be cited as the 'Uniform Commercial Code.' (b) This article shall be known as and may be cited as the 'Uniform Commercial Code General Provisions.' 11-1-102. Scope of article. This article shall apply to a transaction to the extent that it is governed by another article of this title. 11-1-102. 11-1-103. Rules of construction to promote purposes and policies; applicability of supplemental principles of law. Purposes; rules of construction; variation by agreement. (1)(a) This title shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of this title which are: (a)(1) To simplify, clarify, and modernize the law governing commercial transactions; (b)(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (c)(3) To make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause shall supplement its provisions. (3) The effect of provisions of this title may be varied by agreement, except as otherwise provided in this title and except that the obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. (4) The presence in certain provisions of this title of the words 'unless otherwise agreed' or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection (3) of this Code section. (5) In this title unless the context otherwise requires: (a) Words in the singular number include the plural, and in the plural include the singular; (b) Words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender. 4078 JOURNAL OF THE SENATE 11-1-103. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. 11-1-104. Construction against implicit repeal. This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. 11-1-105. Severability. Territorial application of the title; parties' power to choose applicable law. If any provision or clause of this title or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable. (1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-110. Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens. Code Sections 11-9-301 through 11-9-307. Governing law in the article on funds transfers (Article 4A of this title). Code Section 11-4A-507. 11-1-106. Use of singular and plural; gender. Remedies to be liberally administered. In this title unless the statutory context otherwise requires: (1) Words in the singular number include the plural, and words in the plural include THURSDAY, APRIL 2, 2015 4079 the singular; and The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in this title or by other rule of law. (2) Words of any gender also refer to any other gender. Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect. 11-1-107. Section captions. Waiver or renunciation of claim or right after breach. Section captions are parts of this title. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. 11-1-108. Relation to electronic signatures in Global and National Commerce Act. Severability. If any provision or clause of this title or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). 11-1-109. Section captions. Section captions are parts of this title. Part 2 General Definitions and Principles of Interpretation 11-1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this Code section, or in the additional definitions contained in other articles of this title that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to additional definitions contained in the subsequent other articles of this title which that are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this title: (1) 'Action' in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity, and any other proceedings in which rights are determined. (2) 'Aggrieved party' means a party entitled to resort to pursue a remedy. (3) 'Agreement,' as distinguished from 'contract,' 'Agreement' means the bargain of the parties in fact as found in their language or by implication inferred from other 4080 JOURNAL OF THE SENATE circumstances including course of performance, course of dealing, or usage of trade or course of performance as provided in this title (Code Sections 11-1-205 and 11-2208). Whether an agreement has legal consequences is determined by the provisions of this title, if applicable; otherwise by the law of contracts (Code Section 11-1-103) Code Section 11-1-303. (4) 'Bank' means any a person engaged in the business of banking. Wherever the word 'branch' is used in this title, with reference to a bank, it shall mean 'branch office' as that term is defined in Code Section 7-1-600 and includes a savings bank, savings and loan association, credit union, or trust company. (5) 'Bearer' means a person in control of a negotiable electronic instrument, document of title, or a person in possession of an instrument, a negotiable tangible document of title, or a certificated security payable to bearer or indorsed in blank. (6) 'Bill of lading' means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt. (7) 'Branch' includes a separately incorporated foreign branch of a bank. (8) 'Burden of establishing' a fact means the burden of persuading the triers trier of fact that the existence of the fact is more probable than its nonexistence. (9) 'Buyer in ordinary course of business' means a person that buys goods in good faith without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in the ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 of this title may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business. (10) 'Conspicuous,' with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is 'conspicuous' or not is a decision for the court. Conspicuous terms include the following: (A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. THURSDAY, APRIL 2, 2015 4081 (11) 'Consumer' means an individual who enters into a transaction primarily for personal, family, or household purposes. (11)(12) 'Contract,' as distinguished from 'agreement,' means the total legal obligation which that results from the parties' agreement as affected determined by this title and any other applicable rules of law. (12)(13) 'Creditor' includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. (13)(14) 'Defendant' includes a person in the position of defendant in a cross-action or counterclaim, cross-claim, or third-party claim. (14)(15) 'Delivery' with respect to an electronic instrument, document of title, or chattel paper means voluntary transfer of control and with respect to instruments, tangible documents of title, chattel paper, or certificated securities means voluntary transfer of possession. (15)(16) 'Document of title' means a record (a) that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and (b) that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and or order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium and any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. (16)(17) 'Fault' means a default, breach, or wrongful act, or omission, or breach. (17)(18) 'Fungible goods' with respect to goods or securities means goods or securities: (A) Goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit.; or (B) Goods which are not fungible shall be deemed fungible for the purposes of this title to the extent that under a particular by agreement or document unlike units are treated as equivalents equivalent. (18)(19) 'Genuine' means free of forgery or counterfeiting. (19)(20) 'Good faith,' except as otherwise provided in Article 5 of this title, means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. 4082 JOURNAL OF THE SENATE (20)(21) 'Holder' means: (a)(A) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or (b)(B) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (c) The person in control of a negotiable electronic document of title. (21) To 'honor' is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit. (22) 'Insolvency proceedings' proceeding' includes any assignment for the benefit of creditors or other proceedings proceeding intended to liquidate or rehabilitate the estate of the person involved. (23) 'Insolvent' means: (A) Having generally A person is 'insolvent' who either has ceased to pay his debts in the ordinary course of business other than as a result of bona fide dispute; or cannot pay his (B) Being unable to pay debts as they become due; or is insolvent (C) Being insolvent within the meaning of the federal bankruptcy law. (24) 'Money' means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations countries. (25) Subject to subsection (27) of this Code section, a person has 'notice' of a fact if the person: (a) Has actual knowledge of it; (b) Has received a notice or notification of it; or (c) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. A person 'knows' or has 'knowledge' of a fact when the person has actual knowledge of it. 'Discover' or 'learn' or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this title. (26) A person 'notifies' or 'gives' a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. Subject to subsection (27) of this Code section, a person 'receives' a notice or notification when: (a) It comes to that person's attention; or (b) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (27) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event, from the time when it would have been brought to the individual's attention if the organization had exercised THURSDAY, APRIL 2, 2015 4083 due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (28)(25) 'Organization' includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity means a person other than an individual. (29)(26) 'Party,' as distinct from 'third party,' means a person who has engaged in a transaction or made an agreement within subject to this title. (30)(27) 'Person' includes means an individual, or an organization (see Code Section 11-1-102) corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (28) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into. (31) 'Presumption' or 'presumed' means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (31.1) 'Public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; and (B) At which those attending shall be given the opportunity to bid on a competitive basis; and (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in this title for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold. The provisions of this paragraph shall not be in derogation of any additional requirements relating to notice of and conduct of any such public sale as may be contained in other provisions of this title but shall be supplementary thereto. (32)(29) 'Purchase' includes means taking by sale, discount, negotiation, mortgage, 4084 JOURNAL OF THE SENATE pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (33)(30) 'Purchaser' means a person who takes by purchase. (31) '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. (34)(32) 'Remedy' means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (35)(33) 'Representative' means a person empowered to act for another, including includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another. (36)(34) 'Rights' includes remedies. (37)(35) 'Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The term also includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9 of this title. The term does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Code Section 11-2-401, is not a 'security interest,' but a buyer may also acquire a 'security interest' by complying with Article 9 of this title. Except as otherwise provided in Code Section 11-2-505, the right of a seller or lessor of goods under Article 2 or 2A of this title to retain or acquire possession of the goods is not a 'security interest,' but a seller or lessor may also acquire a 'security interest' by complying with Article 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (under Code Section 11-2-401) is limited in effect to a reservation of a 'security interest.' Whether a transaction creates in the form of a lease or creates a 'security interest' is shall be determined pursuant to Code Section 11-1-203. by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and (a) The original term of the lease is equal to or greater than the remaining economic life of the goods, (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods, (c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into, THURSDAY, APRIL 2, 2015 4085 (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) The lessee has an option to renew the lease or to become the owner of the goods, (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised; (y) 'Reasonably predictable' and 'remaining economic life of the goods' are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and (z) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. (38)(36) 'Send' in connection with a writing, record, or notice means: (a)(A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (b)(B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent. (39)(37) 'Signed' includes using any symbol executed or adopted by a party with present intention to authenticate adopt or accept a writing. (38) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (40)(39) 'Surety' includes a guarantor or other secondary obligor. (41) 'Telegram' includes a message transmitted by radio, teletype, cable, any 4086 JOURNAL OF THE SENATE mechanical method of transmission, or the like. (42)(40) 'Term' means that portion of an agreement which that relates to a particular matter. (43)(41) 'Unauthorized' signature' means one a signature made without actual, implied, or apparent authority. The term and includes a forgery. (44) 'Value': Except as otherwise provided with respect to negotiable instruments and bank collections (Code Sections 11-3-303, 11-4-208, and 11-4-209) a person gives 'value' for rights if he acquires them: (a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a chargeback is provided for in the event of difficulties in collection; or (b) As security for or in total or partial satisfaction of a preexisting claim; or (c) By accepting delivery pursuant to a preexisting contract for purchase; or (d) Generally, in return for any consideration sufficient to support a simple contract. (45)(42) 'Warehouse receipt' means a document of title receipt issued by a person engaged in the business of storing goods for hire. (46)(43) 'Written' or 'writing' includes printing, typewriting, or any other intentional reduction to tangible form. 11-1-202. Notice; knowledge. Prima-facie evidence by third party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. (a) Subject to subsection (f) of this Code section, a person has 'notice' of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (b) 'Knows' or 'knowledge' means actual knowledge. (c) 'Discover,' 'learn,' or words of similar import refer to knowledge rather than to reason to know. (d) A person 'notifies' or 'gives' a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it. (e) Subject to subsection (f) of this Code section, a person 'receives' a notice or notification when: (1) It comes to that person's attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. THURSDAY, APRIL 2, 2015 4087 (f) Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. 11-1-203. Lease distinguished from security interest. Obligation of good faith. Every contract or duty within this title imposes an obligation of good faith in its performance or enforcement. (a) Whether a transaction in the form of a lease creates a security interest is determined by the facts of each case. (b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay to the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee, and: (1) The original term of the lease is equal to or greater than the remaining economic life of the goods; (2) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or (4) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. (c) A transaction in the form of a lease does not create a security interest merely because: (1) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into; (2) The lessee assumes risk of loss of the goods; (3) The lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or maintenance costs; (4) The lessee has an option to renew the lease or to become the owner of the goods; (5) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or 4088 JOURNAL OF THE SENATE (6) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. (d) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if: (1) When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or (2) When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed. (e) The 'remaining economic life of the goods' and 'reasonably predictable' fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into. 11-1-204. Value. Except as otherwise provided in Articles 3, 4, 5, and 6 of this title, a person gives value for rights if the person acquires them: (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a chargeback is provided for in the event of difficulties in collection; (2) As security for, or in total or partial satisfaction of, a preexisting claim; (3) By accepting delivery under a preexisting contract for purchase; or (4) In return for any consideration sufficient to support a simple contract. 11-1-204. 11-1-205. Reasonable time; seasonableness. Time; reasonable time; 'seasonably.' (1) Whenever this title requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement. (2) What is a reasonable (a) Whether a time for taking any action required by this title is reasonable depends on the nature, purpose, and circumstances of such action. (3)(b) An action is taken 'seasonably' when if it is taken at or within the time agreed, or if no time is agreed, at or within a reasonable time. 11-1-205. Course of dealing and usage of trade. (1) A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (2) A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be THURSDAY, APRIL 2, 2015 4089 observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court. (3) A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement. (4) The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade. (5) An applicable usage of trade in the place where any part of performance is to occur shall be used in interpreting the agreement as to that part of the performance. (6) Evidence of a relevant usage of trade offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise to the latter. 11-1-206. Presumptions. Statute of frauds for kinds of personal property not otherwise covered. Whenever this title creates a 'presumption' with respect to a fact, or provides that a fact is 'presumed,' the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence. (1) Except in the cases described in subsection (2) of this Code section a contract for the sale of personal property is not enforceable by way of action or defense beyond $5,000.00 in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent. (2) Subsection (1) of this Code section does not apply to contracts for the sale of goods (Code Section 11-2-201) nor of securities (Code Section 11-8-113) nor to security agreements (Code Section 11-9-203). 11-1-207. Performance or acceptance under reservation of rights. (1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest' or the like are sufficient. (2) Subsection (1) of this Code section does not apply to an accord and satisfaction. 11-1-208. Option to accelerate at will. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral 'at will' or 'when he deems himself insecure' or in words of similar import shall be construed to mean that he shall have power to do so only if he in good faith believes that the prospect of payment or 4090 JOURNAL OF THE SENATE performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised. 11-1-209. Subordinated obligations. An obligation may be issued as subordinated to payment of another obligation of the person obligated, or a creditor may subordinate his right to payment of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor. This Code section shall be construed as declaring the law as it existed prior to the enactment of this Code section and not as modifying it. Part 3 Territorial Applicability and General Rules 11-1-301. Territorial applicability; parties' power to choose applicable law. (a) Except as otherwise provided in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. (b) In the absence of an agreement under subsection (a) of this Code section, and except as provided in subsection (c) of this Code section, this title applies to transactions bearing an appropriate relation to this state. (c) If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified: (1) Code Section 11-2-402; (2) Code Sections 11-2A-105 and 11-2A-106; (3) Code Section 11-4-102; (4) Code Section 11-4A-507; (5) Code Section 11-5-116; (6) Code Section 11-6-103; (7) Code Section 11-8-110; or (8) Code Sections 11-9-301 through 11-9-307. 11-1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) of this Code section or elsewhere in this title, the effect of provisions of this title may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. THURSDAY, APRIL 2, 2015 4091 (c) The presence in certain provisions of this title of the phrase 'unless otherwise agreed' or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this Code section. 11-1-303. Course of performance, course of dealing, and usage of trade. (a) A 'course of performance' is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection. (b) A 'course of dealing' is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (c) A 'usage of trade' is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. (d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance. (e) Except as otherwise provided in subsection (f) of this Code section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) Express terms prevail over course of performance, course of dealing, and usage of trade; (2) Course of performance prevails over course of dealing and usage of trade; and (3) Course of dealing prevails over usage of trade. (f) Subject to Code Section 11-2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. (g) Evidence of a relevant usage of trade offered by one party shall not be admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. 11-1-304. Obligation of good faith. Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement. 4092 JOURNAL OF THE SENATE 11-1-305. Remedies to be liberally administered. (a) The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law. (b) Any right or obligation declared by this title shall be enforceable by action unless the provision declaring it specifies a different and limited effect. 11-1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record. 11-1-307. Prima-facie evidence by third party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. 11-1-308. Performance or acceptance under reservation of rights. (a) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest,' or the like are sufficient. (b) Subsection (a) of this Code section shall not apply to an accord and satisfaction. 11-1-309. Option to accelerate at will. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral 'at will' or when the party 'deems itself insecure' or words of similar import shall be construed to mean that the party shall have power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised. 11-1-310. Subordinated obligations. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor." THURSDAY, APRIL 2, 2015 4093 PART IIIB CONFORMING CROSS-REFERENCES IN THE UCC TO PART IIIA SECTION 3B-1. Said title is further amended by revising subsection (1) of Code Section 11-2-103, relating to definitions and index of definitions, as follows: "(1) In this article unless the context otherwise requires: (a) 'Buyer' means a person who buys or contracts to buy goods. (b) Reserved. 'Good faith' in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) 'Receipt' of goods means taking physical possession of them. (d) 'Seller' means a person who sells or contracts to sell goods." SECTION 3B-2. Said title is further amended by revising Code Section 11-2-202, relating to final written expression and parol or extrinsic evidence, as follows: "11-2-202. Final written expression; parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented: (a) By course of dealing or usage of trade (Code Section 11-1-205) or by course of performance, course of dealing, or usage of trade (Code Section 11-2-208 11-1-303); and (b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement." SECTION 3B-3. Said title is further amended by revising Code Section 11-2-208, relating to course of performance or practical construction, as follows: "11-2-208. Course of performance or practical construction. Reserved. (1) Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement. (2) The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course 4094 JOURNAL OF THE SENATE of dealing and usage of trade (Code Section 11-1-205). (3) Subject to the provisions of Code Section 11-2-209 on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance." SECTION 3B-4. Said title is further amended by revising subsection (3) of Code Section 11-2A-103, relating to definitions and index of definitions, as follows: "(3) The following definitions in other articles of this title apply to this article: 'Account.' Code Section 11-9-102(a). 'Between merchants.' Code Section 11-2-104(3). 'Buyer.' Code Section 11-2-103(1)(a). 'Chattel paper.' Code Section 11-9-102(a). 'Consumer goods.' Code Section 11-9-102(a). 'Document.' Code Section 11-9-102(a). 'Entrusting.' Code Section 11-2-403(3). 'General intangible.' Code Section 11-9-102(a). 'Good faith.' Code Section 11-2-103(1)(b). 'Instrument.' Code Section 11-9-102(a). 'Merchant.' Code Section 11-2-104(1). 'Mortgage.' Code Section 11-9-102(a). 'Pursuant to commitment.' Code Section 11-9-102(a). 'Receipt.' Code Section 11-2-103(1)(c). 'Sale.' Code Section 11-2-106(1). 'Sale on approval.' Code Section 11-2-326. 'Sale or return.' Code Section 11-2-326. 'Seller.' Code Section 11-2-103(1)(d)." SECTION 3B-5. Said title is further amended by revising Code Section 11-2A-207, relating to course of performance or practical construction, as follows: "11-2A-207. Course of performance or practical construction. Reserved. (1) If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement. (2) The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade. (3) Subject to the provisions of Code Section 11-2A-208 on modification and waiver, THURSDAY, APRIL 2, 2015 4095 course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance." SECTION 3B-6. Said title is further amended by revising subsection (4) of Code Section 11-2A-501, relating to default and procedure, as follows: "(4) Except as otherwise provided in Code Section 11-1-106(1) 11-1-305(a) or this article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative." SECTION 3B-7. Said title is further amended by revising subsection (2) of Code Section 11-2A-518, relating to cover and substitute goods, as follows: "(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor's default." SECTION 3B-8. Said title is further amended by revising subsection (1) of Code Section 11-2A-519, relating to lessee's damages for non-delivery, repudiation, default, and breach of warranty in regard to accepted goods, as follows: "(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Code Section 11-2A-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default." 4096 JOURNAL OF THE SENATE SECTION 3B-9. Said title is further amended by revising subsection (2) of Code Section 11-2A-527, relating to lessor's rights to dispose of goods, as follows: "(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default." SECTION 3B-10. Said title is further amended by revising subsection (1) of Code Section 11-2A-528, relating to lessor's damages for nonacceptance, failure to pay, repudiation, or other default, as follows: "(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Code Section 112A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Code Section 11-2A-523(1) or 11-2A523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under Code Section 11-2A530, less expenses saved in consequence of the lessee's default." SECTION 3B-11. Said title is further amended by revising paragraphs (4) and (10) of subsection (a) of Code Section 11-3-103, relating to definitions, as follows: "(4) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing." THURSDAY, APRIL 2, 2015 4097 "(10) 'Prove' with respect to a fact means to meet the burden of establishing the fact as 'burden of establishing' is defined in subsection (8) of within the meaning of Code Section 11-1-201(b)(8)." SECTION 3B-12. Said title is further amended by revising subsection (c) of Code Section 11-4-104, relating to definitions and index of definitions, as follows: "(c) 'Control' as provided in Code Section 11-7-106 and the following definitions in other articles of this title apply to this article: 'Acceptance.' Code Section 11-3-409. 'Alteration.' Code Section 11-3-407. 'Cashier's check.' Code Section 11-3-104. 'Certificate of deposit.' Code Section 11-3-104. 'Certified check.' Code Section 11-3-409. 'Check.' Code Section 11-3-104. 'Good faith.' Code Section 11-3-103. 'Holder in due course.' Code Section 11-3-302. 'Instrument.' Code Section 11-3-104. 'Notice of dishonor.' Code Section 11-3-503. 'Order.' Code Section 11-3-103. 'Ordinary care.' Code Section 11-3-103. 'Person entitled to enforce.' Code Section 11-3-301. 'Presentment.' Code Section 11-3-501. 'Promise.' Code Section 11-3-103. 'Prove.' Code Section 11-3-103. 'Teller's check.' Code Section 11-3-104. 'Unauthorized signature.' Code Section 11-3-403." SECTION 3B-13. Said title is further amended by revising paragraphs (6) and (7) of subsection (a) of Code Section 11-4A-105, relating to other definitions, as follows: "(6) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (7) 'Prove' with respect to a fact means to meet the burden of establishing the fact (Code Section 11-1-201(b)(8))." SECTION 3B-14. Said title is further amended by revising subsection (a) of Code Section 11-4A-106, relating to time payment order is received, as follows: "(a) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in Code Section 11-1-201(27) 11-1-202. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and 4098 JOURNAL OF THE SENATE communications canceling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next fundstransfer business day." SECTION 3B-15. Said title is further amended by revising subsection (b) of Code Section 11-4A-204, relating to refund of payment and duty of customer to report with respect to unauthorized payment order, as follows: "(b) Reasonable time under subsection (a) of this Code section may be fixed by agreement as stated in subsection (b) of Code Section 11-1-204(1) 11-1-302, but the obligation of a receiving bank to refund payment as stated in subsection (a) of this Code section may not otherwise be varied by agreement." SECTION 3B-16. Said title is further amended by revising subsection (c) of Code Section 11-5-103, relating to scope, as follows: "(c) With the exception of subsections (a), (b), and (d) of this Code section, paragraphs (9) and (10) of subsection (a) of Code Section 11-5-102, subsection (d) of Code Section 11-5-106, and subsection (d) of Code Section 11-5-114 and except to the extent prohibited in subsection (3) of Code Section 11-1-102 11-1-302 and subsection (d) of Code Section 11-5-117, the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article." SECTION 3B-17. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 11-8-102, relating to definitions, as follows: "(10) Reserved. 'Good faith,' for purposes of the obligation of good faith in the performance or enforcement of contracts or duties within this article, means honesty in fact and the observance of reasonable commercial standards of fair dealing." SECTION 3B-18. Said title is further amended by revising paragraph (44) of subsection (a) of Code Section 11-9-102, relating to definitions and index of definitions, as follows: "(44) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing." THURSDAY, APRIL 2, 2015 4099 SECTION 3B-19. Said title is further amended by revising Code Section 11-11-101, relating to effective date and definition, as follows: "11-11-101. Effective date; definitions. (1) This Act shall become effective at 12:01 A.M. on July 1, 1978. (2) As used in this article: (a) 'Old Article 9 of this title' means Code Sections 11-1-105, 11-1-201(9), 11-1201(37), 11-2-107, 11-5-116, and Article 9 of this title, as they are in effect on June 30, 1978, immediately prior to the effective date of this Act. (b) 'Revised Article 9 of this title' means Code Sections 11-1-105, 11-1-201(9), 11-1201(37), 11-1-209, 11-2-107, 11-5-116, and Article 9 of this title as said provisions are enacted pursuant to this Act." PART IIIC CONFORMING CROSS-REFERENCES IN THE CODE TO PART IIIA SECTION 3C-1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising paragraph (29) of Code Section 7-1-4, relating to definitions, as follows: "(29) 'Public sale' means a sale as defined in paragraph (31.1) of Code Section 11-1201: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold." SECTION 3C-2. Said title is further amended by revising paragraph (23) of Code Section 7-1-680, relating to definitions, as follows: "(23) 'Signed' shall have the same meaning as provided in paragraph (39) of Code Section 11-1-201." SECTION 3C-3. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising paragraph (8) of Code Section 10-1-622, relating to definitions, as 4100 JOURNAL OF THE SENATE follows: "(8) 'Good faith' means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1203 11-1-201." SECTION 3C-4. Said title is further amended by revising subsection (b) of Code Section 10-12-3, relating to the applicability to electronic records and signatures relating to a transaction, as follows: "(b) This chapter shall not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) Title 11 other than Code Sections 11-1-107 and 11-1-206 Code Section 11-1-306, Article 2, and Article 2A; or (3) The Uniform Computer Information Transactions Act." SECTION 3C-5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (a) of Code Section 40-11-6, relating to sale of vehicle pursuant to foreclosure, as follows: "(a)(1) As used in this subsection, the term 'public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold. (2) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201." SECTION 3C-6. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by revising subsection (a) of Code Section 52-7-75, relating to public sale of vessel and disposition of excess proceeds, as follows: "(a)(1) As used in this subsection, the term 'public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; THURSDAY, APRIL 2, 2015 4101 (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold. (2) Upon order of the court, the person holding the lien on the abandoned vessel shall be authorized to sell such vessel at public sale, as defined by Code Section 11-1-201." PART IIID REPEAL OF ARTICLE 6 RELATING TO BULK TRANSFERS SECTION 3D-1. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended by repealing Article 6, relating to bulk transfers, and designating said article as reserved. SECTION 3D-2. Said title is further amended by revising Code Section 11-9-111, relating to applicability of bulk transfer laws, as follows: "11-9-111. Applicability of bulk transfer laws. The creation of a security interest is not a bulk transfer under Article 6 of this title (see Code Section 11-6-103)." PART IVA UNIFORM VOIDABLE TRANSACTIONS ACT SECTION 4A-1. Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, is amended by revising Article 4, relating to the "Uniform Fraudulent Transfers Act," as follows: "ARTICLE 4 18-2-70. This article, which was formerly known and cited as the 'Uniform Fraudulent Transfers Act,' shall be known and may be cited as the 'Uniform Fraudulent Transfers Voidable Transactions Act.' 18-2-71. As used in this article, the term: 4102 JOURNAL OF THE SENATE (1) 'Affiliate' means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. (2) 'Asset' means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. (3) 'Claim,' except for claim for relief, means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (4) 'Creditor' means a person who has a claim, regardless of when the person acquired the claim, together with any successors or assigns. (5) 'Debt' means liability on a claim. (6) 'Debtor' means a person who is liable on a claim. (7) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (7)(8) 'Insider' includes: (A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in division (ii) of this subparagraph; or (iv) A corporation of which the debtor is a director, officer, or person in control; (B) If the debtor is a corporation: (i) A director of the debtor; THURSDAY, APRIL 2, 2015 4103 (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in division (iv) of this subparagraph; or (vi) A relative of a general partner, director, officer, or person in control of the debtor; (C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in division (iii) of this subparagraph; or (v) A person in control of the debtor; (D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) A managing agent of the debtor. (8)(9) 'Lien' means a charge against or an interest in property to secure payment of a debt or performance of an obligation and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. (10) 'Organization' means a person other than an individual. (9)(11) 'Person' means an individual, partnership, public corporation, association, organization, government or governmental subdivision or agency or instrumentality, business trust or nonprofit entity, estate, trust, or any other legal or commercial entity. (10)(12) 'Property' means anything that may be the subject of ownership. (13) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11)(14) 'Relative' means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined and includes an individual in an adoptive relationship within the third degree. (15) 'Sign' means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (12)(16) 'Transfer' means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset and includes payment of money, release, lease, and creation of a lien or other encumbrance. (13)(17) 'Valid lien' means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. 4104 JOURNAL OF THE SENATE 18-2-72. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than all of the sum of the debtor's assets, at a fair valuation. (b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence. (c) A partnership is insolvent under subsection (a) of this Code section if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts. (d)(c) Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article. (e)(d) Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. 18-2-73. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. (b) For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. 18-2-74. (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that he or she THURSDAY, APRIL 2, 2015 4105 would incur, debts beyond his or her ability to pay as they became due. (b) In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. (c) If a creditor is a successor or assignee, a right of action under subsection (a) of this Code section is automatically assigned to such successor or assignee. (d) A creditor making a claim for relief under subsection (a) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. 18-2-75. (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is fraudulent voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. (c) If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee. (d) Subject to subsection (b) of Code Section 18-2-72, a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence. 4106 JOURNAL OF THE SENATE 18-2-76. For the purposes of this article: (1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee; (2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; and (5) An obligation is incurred: (A) If oral, when it becomes effective between the parties; or (B) If evidenced by a writing record, when the writing executed record signed by the obligor is delivered to or for the benefit of the obligee. 18-2-77. (a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require. (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. THURSDAY, APRIL 2, 2015 4107 18-2-78. (a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77, the following rules apply: (1) Except as otherwise provided in this Code section, to the extent a transfer is voidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (1)(A) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a (B) An immediate or mediate transferee of the first transferee, other than: (i) A good faith transferee or obligee who took for value; or from any subsequent transferee or obligee (ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph. (2) Recovery pursuant to paragraph (1) of subsection (a) or subsection (b) of Code Section 18-2-77 of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1) of this subsection. (c) If the judgment under subsection (b) of this Code section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under paragraph (2) of subsection (a) of Code Section 182-74 or Code Section 18-2-75 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures. (f) A transfer is not voidable under subsection (b) of Code Section 18-2-75: (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and 4108 JOURNAL OF THE SENATE the insider; or (3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured the present value given for that purpose as well as an antecedent debt of the debtor. (g) The following rules determine the burden of proving matters referred to in this Code section: (1) A party that seeks to invoke subsection (a), (d), (e), or (f) of this Code section has the burden of proving the applicability of that subsection; (2) Except as otherwise provided in paragraphs (3) and (4) of this subsection, the creditor has the burden of proving each applicable element of subsection (b) or (c) of this Code section; (3) The transferee has the burden of proving the applicability to the transferee of subparagraph (b)(1)(B) of this Code section; and (4) A party that seeks adjustment under subsection (c) of this Code section has the burden of proving the adjustment. (h) The standard of proof required to establish matters referred to in this Code section is preponderance of the evidence. 18-2-79. A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: (1) Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75, within four years after the transfer was made or the obligation was incurred; or (3) Under subsection (b) of Code Section 18-2-75, within one year after the transfer was made or the obligation was incurred. 18-2-80. (a) In this Code section, the following rules determine a debtor's location: (1) A debtor who is an individual is located at the individual's principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (b) A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. THURSDAY, APRIL 2, 2015 4109 18-2-81. (a) As used in this Code section, the term: (1) 'Protected series' means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection. (2) 'Series organization' means an organization that, pursuant to the law under which it is organized, has the following characteristics: (A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; (B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or (C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. (b) A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization. 18-2-80. 18-2-82. (a) Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (b) The provisions of this article do not create a cause of action for a governmental entity or its agent or assignee with respect to a transaction which may otherwise constitute a fraudulent transfer or obligation under this article if the transaction complies with the applicable state and federal laws concerning transfers of property in the determination of eligibility for public benefits. 18-2-83. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the 'Uniform Voidable Transactions Act.' 18-2-84. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). 4110 JOURNAL OF THE SENATE 18-2-81. 18-2-85. (a) As used in this Code section, the term: (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 voidable only if it is established that a fraudulent voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the fraudulent voidable nature of the transfer. (c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made." PART IVB CONFORMING CROSS-REFERENCES TO THE UNIFORM VOIDABLE TRANSACTIONS ACT SECTION 4B-1. Article 3 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries, is amended by revising Code Section 9-3-35, relating to actions by creditors seeking relief under Uniform Fraudulent Transfers Act, as follows: "9-3-35. An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the 'Uniform Fraudulent Transfers Voidable Transactions Act,' shall be brought within the applicable period set out in Code Section 18-2-79." SECTION 4B-2. Code Section 17-14-17 of the Official Code of Georgia Annotated, relating to fraudulent transfers, is amended by revising subsection (a) as follows: "(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform Fraudulent Transfers Voidable Transactions Act,' to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to: (1) Conceal the crime or the fruits of the crime; (2) Hinder, delay, or defraud any victim; or (3) Avoid the payment of restitution." THURSDAY, APRIL 2, 2015 4111 PART V UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS LAW SECTION 5-1. Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Uniform Enforcement of Foreign Judgments Law," is amended by adding a new subsection to Code Section 9-12-133, relating to the affidavit concerning judgment creditor and debtor and notice to the judgment debtor of filing of judgment, as follows: "(c) The provisions of Code Section 9-11-4 shall not apply to this article." PART VI BANKRUPTCY EXEMPTION SECTION 6-1. Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for the purposes of bankruptcy and intestate insolvent estates, is amended by revising paragraph (6) of subsection (a) as follows: "(6) The debtor's aggregate interest, not to exceed $600.00 $1,200.00 in value plus any unused amount of the exemption, not to exceed $5,000.00 $10,000.00, provided under paragraph (1) of this subsection, in any property;" PART VII EFFECTIVE DATE; APPLICABILITY; AND REPEALER SECTION 7-1. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 2015. (b) Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign-country judgment is raised. (c) Parts 3A, 3B, and 3C of this Act shall become effective on January 1, 2016. (d) The amendments made by Parts 4A and 4B of this Act shall: (1) Apply to a transfer made or obligation incurred on or after July 1, 2015; (2) Not apply to a transfer made or obligation incurred before July 1, 2015; (3) Not apply to a right of action that has accrued before July 1, 2015; and (4) For purposes of this subsection, a transfer is made and an obligation is incurred at the time provided in Code Section 18-7-76. SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed. 4112 JOURNAL OF THE SENATE Senator Stone of the 23rd moved that the Senate agree to the House substitute to SB 65. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach N Bethel Y Black Y Burke Butler Y Cowsert N Crane Davenport Y Dugan Y Fort Y Ginn Y Gooch N Harbin 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 Y Jeffares Y Jones, B Y Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Unterman Y Watson Y Wilkinson N Williams, M Y Williams, T On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 65. The following bill was taken up to consider House action thereto: SB 99. By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on THURSDAY, APRIL 2, 2015 4113 appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, is amended by revising Code Section 17-8-57, relating to expression or intimation of opinion by judge as to matters proved or guilt of accused, as follows: "17-8-57. (a)(1) It is error for any judge, during any phase of in any criminal case, during its progress or in his charge to the jury, to express or intimate his to the jury the judge's opinion as to what whether a fact at issue has or has not been proved or as to the guilt of the accused. (2) Any party who alleges a violation of paragraph (1) of this subsection shall make a contemporaneous objection and inform the court of the specific objection and the grounds for such objection, outside of the jury's hearing and presence. After such objection has been made, and if it is sustained, it shall be the duty of the court to give a curative instruction to the jury or declare a mistrial, if appropriate. (b) Failure to make a contemporaneous objection to an alleged violation of paragraph (1) of subsection (a) of this Code section shall preclude appellate review, unless such violation constitutes plain error which affects substantive rights of the parties. Plain error may be considered on appeal even when a contemporaneous objection informing the court of the specific objection was not made, so long as such error affects substantive rights of the parties. (c) Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error and the decision in the case reversed, and a new trial granted in the court below with such directions as express an opinion as to the guilt of the accused, the Supreme Court or Court of Appeals may lawfully give or the trial court in a motion for a new trial shall grant a new trial." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Kennedy of the 18th moved that the Senate agree to the House substitute to SB 99. On the motion, a roll call was taken and the vote was as follows: 4114 JOURNAL OF THE SENATE Y Albers Y Beach Y Bethel Black Y Burke Y Butler N Cowsert Y Crane Y Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper N 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 Jones, E Y Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin Y McKoon Y Millar Y Miller Y Mullis Y Orrock Y Parent N Ramsey N Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 46, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 99. The following bill was taken up to consider House action thereto: SB 109. By Senators Orrock of the 36th and Unterman of the 45th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate THURSDAY, APRIL 2, 2015 4115 terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows: "31-1-14. (a) As used in this Code section, the term: (1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (2) 'Authorized person' shall have the same meaning as in Code Section 31-39-2. (3) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order regarding end of life care decisions, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (4) 'Health care facility' shall have the same meaning as in Code Section 31-32-2. (5) 'Health care provider' shall have the same meaning as in Code Section 31-32-2. (6) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a patient in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep the patient alive but cannot cure the patient and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a patient may direct the withholding or withdrawal of the provision of nourishment or hydration in a POLST form. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain. (7) 'Physician Orders for Life-Sustaining Treatment form' or 'POLST form' means a form executed pursuant to this Code section which provides directions regarding the patient's end of life care. (8) 'Provision of nourishment or hydration' means the provision of nutrition or fluids by tube or other medical means. (9) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the patient is not aware of himself or herself or his or her environment and in which the patient is showing no behavioral response to his or her environment. (10) 'Terminal condition' means an incurable or irreversible condition which would result in the patient's death in a relatively short period of time. (b) The department shall develop and make available a Physician Orders for LifeSustaining Treatment form. Such form shall provide directions regarding the patient's 4116 JOURNAL OF THE SENATE end of life care and may be voluntarily executed by either a patient who has decisionmaking capacity and an attending physician or, if the patient does not have decisionmaking capacity, by the patient's authorized person and an attending physician; provided, however, that this shall not prevent a health care facility from imposing additional administrative or procedural requirements regarding a patient's end of life care decisions. A POLST form may be executed when a patient has a serious illness or condition and the attending physician's reasoned judgment is that the patient will die within the next 365 days; provided, however, that a POLST form may be executed at any time if a person has been diagnosed with dementia or another progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. A POLST form, if signed by an authorized person, shall indicate the relationship of the authorized person to the patient pursuant to paragraph (3) of Code Section 31-39-2. (c)(1) A POLST form shall constitute a legally sufficient order that may be utilized by a health care provider or health care facility in accordance with its policies and procedures regarding end of life care. Such an order shall remain effective unless the order is revoked by the attending physician upon the consent of the patient or the patient's authorized person. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. Review of the POLST form is recommended at care transitions, and such review should be specified on the form. (2) A POLST form signed by the patient and attending physician and indicating 'allow natural death' or 'do not resuscitate' or the equivalent may be implemented without restriction. If the POLST form (i) is signed by the attending physician and an authorized person instead of the patient and (ii) indicates 'allow natural death' or 'do not resuscitate' or the equivalent, in compliance with subsection (c) of Code Section 31-39-4, the POLST form may be implemented or become effective when the patient is a candidate for nonresuscitation, and such consent shall be based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. (3) A POLST form addressing interventions other than resuscitation and signed by the patient and attending physician may be implemented without restriction. If the POLST form is signed by an authorized person who is the health care agent named by the patient in an advance directive for health care and the attending physician, in compliance with paragraph (1) of subsection (e) of Code Section 31-32-7, all treatment indications on the POLST form may be implemented. If the POLST form is signed by an authorized person who is not the health care agent named by the patient in an advance directive for health care, treatment indications on the POLST form may be implemented or become effective only when the patient is in a terminal condition or a state of permanent unconsciousness; provided, however, that a POLST form may become effective at any time if a person has been diagnosed with dementia or another THURSDAY, APRIL 2, 2015 4117 progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (4) A POLST form shall be portable with the patient across care settings and shall be valid in any health care facility in which the patient who is the subject of such form is being treated; provided, however, that this shall not prevent a health care facility from imposing additional requirements regarding a patient's end of life care decisions. A health care facility and a health care provider, in its discretion, may rely upon a POLST form as legally valid consent by the patient to the terms therein. (5) A copy of a POLST form shall be valid and have the same meaning and effect as the original document. (6) A physician orders for life-sustaining treatment form which was executed in another state, which is valid under the laws of such state and which is substantially similar to the Georgia POLST form, and contains signatures of (i) either the patient or an authorized person and (ii) the attending physician, shall be treated as a POLST form which complies with this Code section. (d)(1) Each health care provider, health care facility, and any other person who acts in good faith reliance on a POLST form shall be protected and released to the same extent as though such provider, facility, or other person had interacted directly with the patient as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of an authorized person and each such health care provider, health care facility, and any other person acting in good faith reliance on such POLST form: (A) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with a patient's end of life care decisions as provided in a POLST form, even if death or injury to the patient ensues; (B) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with a patient's end of life care decisions in a POLST form, so long as such health care provider, health care facility, or person promptly informs the patient or the patient's authorized person of such health care provider's, health care facility's, or person's refusal or failure to comply with such patient's end of life care decisions in a POLST form. The authorized person shall then be responsible for arranging the patient's transfer to another health care provider or health care facility. A health care provider, health care facility, or person who is unwilling to comply with a patient's end of life care decisions in a POLST form shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (C) If the actions of a health care provider, health care facility, or person who fails to comply with a patient's end of life care decisions in a POLST form are substantially in accord with reasonable medical standards at the time of reference; and such provider, facility, or person cooperates in the transfer of the patient, then the health care provider, health care facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with 4118 JOURNAL OF THE SENATE such patient's end of life care decisions in a POLST form; (D) No authorized person who, in good faith, acts with due care for the benefit of the patient and in accordance with a patient's end of life care decisions in a POLST form, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; and (E) If a POLST form is revoked, a person shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon a patient's end of life care decisions in a POLST form unless such person had actual knowledge of the revocation. (2) No person shall be civilly liable for failing or refusing in good faith to effectuate a patient's end of life care decisions in a POLST form regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (3) No physician or any person acting under a physician's direction and no health care facility or any agent or employee thereof who, acting in good faith in accordance with the requirements of this Code section, causes the withholding or withdrawal of lifesustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a patient or who otherwise participates in good faith therein shall be subject to any civil or criminal liability or guilty of unprofessional conduct therefor. (4) Any person who participates in the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration pursuant to a patient's end of life care decisions in a POLST form and who has actual knowledge that such POLST form has been properly revoked shall not have any civil or criminal immunity otherwise granted under this subsection for such conduct. (e) In the event there are any directions in a patient's previously executed living will, advance directive for health care, durable power of attorney for health care, do not resuscitate order, or other legally authorized instrument that conflict with the directions in a POLST form, the most recent instrument will take precedence to the extent of the conflict. (f) Nothing in this Code section shall be construed to authorize any act prohibited by Code Section 16-5-5. Any health care provider, health care facility, or any other person who violates Code Section 16-5-5 shall not be entitled to any civil immunity provided pursuant to this Code section." SECTION 2. Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, is amended by revising subsections (a) and (c) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, as follows: "(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending THURSDAY, APRIL 2, 2015 4119 physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'do not attempt resuscitation,' 'DNAR,' 'no code,' 'allow natural death,' 'AND,' 'order to allow natural death,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order." "(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. Where such authorized person is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title or where a Physician Orders for Life-Sustaining Treatment form with a code status of 'do not resuscitate' or its equivalent has been executed in accordance with Code Section 31-1-14 by an authorized person who is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 31-39-2." SECTION 3. Code Section 16-5-5 of the Official Code of Georgia Annotated, relating to assisted suicide and notification of licensing board regarding violations, is amended by revising paragraphs (3) and (4) of subsection (c) as follows: "(3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for LifeSustaining Treatment form pursuant to Code Section 31-1-14, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a 4120 JOURNAL OF THE SENATE durable power of attorney for health care, an advance directive for health care, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or" SECTION 4. Code Section 16-5-101 of the Official Code of Georgia Annotated, relating to neglect to a disabled adult, elder person, or resident, is amended by revising subsection (b) as follows: "(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, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith 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, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, 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 essential services or shelter to any person in the absence of another legal obligation to do so." SECTION 5. 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 subsections (k) and (l) as follows: "(k)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for relying in good faith on any direction or decision by a temporary medical consent guardian, even if death or injury to the medical consent ward ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any direction or decision by a temporary medical consent guardian shall be protected and released to the same extent as though such person had interacted directly with the medical consent ward as a fully competent person. (2) No temporary medical consent guardian who, in good faith, acts with due care for the benefit of the medical consent ward, or who fails to act, shall be subject to civil or criminal liability for such action or inaction. (3) Any person who acts in good faith in accordance with a Physician Order for Lifesustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10. (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 or his or her authorized person as defined in Code Section 31-39-2 and a physician which provides directions regarding end of life care." THURSDAY, APRIL 2, 2015 4121 SECTION 6. 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 109. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Beach Y Bethel Black Y Burke Y Butler Cowsert N Crane Y Davenport Y Dugan Y Fort Y Ginn Y Gooch Y Harbin 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 Jones, H Y Kennedy Y Kirk Y Ligon Y Lucas Y Martin N McKoon Y Millar Miller Y Mullis Y Orrock Y Parent Y Ramsey Y Rhett Y Seay Y Shafer Y Sims Y Stone Y Tate Y Thompson, B Y Thompson, C Y Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 109. Senator Thompson of the 14th moved to suspend Senate Rule 2-8.3(b) to take action on the Conference Committee Report on HB 202 prior to the 2 hour waiting period. On the motion, a roll call was taken, and the vote was as follows: N Albers Y Beach N Bethel Y Black Y Burke N Butler Y Cowsert Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims 4122 JOURNAL OF THE SENATE N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Jones, B N Jones, E N Jones, H Y Kennedy Y Kirk N Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis Y Stone N Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson N Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 33 nays 23 the motion lost, and the Senate did not suspend the Rule. Senator Thompson of the 14th again moved to suspend Senate Rule 2-8.3(b). On the motion, a roll call was taken, and the vote was as follows: N Albers Y Beach N Bethel Y Black Y Burke N Butler Y Cowsert N Crane N Davenport Y Dugan N Fort Y Ginn Y Gooch Y Harbin 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 N Jones, H Y Kennedy Y Kirk N Ligon N Lucas Y Martin N McKoon Y Millar Y Miller Y Mullis N Orrock N Parent N Ramsey N Rhett N Seay Y Shafer N Sims Y Stone N Tate Y Thompson, B Thompson, C N Tippins Y Tolleson Y Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 32 nays 22 the motion lost, and the Senate did not suspend the Rule. THURSDAY, APRIL 2, 2015 4123 The following bill was taken up to consider the Conference Committee Report thereto: HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 202 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 202 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Thompson of the 14th /s/ Senator Hill of the 32nd /s/ Senator Hill of the 4th /s/ Representative Powell of the 171st /s/ Representative Knight of the 130th /s/ Representative Battles of the 15th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 202 A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a license plate for automobile dealers headquartered in Georgia; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to modify the penalty for failure to file a return; to modify certain provisions relating to tax executions; to provide a definition; to change the timing of the sale of tax executions; to change certain provisions regarding the publication of ad valorem tax rates; to change certain provisions relating to interest on unpaid ad valorem taxes; to change certain provisions regarding penalties for certain incomplete or improper tax digests; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to change certain provisions relating to ascertainment of taxable property, assessments and penalties 4124 JOURNAL OF THE SENATE against unreturned property, and changing valuations established by appeal; to repeal certain provisions regarding unreturned property in counties having a population of 600,000 or more; to change certain provisions relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner; to change certain provisions relating to the annual notice of current assessment; to provide a cause of action for failure to provide requested information; to revise substantially certain provisions relating to county boards of equalization and ad valorem tax appeals; to provide for an appeal administrator and to specify powers, duties, and functions; to repeal and reenact certain provisions regarding arbitration appeals and court appeals of ad valorem taxes; to change certain provisions relating to examination of county tax digests by the state revenue commissioner and provide that certain assessments and penalties shall not apply during a specified period of time; to change certain provisions relating to the levy and collection of tax by municipalities for independent school systems; to change certain provisions relating to the issuance of mobile home location permits; to provide for increased criminal penalties for failure to attach and display certain mobile home decals; to change certain provisions relating to mobile home tax returns and decal application and issuance; to change certain provisions relating to the alternative ad valorem tax on motor vehicles; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for a sales tax exemption for certain private colleges on construction materials; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new paragraph to Code Section 40-1-1, relating to definitions regarding motor vehicles and traffic, to read as follows: "(26.1) 'Manufacturer headquarters' means the headquarters operation of: (A) A manufacturer as defined in paragraph (26) of this Code section; or (B) An affiliate of a person engaged in the manufacture of vehicles in this or any other state and which operation is conducted primarily at an established place of business in this state." SECTION 2. Said title is further amended by revising Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers or vehicles, as follows: "40-2-38. (a)(1) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register THURSDAY, APRIL 2, 2015 4125 with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire each year in accordance with subsection (f) of this Code section, to be known as a dealer's number and to be distinguished from the number plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from the dealer plate for a motor vehicle wholesaler. A dealer's number plate is for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle. (2) No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. For purposes of this paragraph, 'employee' means a person who works a minimum of 36 hours per week at the dealership. (3) The manufacturer's or distributor's license plate is limited to no longer than six months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealer's numbers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. (4)(A) Upon application and payment of the required fee, the commissioner shall issue to manufacturer headquarters or its affiliate number license plates with the words 'Manufacturer HQ' on such plates. The manufacturer headquarters license plates must be used exclusively on motor vehicles owned or in possession of a manufacturer headquarters or its affiliate. Such manufacturer headquarters plates are limited to no longer than 24 months' use per vehicle. 4126 JOURNAL OF THE SENATE (B) A manufacturer headquarters or its affiliate shall apply on a form prescribed by the commissioner and shall provide proof that the applicant: (i) Is a bona fide manufacturer headquarters; and (ii) Maintains a system of records regarding use of such license plates. The manufacturer headquarters shall state in each application the number of manufacturer headquarters license plates requested. (C) The manufacturer headquarters or its affiliate shall pay an application fee of $62.00 per application as provided in this Code section, and shall pay $12.00 for each and every plate furnished. With respect to any manufacturer headquarters license plate issued to a manufacturer headquarters or its affiliate, notwithstanding anything to the contrary in this title or Code Section 48-5C-1, such manufacturer headquarters or its affiliate, and any person operating or possessing a motor vehicle using a manufacturer headquarters license plate pursuant to this paragraph, shall not be subject to state or local title ad valorem tax fees with respect to such vehicle or manufacturer headquarters license plate. (D) The manufacturer headquarters or its affiliate shall maintain a system of records regarding the motor vehicle to which the manufacturer headquarters license plate will be attached. Such record shall, at a minimum, contain the: (i) Vehicle Identification Number (VIN); (ii) Name and address of the primary individual operating the vehicle; and (iii) Manner of use of the vehicle selected from the alternative uses referenced in subparagraph (E) of this paragraph. (E) Vehicles with manufacturer headquarters license plates may be operated by persons authorized by the manufacturer headquarters or its affiliate on vehicles of its brand for the following manners of use: (i) Evaluation, marketing, or demonstration purposes, notwithstanding incidental personal use by a manufacturer headquarters' authorized employee or other authorized person designated by such manufacturer headquarters or its affiliate; or (ii) As part of a vehicle leasing program operated by such manufacturer headquarters or its affiliate for the benefit of employees. Any operation of a motor vehicle by a person for an approved use pursuant to this subparagraph shall be deemed to be a demonstration of the motor vehicle for purposes of Code Section 48-8-39. (b) Dealer plates shall be issued in the following manner: (1) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (2) In addition to the three dealer plates issued in accordance with paragraph (1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 units sold in a calendar year. In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records of documentation THURSDAY, APRIL 2, 2015 4127 approved by the department. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales. (c) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, or manufacturer, or manufacturer headquarters has unlawfully used such license plates in violation of this Code section. (e) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency. (f)(1) The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees. (2) A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection. (g) The commissioner shall adopt rules and regulations for the implementation of this Code section." SECTION 3. Said title is further amended by revising paragraph (2) of Code Section 40-3-4, relating to exclusions from motor vehicle titling, as follows: "(2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or 4128 JOURNAL OF THE SENATE demonstration; a vehicle owned by a manufacturer headquarters or its affiliate and registered and licensed pursuant to Code Section 40-2-38; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;" SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-44, relating to the penalty for failure to file a return or pay revenue held in trust for the state, as follows: "48-2-44. (a) In any instance in which any person willfully fails to file a report, return, or other information required by law or willfully fails to pay the commissioner any revenue held in trust for the state, he such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of revenue held in trust and not paid on or before the time prescribed by law, together with interest on the principal amount at the rate specified in Code Section 48-2-40 from the date the return should have been filed or the revenue held in trust should have been remitted until it is paid. (b)(1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, any ad valorem tax owed the state or any local government, he such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time prescribed by law at the time such penalty is assessed, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of: (A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or (B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property resided outside the State of Georgia and if the taxes are paid within one year following the due date. (2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount. (3) With respect to all penalties and interest received by the tax commissioner on or after July 1, 1998, unless otherwise specifically provided for by general law, the tax commissioner shall distribute penalties collected and interest collected or earned as follows: THURSDAY, APRIL 2, 2015 4129 (A) Penalties collected for failure to return property for ad valorem taxation or for failure to pay ad valorem taxes, and interest earned by the tax commissioner on taxes collected but not yet disbursed, shall be paid into the county treasury in the same manner and at the same time the tax is collected and distributed to the county, and they shall remain the property of the county; and (B) Interest collected on delinquent ad valorem taxes shall be distributed pro rata based on each taxing jurisdiction's share of the total tax on which the interest was computed." SECTION 5. Said title is further amended by revising subsection (e) of Code Section 48-3-3, relating to issuance of tax executions, as follows: "(e)(1)(A) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of tax assessors. The bills or notices shall be mailed to the address of record as found in the county board of tax assessors' records. (B)(i) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving tax bills or subsequent delinquent notices via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail such tax bill or subsequent delinquent notice to the address of record as found in the county board of tax assessors' records. (ii) The commissioner shall develop and make available to tax commissioners a suitable form for use by taxpayers in exercising the option to receive tax bills or subsequent delinquent notices via electronic transmission. (2) A new purchaser of property owner shall not be required to pay the interest specified in Code Section 48-2-40, or the penalty specified in Code Section 48-2-44, until 60 days after the tax collector or tax commissioner has forwarded a tax bill to the new purchaser owner in accordance with paragraph (1) of this subsection. This paragraph shall apply only to the tax bill applicable to the year in which the property was purchased." SECTION 6. Said title is further amended by revising Code Section 48-3-27, relating to the penalty for obstructing levying officers, as follows: "48-3-27. (a) It is unlawful for any person knowingly and willfully to obstruct or hinder the: (1) The commissioner or his or her authorized representatives in the levy of a state tax execution.; or 4130 JOURNAL OF THE SENATE (2) Any sheriff, ex officio sheriff, tax commissioner, or municipal levy officer in the levy of a state, county, or municipal tax execution. (b) Any person who violates this Code section shall be guilty of a misdemeanor." SECTION 7. Said title is further amended in Code Section 48-5-32, relating to publication of ad valorem tax rates, by revising subsection (b) as follows: "(b)(1) Each levying authority and each recommending authority shall cause a report to be published in a newspaper of general circulation throughout the county and posted on such authority's website, if available: (1)(A) At least two weeks one week prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and (2)(B) At least two weeks one week prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar year. (2) Such reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements, and such reports shall be posted in a prominent location on such authority's website, if available. The size and location of the advertisements shall not be grounds for contesting the validity of the levy." SECTION 8. Said title is further amended in Code Section 48-5-148, relating to interest on unpaid ad valorem taxes, by revising paragraph (3) of subsection (a) as follows: "(3) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving notices of taxes due via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail a bill to the address of record as found in the county board of tax assessors' records. After notices of taxes due are mailed out, each Each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Code section. The time period for payment provided for by this This paragraph shall not apply in those counties in which a lesser time has been provided by law." SECTION 9. Said title is further amended in Code Section 48-5-205, relating to penalties for certain incomplete or improper tax digests, by revising subsection (a) as follows: "(a) If a tax receiver or tax commissioner fails to have his or her digest completed and THURSDAY, APRIL 2, 2015 4131 deposited by August September 1 in each year, unless excused by provisions of law or by the commissioner, he such tax receiver or tax commissioner shall forfeit one-tenth of his or her commissions for each week's delay. If the delay extends beyond 30 days, such tax receiver or tax commissioner he shall forfeit one-half of his or her commissions. If the delay extends beyond the time when the Governor and commissioner fix the rate percentage, he such tax receiver or tax commissioner shall forfeit all his such tax receiver's or tax commissioner's commissions." SECTION 10. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows: "48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement. (b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c)(1) Any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules 4132 JOURNAL OF THE SENATE and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable." SECTION 11. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 48-5-274, relating to the establishment of the equalized adjusted property tax index, as follows: "(8) Establish for each county in the state the ratio of assessed value to fair market value of county property subject to taxation, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for each of a representative number of parcels of real property, the titles to which were transferred during a period of time to be determined by the state auditor, and then by establishing the measure of central tendency for the county as a whole based upon a representative number of usable transactions studied. Any such sales price shall be adjusted upward or downward, in a manner consistent with the Standard on Ratio Studies published by the International Association of Assessing Officers or its successors, as reasonably needed to account for the effects of price changes reflected in the market between the date of sale and January 1 of the calendar year for which the equalized adjusted property tax digest is being prepared. Sales prices also shall be reduced by any portion thereof attributable to personal property, real property exempt from taxation, or standing timber included in the sales transaction. The representative number of transactions shall not include any parcel of which the sales price is not reflective of the fair market value of such property as fair market value is defined in Code Section 48-5-2. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the titles to which were not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate realty sales data cannot be obtained on such property. The representative number of parcels of each class of real property as defined by the commissioner used for the study shall be determined by the state THURSDAY, APRIL 2, 2015 4133 auditor. The state auditor may use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county." SECTION 12. Said title is further amended in Code Section 48-5-299, relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal, by revising subsections (b) and (c) as follows: "(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B) In all cases in which unreturned personal property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year. (c) Real property, When the value of which was real property is reduced or is unchanged from the value on the initial annual notice of assessment and such valuation is established by an appeal as the result of either an appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, that has not been returned by the taxpayer at a different value during the next two successive years, the valuation so established by appeal decision or agreement may not be changed increased by the board of tax assessors during such the next two successive years, subject to the following exceptions: for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period. (1) This subsection shall not apply to a valuation established by an appeal decision if 4134 JOURNAL OF THE SENATE the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value; (2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years; (3) If the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the parties during the appeal process; and (4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, or the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property." SECTION 13. Said title is further amended by revising Code Section 48-5-302, relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner, as follows: "48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 1 15 of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments, such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval." SECTION 14. Said title is further amended in Code Section 48-5-306, relating to annual notice of current assessment, by revising division (b)(2)(A)(iii), subparagraph (b)(2)(B), and subsection (d) as follows: "(iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million $750,000.00, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $750,000.00, to a hearing officer with appeal to the superior court." "(B) The notice shall also contain the following statement statements in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'" THURSDAY, APRIL 2, 2015 4135 "(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of real property: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, a description of the methodology used by the board of tax assessors in setting the property's fair market value, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information; and (3)(A) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against the board of tax assessors to enforce compliance with the provisions of this subsection. (B) In any action brought to enforce the provisions of this subsection in which the court determines that either party acted without substantial justification either in not complying with this subsection or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought." SECTION 15. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by revising subsections (a) through (e) and (h) through (o) and by adding new subsections to read as follows: "(a) Establishment Definition. As used in this Code section, the term 'appeal administrator' means the clerk of the superior court. (a.1) Appeal administrator. (1) The appeal administrator is vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards. (2) It shall be the duty of the appeal administrator to receive any complaint filed with respect to the official actions of any member of a county board of equalization regarding technical competency, compliance with state law and regulations, or rude or unprofessional conduct or behavior toward any member of the public and to forward such complaint to the grand jury for investigation. Following an investigation, the grand jury shall issue a written report of its findings, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The findings 4136 JOURNAL OF THE SENATE of the report may be grounds for removal of a member of the board of equalization by the grand jury for failure to perform the duties required under this Code section. (a.2) Establishment of boards of equalization. (1) Except as otherwise provided in this subsection, there is established in each county of the this state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (1.1) The grand jury shall be authorized to conduct a hearing following its receipt of the report of the appeal administrator under paragraph (2) of subsection (a.1) of this Code section and to remove one or more members of the board of equalization for failure to perform the duties required under this Code section. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county members of each board of equalization may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. The appeal administrator shall have administrative authority in all matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards and scheduling of appeals. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except THURSDAY, APRIL 2, 2015 4137 for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties, and shall specify which clerk of the superior court appeal administrator shall have oversight over and supervision of such regional board, and shall provide for funding from each participating county for the operations of the appeal administrator as required by subparagraph (d)(4)(C.1) of this Code section. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications of board of equalization members. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property located in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property located in any county in the region where such person is appointed to serve, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2)(A) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of his or her appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The Council of Superior Court Clerks of Georgia created under Code Section 15-6-50.2 shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment. (B)(i) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) On or after January 1, 2016, following the completion of each term of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 20 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members. 4138 JOURNAL OF THE SENATE (iii) No person shall be eligible to hear an appeal as a member of a board of equalization unless, prior to hearing such appeal, such person shall satisfactorily complete the 20 hours of instruction in appraisal and equalization processes and procedures required under the applicable provisions of division (i) or (ii) of this subparagraph. (iv) The failure of any member to fulfill the requirements of the applicable provisions of division (i) or (ii) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B)(C)(i) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such a board of equalization shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) The failure of any member to fulfill the requirements of division (i) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment of board of equalization members. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the THURSDAY, APRIL 2, 2015 4139 unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver cause such appointees to appear before the clerk of the superior court for the purpose of taking and executing in writing the oath of office. The clerk of the superior court may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and execute in writing before the clerk of the superior court the following oath: 'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or chief judge of the superior court or his or her designee the appeal administrator shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers of board of equalization members. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax 4140 JOURNAL OF THE SENATE assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) of this Code section for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board, and a copy of the procedures shall be made available to any individual upon request. (4)(A) The clerk of the superior court appeal administrator shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and maintaining the uniform application forms and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. (B) The county governing authority shall provide any resources to the clerk of superior court appeal administrator that are required to be provided by paragraph (7) of subsection (e) of this Code section. (C) The county governing authority shall provide to the clerk of superior court THURSDAY, APRIL 2, 2015 4141 appeal administrator facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section. (C.1) The operations of the appeal administrator under this Code section shall, for budgeting purposes, constitute a distinct budget unit within the county budget that is separate from the operations of the clerk of the superior court. The appeal administrator budget unit shall contain a separate line item for the compensation of the appeal administrator for the performance of duties required under this Code section as well as separate lines items for resources, facilities, and personnel as specified under subparagraphs (B) and (C) of this paragraph. (D) The clerk of superior court appeal administrator shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and from the hearings before the board of equalization and before hearing officers until for 12 months after the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court appeal administrator is authorized to properly destroy any records from the hearings before the county board of equalization or hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. If an appeal to the superior court is filed, the clerk of superior court appeal administrator shall file such appeal and records in the civil action that is considered open by the clerk of superior court for such appeal, and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either: (i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section; or (iv) A hearing officer as to matters of values or uniformity of assessment of one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of this Code section. 4142 JOURNAL OF THE SENATE (A.1) The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. Such uniform appeal form shall require the initial assertion of a valuation of the property by the taxpayer. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization, or to a hearing officer, or to arbitration as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (B.1) The taxpayer or his or her agent or representative may submit in support of his or her appeal an appraisal given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board which was performed not later than nine months prior to the date of assessment. The board of tax assessors shall consider the appraisal upon request. Within 45 days of the receipt of the taxpayer's appraisal, the board of tax assessors shall notify the taxpayer or his or her agent or representative of acceptance of the appraisal or shall notify the taxpayer or his or her agent or representative of the reasons for rejection. (B.2) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board of tax assessors shall consider such sales ratio study upon request of the taxpayer or his or her agent or representative. (B.3) Any assertion of value by the taxpayer on the uniform appeal form made to the board of tax assessors shall be subject to later amendment or revision by the taxpayer by submission of written evidence to the board of tax assessors. (B.4) If more than one property of a taxpayer is under appeal, the board of equalization, arbitrator, or hearing officer, as the case may be, shall, upon request of the taxpayer, consolidate all such appeals in one hearing and shall announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated hearing to the superior court as provided in subsection (g) of this Code section shall constitute a single civil action and, unless the taxpayer specifically so indicates in the taxpayer's notice of appeal, shall apply to all such parcels or items of property. (B.5) Within ten days of a final determination of value under this Code section and the expiration of the 30 day appeal period provided by subsection (g) of this Code section, or, as otherwise provided by law, with no further option to appeal, the county board of tax assessors shall forward such final determination of value to the tax commissioner. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be THURSDAY, APRIL 2, 2015 4143 conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer and the county board of tax assessors. The clerk of the superior court appeal administrator shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown, or by agreement of the parties. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. The commissioner shall publish and update annually a manual for use by county boards of equalization, arbitrators, and hearing officers. (2)(A) Appeal to board of equalization. An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to, or by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer, to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent, and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax 4144 JOURNAL OF THE SENATE assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The commissioner shall develop and make available to county boards of tax assessors a suitable form which shall be used in such notification to the taxpayer. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an notify the county board of tax assessors to continue the taxpayer's appeal to the county board of tax assessors equalization by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal continuance. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization. (3)(A) In any each year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination review the appeal and notify the taxpayer of any corrections or changes within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or the sum of the current assessed value of the parcels under appeal is equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. The county board of tax assessors shall notify each affected taxpayer of the additional 180 day review period provided in this subparagraph by mail or electronic communication, including posting notice on the website of the county board of tax assessors if such a website is available. Such additional period shall THURSDAY, APRIL 2, 2015 4145 commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to review the appeal and notify the taxpayer of any corrections or changes not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors if such a website is available. If the county board of tax assessors fails to make its review and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on the taxpayer's notice of appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to require additional training or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent by first-class mail to the taxpayer and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail or intergovernmental mail. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party, which shall be provided to the requesting party not 4146 JOURNAL OF THE SENATE less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witness, documents, or other written evidence. A taxpayer may appear before the board of equalization concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board of equalization the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D)(i) The board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. THURSDAY, APRIL 2, 2015 4147 (iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and 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 tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial 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) For the purposes of this Code section, any final value that causes a reduction 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 with interest, as provided in subsection (m) of this Code section. (III) 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 provided in subsection (m) of this Code section. (7) The clerk of the superior court appeal administrator shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the superior court appeal administrator shall see that the records and information of the county board of tax assessors are transmitted to the county board of 4148 JOURNAL OF THE SENATE equalization. The county board of equalization must shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (9)(8) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (e.1) Appeals to hearing officer. (1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection. (B)(i) As used in this subparagraph, the term 'wireless property' means tangible personal property or equipment used directly for the provision of wireless services by a provider of wireless services which is attached to or is located underneath a wireless cell tower or at a network data center location but which is not permanently affixed to such tower or data center so as to constitute a fixture. (ii) For any dispute involving the values or uniformity of one or more account numbers of wireless property as defined in this subparagraph with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board for real property appeals or are designated appraisers by a nationally recognized appraiser's organization for wireless property appeals shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia THURSDAY, APRIL 2, 2015 4149 Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The clerk of the superior court appeal administrator shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property or wireless property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property or wireless property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If within Within 30 days of the county board of tax assessors' mailing of such notice, the taxpayer notifies may notify the county board of tax assessors in writing that such the changes or corrections made by the county board of tax assessors are not acceptable, in which case, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver the notice of appeal and all necessary papers to the clerk of the superior court appeal administrator and mail a copy to the taxpayer or, alternatively, forward the appeal to the board of equalization if so elected by the taxpayer and such election is included in the taxpayer's notification that the changes are not acceptable. If, after review, the county board of tax assessors determines that no changes or corrections are warranted, the county board of tax assessors shall notify the taxpayer of such decision. The taxpayer may elect to forward the appeal to the board of equalization by notifying the county board of tax assessors within 30 days of the mailing of the county board of tax assessor's notice of no changes or corrections. Upon the expiration of 30 days following the mailing of the county board of tax assessors' notice of no changes or corrections, the county board of tax assessors shall certify the notice of appeal and send or deliver all necessary papers to the appeal administrator for the appeal to the hearing officer, or board of equalization if elected by the taxpayer, and mail a copy to the taxpayer. (6)(A) The clerk of superior court appeal administrator shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. The appeal administrator shall notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall 4150 JOURNAL OF THE SENATE set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the appeal administrator, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the appeal administrator shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section and the county board of tax assessors of the transmittal of such appeal. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property or wireless property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall either send the taxpayer both parties the decision in writing or deliver the decision by hand to each party, with written receipt. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised,: the appeal shall terminate as of the date of such signed agreement; and the fair market value as set forth in such agreement shall become final; and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (9.1) The provisions contained in this subsection may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties with the consent of the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training THURSDAY, APRIL 2, 2015 4151 required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of the superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; an annual continuing education requirement of at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the commissioner; and any other matters necessary to the proper administration of this subsection. The failure of any hearing officer to fulfill the requirements of this paragraph shall render such officer ineligible to serve. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (12) If the county's tax bills are issued before the hearing officer has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (13) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section." "(h) Recording of interviews or hearings. (1) In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to: make recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (A) Have an interview with an officer or employee, that is authorized to discuss tax assessments of the board of tax assessors relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, and the taxpayer may record the interview at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee of the board of tax assessors may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview; and (B) Record, at the taxpayer's expense and with equipment provided by the taxpayer, all proceedings before the board of equalization or any hearing officer. 4152 JOURNAL OF THE SENATE (2) The interview referenced in subparagraph (A) of paragraph (1) of this subsection shall be granted to the taxpayer within 30 calendar days from the postmark date of the taxpayer's written request for the interview, and the interview shall be conducted in the office of the board of assessors. The time and date for the interview, within such 30 calendar day period, shall be mutually agreed upon between the taxpayer and the taxing authority. The taxing authority may extend the time period for the interview an additional 30 days upon written notification to the taxpayer. (3) The superior courts of this state shall have jurisdiction to enforce the provisions of this subsection directly and without the issue being first brought to any administrative procedure or hearing. The taxpayer shall be awarded damages in the amount of $100.00 per occurrence where the taxpayer requested the interview, in compliance with this subsection, and the board of assessors failed to timely comply; and, the taxpayer shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred in any action brought to compel such interview. (i) Alternate members of boards of equalization. (1) Alternate members of the county board of equalization in the order in which selected shall serve: (1)(A) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; or (2)(B) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or for which an alternate member is selected for service by the appeal administrator. (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (2) A hearing panel shall consist of no more than three members at any time, one of whom shall serve as the presiding member for the purpose of the hearing. (j) Disqualification. (1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(1)(D) of this Code section. Answers of the county board THURSDAY, APRIL 2, 2015 4153 of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation of board of equalization members. (1) Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection paragraph shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals or attending approved appraisal courses. (2) Each member of the county board of equalization who participates in online training provided by the department shall be compensated by the county at the rate of $25.00 per day for each eight hours of completed training. A member shall certify under oath and file an affidavit with the appeal administrator stating the number of hours required to complete such training and the number of hours which were actually completed. The appeal administrator shall review the affidavit and, following approval thereof, shall notify the county governing authority. The Council of Superior Court Clerks of Georgia shall develop and make available an appropriate form for such purpose. Compensation pursuant to this paragraph shall be paid from the county treasury following approval of the appeal administrator of the affidavit filed under this paragraph. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in paragraph (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period, any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Interest. (1) For the purposes of this Code section, any final value that causes a deduction reduction 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 4154 JOURNAL OF THE SENATE interest on the amount of the deduction at the same rate specified in Code Section 482-35 which shall accrue from November 15 the due date of the taxable year in question or the date the final installment was due or was paid, whichever is later, through the date on which the refund is paid or 60 days from the date of the final determination of value was made, whichever is earlier. In no event shall the amount of such interest exceed $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. (2) 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 the date on which 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 from the original billing due date as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the annual notice of current assessment under Code Section 48-5-306 to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. THURSDAY, APRIL 2, 2015 4155 (o) When a taxpayer authorizes an agent, representative, or attorney in writing to act on the taxpayer's behalf, and a copy of such written authorization is provided to the county board of tax assessors, all notices required to be provided to the taxpayer under this Code section, including those regarding hearing times, dates, certifications, notice of changes or corrections, or other official actions, shall instead be provided to such the taxpayer and the authorized agent, representative, or attorney. Upon agreement by the county board of tax assessors and the taxpayer's agent, representative, or attorney, notices required by this Code section to be sent to the taxpayer or the taxpayer's agent, representative, or attorney may be sent by e-mail. The failure to comply with this subsection with respect to a notice required under this Code section shall result in the tolling of any deadline imposed on the taxpayer under this Code section with respect to that notice." SECTION 16. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by repealing and reenacting subsections (f) and (g) and by adding a new subsection to read as follows: "(f) Nonbinding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to nonbinding arbitration in accordance with this subsection. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal and a notice that the taxpayer shall, within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, provide to the county board of tax assessors for consideration a copy of a certified appraisal. Failure of the taxpayer to provide such certified appraisal within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of the acknowledgment of the receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the county board of tax assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the county board of tax assessors shall either accept the taxpayer's appraisal, in which case that value 4156 JOURNAL OF THE SENATE shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, in which case the county board of tax assessors shall certify within 45 days the appeal to the appeal administrator of the county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within 45 days after the receipt of the certified appraisal, then the certified appraisal shall become the final value. All papers and information certified to the appeal administrator shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal, if any. Within 15 days of filing the certification to the appeal administrator, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (C) The arbitration shall be conducted pursuant to the following procedure: (i) The county board of tax assessors shall, at the time the appeal is certified to the appeal administrator under subparagraph (A) of this paragraph, provide to the taxpayer a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer and the county board of tax assessors. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator may be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have THURSDAY, APRIL 2, 2015 4157 experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer and the county board of tax assessors. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the fair market value of the property subject to nonbinding arbitration; (viii) In order to determine the fair market value, the arbitrator may consider the final value for the property submitted by the county board of tax assessors at the hearing and the final value submitted by the taxpayer at the hearing. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) The arbitrator shall consider the final value submitted by the county board of tax assessors, the final value submitted by the taxpayer, and evidence supporting the values submitted by the county board of tax assessors and the taxpayer. The arbitrator shall determine the fair market value of the property under appeal. The arbitrator shall notify both parties of the decision verbally and shall either send both parties the decision in writing or deliver the decision by hand to each party, with written receipt; 4158 JOURNAL OF THE SENATE (x) If the taxpayer's value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the fees and costs of such arbitrator. If the value of the board of tax assessors is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (4) If the county's tax bills are issued before an arbitrator has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (5) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization, hearing officer, or arbitrator, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization, arbitrator, or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's notice of appeal and before certification of the appeal to the superior court, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee, if any, required by the clerk of the superior court. The taxpayer may exercise a one-time option to THURSDAY, APRIL 2, 2015 4159 reschedule the settlement conference to a different date and time acceptable to the taxpayer, but in no event later than 30 days from the date of the notice. If at the end of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the appeal is settled in superior court. If at the conclusion of the settlement conference the parties reach an agreement, the settlement value shall be entered in the records of the county board of tax assessors as the fair market value for the tax year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement conference the parties cannot agree on a fair market value, then written notice shall be provided to the taxpayer that the filing fees must be paid by the taxpayer to the clerk of the superior court within ten days of the date of the conference, with a copy of the check delivered to the county board of tax assessors. Notwithstanding any other provision of law to the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. An appeal under this subsection shall not be subject to any other fees or additional costs otherwise required under any provision of Title 15 or under any other provision of law. Immediately following payment of such $25.00 filing fee by the taxpayer to the clerk of the superior court, the clerk shall remit the proceeds thereof to the governing authority of the county which shall deposit the proceeds into the general fund of the county. Within 30 days of receipt of proof of payment to the clerk of the superior court, the county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the board of tax assessors is unreasonable and authorize the determination of the final value of the property. (4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless 4160 JOURNAL OF THE SENATE continued by the court. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court. (B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county. (ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (g.1) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation, unless otherwise waived in writing by both parties, as to: (1) The valuation established or announced by any county board of equalization, arbitrator, hearing officer, or superior court; and (2) Any written agreement or settlement of valuation reached by the county board of tax assessors and the taxpayer as permitted by this Code section." SECTION 17. Reserved. SECTION 18. Said title is further amended in Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratio, by revising paragraph (1) of subsection (a) and by adding a new subsection to read as follows: "(a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code THURSDAY, APRIL 2, 2015 4161 Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, including the number, overall value and percentage of total real property parcels of appeals in each county to the boards of equalization, arbitration, hearing officer, and superior court, and the number of taxpayers' failure to appear at any hearing, for the prior tax year, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. All statistics and certifications regarding real property appeals provided to the commissioner under this paragraph shall be made publicly available on the Department of Revenue website." "(c) Beginning with tax digests on or after the effective date of this subsection, no county shall be subject to the assessment authorized by subparagraph (b) of this Code section." SECTION 19. Said title is further amended by revising subsection (a) of Code Section 48-5-405, relating to the levy and collection of tax by municipalities for independent school systems, as follows: "(a) Each municipality authorized by law to maintain an independent school system may support and maintain the public common schools within the independent school system by levy of ad valorem taxes at the rate fixed by law upon all taxable property within the limits of the municipality independent school system. The board of education of the municipality or other authority charged with the duty of operating the independent school system shall annually recommend to the governing authority of the municipality the rate of the tax levy, within the limitations fixed by law, to be made upon all taxable property within the limits of the municipality independent school system. Taxes levied and collected for support and maintenance of the independent school system by the municipal governing authority shall be appropriated, when collected, by the governing authority to the board of education or other authority charged with the duty of operating the independent school system. Funds appropriated to an independent school system shall be expended by the board of education or other authority charged with the duty of operating the independent school system only for educational purposes including, but not limited to, school lunch purposes. The term 'school lunch purposes' shall include payment of costs and expenses incurred in the purchase of school lunchroom supplies; the purchase, replacement, or maintenance of school lunchroom equipment; the transportation, storage, and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of the independent school system. 'School lunch purposes' shall not include the purchase of foods." SECTION 20. Said title is further amended by revising Code Section 48-5-492, relating to issuance of mobile home location permits, as follows: 4162 JOURNAL OF THE SENATE "48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner." SECTION 21. Said title is further amended in Code Section 48-5-493, relating to penalties for failure to attach and display certain decals, by revising paragraph (2) of subsection (a) as follows: "(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 $100.00 nor more than $200.00 $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00 $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00." SECTION 22. Said title is further amended by revising Code Section 48-5-494, relating to mobile home tax returns and decal application and issuance, as follows: "48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May April 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation." THURSDAY, APRIL 2, 2015 4163 SECTION 23. Said title is further amended by revising subparagraph (c)(3)(A) and subdivision (c)(3)(B)(iii)(III) of Code Section 48-5C-1, relating to the alternative ad valorem tax on motor vehicles, as follows: "(A) The tag agent of the county shall within 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 and in a county in which a sales and use 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 governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, an amount of those proceeds necessary to offset any reduction in (i) ad valorem tax on motor vehicles collected under Chapter 5 of 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 this title in each such governing authority and school district during the same calendar month of 2012 and (ii) with respect to the transportation authority, the monthly average portion of the sales and use tax levied for purposes of a metropolitan area system of public transportation applicable to any motor vehicle titled in a county which levied such tax in 2012. Such amount of tax may be determined by the commissioner for counties which levied such tax in 2012, and any counties which subsequently levy a tax pursuant to a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the Commissioner may determine what amount of sales and use tax would have been collected in 2012, had such tax been levied. This reduction shall be calculated, with respect to (i) above, by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of 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 or the portion of the sales and use tax described in (ii) above, 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 the transportation authority, 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" 4164 JOURNAL OF THE SENATE "(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 in such county, in the same manner as ad valorem tax on motor vehicles collected under Chapter 5 of 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 this title in each such governing authority and school district during the same calendar month of 2012." SECTION 24. Said title is further amended in Code Section 48-6-2, relating to real estate transfer tax exemptions, by revising subsection (b) as follows: "(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown for real and personal property conveyed shall be shown on the form prescribed in subsection (c) of Code Section 48-6-4." SECTION 25. Said title is further amended in Code Section 48-6-4, relating to real estate transfer tax payment as certain filing prerequisites, by revising subsections (a), (b), and (c) as follows: "(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the actual consideration of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the actual consideration of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the actual consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the actual consideration shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the THURSDAY, APRIL 2, 2015 4165 superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded." SECTION 26. Said title is further amended by revising paragraphs (94) and (95) of and by adding a new paragraph to Code Section 48-8-3, relating to exemptions from state sales and use tax, as follows: "(94) The sale, use, consumption, or storage of materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse. The packaging exemption shall not include materials purchased at a retail establishment for consumer use; or (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. Except as otherwise provided in this paragraph, this exemption shall not apply to rentals of motor vehicles for periods of 31 or fewer consecutive days. 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.; or (96)(A) The sale or use of construction materials used for or in the construction of buildings at a private college to the extent provided in subparagraphs (B) and (C) of this paragraph. As used in this paragraph, the term 'private college' means a college in this state which is operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and has an enrollment of between 1,000 and 3,000 students. (B) This exemption shall apply from July 1, 2015, until June 30, 2016, or until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $350,000.00, whichever occurs first. A qualifying private college shall pay sales and use tax on all purchases and uses of construction materials and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (C)(i) This exemption shall apply from July 1, 2015, until June 30, 2016. A qualifying private college shall pay sales and use tax on all purchases and uses of construction materials and may obtain the benefit of this exemption from local sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. 4166 JOURNAL OF THE SENATE (ii) For purposes of this subparagraph, local sales and use tax shall be defined as any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying construction materials, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all construction materials that will remain at the private college after completion of construction and all construction materials that become incorporated into the real property structures of the private college. This exemption excludes all items that remain in the possession of a contractor after the completion of construction." SECTION 27. (a) Sections 1, 2, and 3, this section, and Section 28 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Sections 13 and 15 of this Act shall become effective on July 1, 2015. (c) The remaining sections of this Act shall become effective on January 1, 2016, and Sections 9, 12, and 15 of this Act shall be applicable to all appeals filed on or after such date. SECTION 28. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 14th moved that the Senate adopt the Conference Committee Report on HB 202. On the motion, a roll call was taken, and the vote was as follows: N Albers Y Beach Y Bethel Y Black Y Burke N Butler Y Cowsert N Crane Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Orrock N Parent Y Ramsey Y Rhett N Seay Y Shafer Y Sims Y Stone THURSDAY, APRIL 2, 2015 4167 N Davenport Y Dugan N Fort Y Ginn N Gooch N Harbin Y Harbison Y Harper N Heath N Henson N Hill, H N Jones, E N Jones, H Y Kennedy Y Kirk N Ligon N Lucas N Martin N McKoon Y Millar Y Miller Y Mullis N Tate Y Thompson, B Y Thompson, C N Tippins Y Tolleson Unterman Y Watson Y Wilkinson Y Williams, M Y Williams, T On the motion, the yeas were 33, nays 22; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 202. The following communication was transmitted by the Secretary: Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 David A. Cook Secretary of the Senate (404) 656-5040 Fax (404) 656-5043 April 9, 2015 Honorable Nathan Deal Governor of Georgia State Capitol Atlanta, Georgia 30334 Dear Governor: Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report back to you as follows: Nominations sent to the Senate by you were acted upon by the Georgia State Senate in session on March 25, 2015, with the following results: 4168 JOURNAL OF THE SENATE The Honorable Gerald Prchal of Dougherty County, as a member of the State Board of Optometry, for the term of office beginning 9/3/2013, and ending 9/6/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ben Bentkowski of Gwinnett County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning 11/24/2012, and ending 11/24/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jonathan Pannell of Chatham County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2014, and ending 3/15/2020. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ronald Wallace of Floyd County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2013, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Henry Kelly of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2011, and ending 7/1/2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable W.T. Edmondson of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning 2/13/2013, and ending 2/13/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jesse Crews of Charlton County, as a member of the State Board of Physical Therapy, for the term of office beginning 6/30/2013, and ending 6/30/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Martha Carr of Gwinnett County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning 11/29/2010, and ending 11/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sachin Shailendra of Clayton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2014, and ending 1/1/2021. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rossie Ross of Stewart County, as a member of the Georgia Auctioneers Commission, for the term of office beginning 8/14/2014, and ending 8/14/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4169 The Honorable L. Russell Pennington of DeKalb County, as a member of the State Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2013, and ending 6/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Antwan Treadway of Douglas County, as a member of the Georgia Board of Dentistry, for the term of office beginning 3/15/2014, and ending 3/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable W. Paul Bowers 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 49, nays 2, and the nominee was confirmed. The Honorable Brian Burdette of Greene County, as a member of the State Board of Education, for the term of office beginning 1/1/2014, and ending 1/1/2021. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Rogers of Hall County, as a member of the State Personnel Board, for the term of office beginning 1/3/2014, and ending 1/3/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable W. Craig 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 49, nays 2, and the nominee was confirmed. The Honorable Jeffrey Grossman of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2013, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Elizabeth Hardin of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Wanda Goodson of Dawson County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ashley Addison of Fulton County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4170 JOURNAL OF THE SENATE The Honorable L. Thomas Lord of Oconee County, as a member of the State Board of Funeral Service, for the term of office beginning 2/13/2014, and ending 2/13/2020. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sonja Allen of DeKalb 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 49, nays 2, and the nominee was confirmed. The Honorable Gregory Goggans of Coffee County, as a member of the Georgia Board of Dentistry, for the term of office beginning 3/15/2014, and ending 3/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Katherine Mann of Fannin County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2013, and ending 9/23/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ashley Barnett of Wilkes County, as a member of the Georgia Board of Nursing, for the term of office beginning 12/31/2013, and ending 12/31/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Belinda Zanders of DeKalb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2014, and ending 5/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dana Love of DeKalb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2014, and ending 5/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable T. Kay Kendrick of McDuffie County, as a member of the State Board of Cosmetology, for the term of office beginning 8/9/2013, and ending 8/9/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Donna Huffstutler of DeKalb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2015, and ending 12/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable H. Scott Kroell, Jr. of Liberty County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2015, and ending 12/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4171 The Honorable Michael Collins of Butts County, as a member of the Board of Corrections, for the term of office beginning 7/1/2014, and ending 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Andrea S Shelton of Fulton 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 49, nays 2, and the nominee was confirmed. The Honorable Henry Roberts of Gwinnett County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Neil Wyche of Bibb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2014, and ending 6/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Tommy Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning 7/1/2014, and ending 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rene Diaz 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 49, nays 2, and the nominee was confirmed. The Honorable Pendleton Hodge of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Thomas Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable H.M. Osteen, Jr. of Richmond County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2014, and ending 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sandra Heath Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2014, and ending 7/6/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4172 JOURNAL OF THE SENATE The Honorable Dellarie Shilling of Bulloch County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kellie Lockwood of Coffee County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Margot Hedenstrom of Fayette County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rhonda Scott of Fulton County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Fredettena Fletcher of Lamar County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Amy Hooper of Walton County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Andrea Phipps of Whitfield County, as a member of the Georgia Board of Nursing, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ronald Heckman of Gwinnett County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning 7/1/2013, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, 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 7/1/2014, and ending 7/6/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Barrett of Catoosa County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Henry Kelly of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4173 The Honorable Christy McGill of Gwinnett County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Milton Raven of Sumter County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable R. Lee Todd IV of Meriwether County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Corinna Magelund of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Shelley Clark Nickel of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Norma Nunez-Cortes of Appling County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Holly Kirbo of Colquitt County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ryan Worsley of Oconee County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Trey Childress of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4174 JOURNAL OF THE SENATE The Honorable Thomas Godfrey of Fulton County, as a member of the Georgia Board of Dentistry, for the term of office beginning 8/1/2014, and ending 8/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Martha Nesbitt of Hall County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, 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 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kenneth Holton of Lowndes County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kimberly Carrol-Hawkins of Cobb County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Phillip Williams of Oconee County, as a member of the Board of Public Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kathryn Cheek of Muscogee County, as a member of the Board of Public Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Keisha Callins of Dougherty County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Sightler of Putnam County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4175 The Honorable John Antalis of Whitfield County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, 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 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Alexander Gross of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable David Smith of Rabun County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable J. Clay Cox of Gwinnett County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Norman Boyd of Fulton County, as a member of the Board of Community Health, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Kleinpeter of Chatham County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Arthur Vaughn of Cobb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Alexander Whitaker IV of Floyd County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Debra Sue Wade of Rockdale County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4176 JOURNAL OF THE SENATE The Honorable Toby Hinton of Gwinnett County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Karen Gilbert of Henry County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2105. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Victoria Agyekum of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Roger Folsom of Laurens County, as a member of the Board of Community Health, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Russ Childers of Sumter County, as a member of the Board of Community Health, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Brenda Rowe of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2014, and ending 9/23/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Nancy Barton of Hall County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2014, and ending 9/23/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Susan Whittle of Decatur County, as a member of the State Board of Certification of Librarians, for the term of office beginning 1/1/2014, and ending 1/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Linda Most of Lowndes County, as a member of the State Board of Certification of Librarians, for the term of office beginning 12/31/2010, and ending 12/31/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Anthony Biello of Cobb County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2013, and THURSDAY, APRIL 2, 2015 4177 ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Flisser of Cobb County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Vernon Keenan of Cherokee County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable John Villines of White County, as a member of the Georgia Board Private Detectives and Security Agencies, for the term of office beginning 7/1/2013, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jeff Marshall of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jennifer Herring of Hall County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Carol Burgess of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Simeon Deal of Paulding County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2014, and ending 12/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Vicki Arnold of Hall County, as a member of the Board of Pharmacy, for the term of office beginning 11/1/2014, and ending 11/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jeanmarie Holmes of Habersham County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning 7/1/2014, and ending 4178 JOURNAL OF THE SENATE 7/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Martha Venn of Bibb County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2014, and ending 7/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Linda McWhorter of Carroll County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 1/1/2015, and ending 1/1/2021. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable John Coleman of DeKalb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2013, and ending 3/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Roy Kilpatrick of Bullock County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 1/1/2015, and ending 1/1/2021. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kessel Stelling of Cobb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2015, and ending 1/1/2022. The vote on this confirmation was yeas 49, nays 2, 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 1/1/2015, and ending 1/1/2022. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Henry, Sr. of Dougherty County, as a member of the State Board of Education, for the term of office beginning 1/1/2009, and ending 1/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Clint Hobbs of Towns County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Allen of Columbia County, as a member of the State Board of Education, for the term of office beginning 1/1/2014, and ending 1/1/2021. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4179 The Honorable Brian Rickman of Rabun County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2014, and ending 1/20/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jennifer Conway of Gwinnett County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning 7/1/2014, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jose Perez of Gwinnett County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning 3/15/2013, and ending 3/15/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Beth Shiroishi of DeKalb County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2013, and ending 7/1/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Randall Hatcher of Columbia 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 49, nays 2, and the nominee was confirmed. The Honorable Ben Marion of Colquitt County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steve Livingston of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kathryn Klock-Powell of Effingham County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Larry Spillers of Crawford County, as a member of the Georgia Forestry Commission, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Earl Smith of Greene County, as a member of the Georgia Forestry Commission, for the term of office beginning 1/1/2015, and ending 1/1/2022. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4180 JOURNAL OF THE SENATE The Honorable Julian Deal of Bulloch County, as a member of the State Board of Accountancy, for the term of office beginning 6/30/2014, and ending 6/30/2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Linda Campbell of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 1/7/2015, and ending 1/7/2020. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Carolyn Hill of Glynn County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Diane Patterson of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2013, and ending 6/4/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Barbara Mitchell of Sumter County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2013, and ending 6/4/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Terrell Cook, Jr. of Telfair County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 6/4/2012, and ending 6/4/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2014, and ending 12/31/2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dare Domico of Gwinnett County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning 12/29/2012, and ending 12/29/2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable John Mixon of Pike County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, APRIL 2, 2015 4181 The Honorable Leonard Kinsley of Houston County, as a member of the State Board of Registration for Foresters, for the term of office beginning 5/8/2014, and ending 5/8/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Johnson of Walton County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dotty Porter of Pierce County, as a member of the State Board of Registration for Foresters, for the term of office beginning 8/20/2014, and ending 8/20/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Brian Stone of Bibb County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Babe McGowan of Dooly County, as a member of the State Board of Registration for Foresters, for the term of office beginning 10/1/2014, and ending 10/1/2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Phil Gingrey of Cobb County, as a member of the Georgia Regents Health System Board of Directors, for the term of office beginning 7/1/2014, and ending 7/1/2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Adam Hatcher of Richmond 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 49, nays 2, and the nominee was confirmed. The Honorable Baoky Vu of DeKalb 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 49, nays 2, and the nominee was confirmed. Sincerely, /s/ David A. Cook Secretary of the Senate 4182 JOURNAL OF THE SENATE The following committee report was read by the Secretary: Mr. President: The Engrossing and Journals subcommittee has read and examined the following legislation and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 2 SB 53 SB 69 SB 82 SB 94 SB 103 SB 112 SB 131 SB 138 SB 169 SB 190 SB 211 SB 220 SR 7 SR 287 SB 4 SB 59 SB 72 SB 84 SB 95 SB 104 SB 119 SB 132 SB 148 SB 171 SB 194 SB 212 SB 224 SR 26 SB 5 SB 62 SB 75 SB 88 SB 99 SB 108 SB 122 SB 133 SB 156 SB 172 SB 195 SB 215 SB 231 SR 126 SB 8 SB 63 SB 76 SB 89 SB 100 SB 109 SB 125 SB 134 SB 160 SB 175 SB 197 SB 216 SB 237 SR 266 SB 51 SB 65 SB 79 SB 93 SB 101 SB 111 SB 126 SB 135 SB 164 SB 182 SB 203 SB 217 SB 238 SR 267 The President announced the Senate adjourned sine die at 12:08 a.m. 4183 SENATE JOURNAL INDEX 2015 REGULAR SESSION 4184 INDEX PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS SB 1-- Insurance; provide insurance coverage for autism spectrum disorders ....................................................................... 28, 80, 87, 97 SB 2-- Education; student who completes certain requirements awarded hs diploma ................................................................ 28, 94, 109, 120, 2010, 2149, 4182 SB 3-- 'Supporting and Strengthening Families Act' ........................ 67, 129, 143, 160 SB 4-- Urban Redevelopment; provide for use of surface transportation projects................................................................. 105, 176, 515, 617, 2398, 2436, 2665, 3265, 3330, 3750, 3769, 4182 SB 5-- Georgia Ports Authority; powers; acceptance of loans/grants from US .......................................................... 105, 128, 143, 160, 168, 606, 4182 SB 6-- "Georgia Road Safety and Driver's License Integrity Act" ................................................................................................................ 85 SB 7-- "Controlled Substances Therapeutic Relief Act" ........................................ 172 SB 8-- Crimes and Offenses: children who have been sexually exploited; provision .............................................................. 44, 153, 178, 524, 528, 2663, 3542, 4182 SB 10-- Public Official; revise the manner of appointment; temporary replacement .................................................................................. 29 SB 11-- Payne City; abolish; provide for disposition of the assets, property, and legal ...................................................... 29, 552, 569, 653 SB 12-- Quality Basic Education Formula; require the full funding ........................................................................................................... 29 SB 13-- HOPE Scholarships and Grants; provide amount; shall be accepted as full payment ........................................................................... 29 SB 14-- 'Pay Forward, Pay Back Student Grant Act' .................................................. 30 SB 15-- Minimum Wage Law; provide for substantive and comprehensive reform; provisions ................................................................ 30 SB 16-- Job Creation Standards Act of 2015 .............................................................. 30 SB 17-- Taxation and Revenue; allow an individual with no taxable income to claim a tax ........................................................................ 31 SB 18-- Technical College System of Georgia; policies for granting academic credit........................................................ 31, 177, 515, 557 SB 19-- "Employment Security Law"; change certain provisions .............................. 31 4185 SB 20-- Citizens' Redistricting Commission; create; membership and duties .................................................................................. 44 SB 21-- "Ethics in Government Act"; revise; change the name; reconstitute the membership .......................................................................... 45 SB 22-- Public Officers and Employees; allow to disclose a violation of or noncompliance ....................................................................... 45 SB 23-- Evidence; privileges; expand for information obtained by news media ............................................................................................... 45 SB 24-- General Assembly; provisions; provide definition; local bill .................................................................................................................. 45 SB 25-- Elections; provide for election day voter registration and voting; procedures................................................................................... 46 SB 26-- Election; change the time periods for advance voting................................... 46 SB 27-- Election; change the time periods for advance voting................................... 46 SB 28-- Elections; remove certain requirements regarding proof of voter identity at poll................................................................................... 46 SB 29-- Labor/Industrial Relations; compensation for occupational diseases; firefighters ................................................................. 59 SB 30-- Income Taxes; require the department to prepare a tax return for cert. taxpayers................................................................................ 59 SB 31-- Elections; provide for automatic voter registration in certain circumstances ..................................................................................... 59 SB 32-- Community Health, Board of; reopen 2014 open enrollment; define certain terms .................................................................... 60 SB 33-- Elections; provide for election by plurality vote; date of the general primary ........................................................................................ 60 SB 34-- Torts; provide immunity from liability; persons entering a parked motor vehicle........................................................... 60, 568, 584, 673 SB 35-- Crimes and Offenses; leaving children in vehicles; cruelty to children ................................................................. 67, 836, 892, 942, 1173 SB 36-- 'Underground Water Supply Protection Act of 2015' ................... 68, 891, 936, 1221, 1296 SB 37-- Law Enforcement Officers; require certain persons with arrest powers; colleges................................................................................... 68 SB 38-- Medicaid; authorization of appropriations; medical assistance payments ....................................................................................... 68 SB 39-- Abortion; change certain provisions relating to criminal abortion .......................................................................................................... 69 SB 40-- Health; repeal Code Section 31-1-40............................................................. 69 SB 41-- "Georgia Family Planning Initiative"; enact; definitions .............................. 69 4186 INDEX SB 42-- Employment Security; provide leaving employer due to family violence .............................................................................................. 70 SB 43-- Labor and Industrial Relations; employer's obligation; express breast milk; provisions...................................................................... 70 SB 44-- Education; noncitizen students; same consideration; instate classification .......................................................................................... 70 SB 45-- "Bou Bou's Law"; provide for the use of no-knock search warrants .............................................................................................. 70 SB 46-- Law Enforcement Officers and Agencies; provide definitions; peace officer ............................................................................... 71 SB 47-- Crimes and Offenses; repeal certain provisions; sentencing of defendants; bias ....................................................................... 71 SB 48-- Carrying and Possession of Firearms; prohibit restoration gun rights; convicted ................................................................... 72 SB 49-- Crimes and Offenses; repeal the statute relating to no duty; use of force ........................................................................................... 72 SB 50-- Prosecuting Attorneys; appointment; law officer charged; family violence................................................................................ 72 SB 51-- Pharmacists /Pharmacies; provide for substitutions of interchangeable biological .................................................... 72, 551, 569, 589, 590, 1946, 2145, 4182 SB 52-- Disclosure of Public Records; clarify that certain tax credits and exemptions................................................................................... 77 SB 53-- Mental Health; authorizing licensed professional counselor; repeal June 30, 2018............................................ 77, 109, 117, 132, 148, 692, 4182 SB 54-- Taxation; confidental taxpayer information; provide members of legislative study ......................................................................... 77 SB 55-- Torts; provide civil immunity for a person; forcible entry of a motor vehicle ................................................................................. 78 SB 56-- Education; mandatory education for children; raise the age of mandatory attendance ......................................................................... 78 SB 57-- Handicapped Persons; motorized wheelchair; operated on public ways; reflectors .............................................................................. 78 SB 58-- 'Georgia Leadership and Service Admission Act' ................. 79, 177, 515, 574 SB 59-- "Partnership for Public Facilities and Infrastructure Act" ....................................................................................... 79, 176, 515, 941, 1156, 3535, 3777, 4182 SB 60-- Education; raise the mandatory education from 16 to 17 1/2 .................................................................................................................. 86 4187 SB 61-- "New Americans Program Act"; create New Americans program .......................................................................................................... 86 SB 62-- Probate Courts; remove certain limitations on the jurisdiction; game/ fish ......................................................... 86, 177, 515, 557, 560, 1971, 4182 SB 63-- Alcoholic Beverages; provide for manufacturers of malt beverages; retail sales ................................................................... 93, 891, 936, 1220, 1222, 2398, 3988, 4182 SB 64-- Juvenile Code, Domestic Relations, and Vital Records; repeal voluntary .................................................................... 93, 181, 665, 683, 941, 1150, 3945, 4005 SB 65-- Property; change provisions relating to an exemption ......... 93, 177, 515, 589, 594, 3900, 4071, 4182 SB 66-- Governor's Task Force on Blind and Visually Impaired Persons; create ............................................................................................. 105 SB 67-- Firearms; prohibit all carrying of weapons in government buildings .................................................................................. 106 SB 68-- Firearms; provide training requirement; issuance of a weapons carry license .................................................................................. 106 SB 69-- State Defense Force; remove restrictions; rights of public officers and employee.............................................. 106, 683, 701, 911, 913, 2398, 4182 SB 70-- Armed Security Guard; criminal background check; issuance of a license..................................................................................... 106 SB 71-- Crimes/Offenses; clarify it shall be lawful; peace officers; photograph; private........................................................................ 107 SB 72-- "Tanja's Law"; measure of equivalency in punishment committed against police dog ..................................................... 107, 515, 552, 617, 628, 2010, 3723, 4182 SB 73-- Firearms; allow person to be detained by law enforcement; weapons carry license ............................................................ 107 SB 74-- Charity Care Organizations; establish; provide heath care services to uninsured ............................................................................ 107 SB 75-- Putman County; board of commissioners; provide for staggered terms ........................................................................... 113, 177, 181, 692, 4182 SB 76-- "Motorcycle Mobility Safety Act".............................................. 114, 837, 892, 941, 1012, 3605, 3764, 4182 4188 INDEX SB 77-- DNA Sampling, Collection/ Analysis; provide for analysis; convicted of felony ....................................................... 114, 836, 892 SB 78-- Civil Practice; appeals from magistrate courts; change provisions..................................................................................................... 114 SB 79-- Victim Compensation; expand the Criminal Justice Coordinating Council's powers........................................... 114, 153, 178, 574, 575, 2398, 4182 SB 80-- Education; funding for state charter schools and virtual charter schools; provisions .......................................................................... 115 SB 81-- Education; provide for election of local school superintendents by voters............................................................................. 115 SB 82-- Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise..................................................................... 115, 890, 936, 1218, 1221, 1299, 2379, 2418, 4182 SB 83-- Motor Vehicles; policies; law enforcement officers; race; stop motor vehicles ............................................................................. 126 SB 84-- Tybee Island, City of; provide advisory referendum election; swimming pool............................................................. 126, 177, 181, 692, 4182 SB 85-- Development Authorities; revise the definition of projects as applicable .................................................................. 140, 683, 701, 759, 760 SB 86-- "Patient Compensation Act"; establish ........................................................ 140 SB 87-- Professions and Businesses; physician profiles; limit the use of specialty board .................................................................................. 141 SB 88-- Labor and Industrial Relations; payment of wages by credit to a payroll card ....................................................... 141, 583, 611, 705, 2156, 3769, 4182 SB 89-- "Digital Classroom Act" ..................................................... 141, 569, 584, 653, 654, 683, 759, 761, 3560, 3929, 4182 SB 90-- Railroads; provide for the installation of farm crossings and cattle guards .......................................................................... 141, 891, 936 SB 91-- Alcoholic Beverages; local control of distance requirements; school buildings ................................................... 142, 837, 892, 1222, 1312 SB 92-- 'Education Savings Account Act'; establish an education savings account program ............................................................................. 152 SB 93-- Seminole County; office of probate judge; nonpartisan elections ...................................................................................... 152, 569, 573, 1383, 4182 4189 SB 94-- Criminal Procedure; require a procedure for enhancing witness identification .......................................................... 152, 665, 683, 705, 709, 2011, 3447, 3899, 4182 SB 95-- Real Estate Brokers/Salespersons; funds in a separate, federally insured account .................................................... 173, 568, 584, 653, 655, 3900, 4182 SB 96-- Atlanta, City of; change the corporate limits of the city by annexing.................................................................................................. 173 SB 97-- Revenue and Taxation; modify certain provisions relating to tax executions ............................................................. 173, 723, 753 SB 98-- Civil Practice and Procedure; reversal on appeal; change provisions ........................................................................................ 173 SB 99-- Conduct of Proceedings; reversal on appeal; judge; change provisions ....................................................................... 174, 836, 892, 941, 1147, 4065, 4112, 4182 SB 100-- Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions........................................ 174, 583, 611, 645, 701, 759, 766, 2234, 3367, 3446, 3533, 3742, 4037, 4067, 4182 SB 101-- Soil Erosion/Sedimentation; buffer against coastal marshlands; land; prohibited............................................... 174, 683, 701, 729, 2234, 2435, 4182 SB 102-- Elections; revise the dates; primaries and elections and runoffs.......................................................................................................... 175 SB 103-- Sales of Alcoholic Beverages on Sunday; allow for local authorization............................................................... 512, 704, 752, 798, 845, 878, 1151, 4182 SB 104-- State Depository Board; delete references to building and loan associations .......................................................... 512, 682, 701, 759, 760, 2514, 4182 SB 105-- Chatham County Magistrate Court; provide for two full-time magistrates ................................................................ 512, 3353, 3360 SB 106-- Chatham Area Transit Authority; reconstitute the Chatham Area Transit Authority ................................................................. 513 SB 107-- Board of Commissioners of Chatham County; remove exceptions from inclusion............................................................................ 513 4190 INDEX SB 108-- Insurance; provide the requirements for maintaining a risk management framework .............................................. 544, 665, 683, 729, 733, 3897, 4182 SB 109-- Health; clarify the use/effectiveness of Physician Orders for Life-Sustaining .......................................................... 545, 797, 838, 1222, 1331, 2615, 4114, 4182 SB 110-- Certified Process Servers; repeal the sunset and legislative review provisions ....................................................... 545, 723, 753 SB 111-- Continuing Care Providers and Facilities; define certain terms............................................................................................ 545, 700, 716, 724, 941, 1015, 3900, 3948, 4182 SB 112-- Wildlife; general hunting provisions; prohibit the removal, transportation; game ............................................ 545, 724, 753, 805, 814, 1971, 4182 SB 113-- Motor Vehicles/Traffic; create new class or motor vehicles; autonomous vehicles .................................................... 546, 645, 666 SB 114-- Advanced Practice Registered Nurses; delegating physician enter a protocol agr..................................................... 546, 723, 753, 805, 815 SB 115-- Physician Assistants; authorize a physician to delegate to physician assistant ................................................................... 546, 797, 838 SB 116-- Celebrate Freedom Week; establish; posting of historical documents ................................................................... 547, 836, 892, 941, 1143 SB 117-- Property; require purchaser of a condominium development at a foreclosure sale................................................................ 547 SB 118-- DeKalb County; change the jurisdiction of the Board of Ethics of DeKalb County............................................................................. 547 SB 119-- "Water Professionals Appreciation Day"; designate first Monday in May each year. ................................................. 548, 724, 753, 805, 816, 2233, 4182 SB 120-- DeKalb County; provide for the manner of purchasing by DeKalb County ....................................................................................... 548 SB 121-- DeKalb County; provide for internal audits for DeKalb County; procedures ...................................................................................... 548 SB 122-- Revenue and Taxation; provide for add. purpose; proceeds of the tax .............................................................548, 836, 892, 1218, 1220, 1232, 2515, 3556, 4182 SB 123-- Insurers, Risks, Reinsurance; provide for certain requirements by any insurer......................................................................... 563 4191 SB 124-- 'Unlocking the Promise Community Schools Act' ...................................... 564 SB 125-- State Road /Tollway Authority; authorize the collection of tolls; traffic flow ..................................................................... 564, 666, 683, 729, 734, 2615, 3772, 4182 SB 126-- Pharmacists/Pharmacies; expansion of certain medical professionals; auto-injectable epinephrine ................................. 564, 890, 936, 1222, 1306, 3945, 4067, 4182 SB 127-- Ethics in Government; provide for waivers of certain civil penalties and fees................................................................ 565, 751, 798, 1218, 1221, 1302, 2663, 2743, 3264, 3280, 3393, 3988, 4021 SB 128-- Corporations; directors and officers; enact reforms consistent the Model Act ............................................................ 565, 723, 753, 941, 1011, 4066 SB 129-- "Georgia Religious Freedom Restoration Act" .......................... 565, 752, 798, 844, 845, 874 SB 130-- "Smokefree Cars for Children Act" ............................................ 580, 890, 936, 1221, 1254 SB 131-- Department of Behavorial Health and Developmental Disabilities; certification..................................................... 581, 723, 753, 805, 2310, 3743, 4182 SB 132-- "Quality Basic Education Act"; 'Move on When Ready Act' .............................................................................................. 581, 751, 798, 910, 912, 2515, 3918, 4182 SB 133-- Opportunity School District; establishment; provide for definitions; supervision............................................................... 581, 751, 798, 845, 853, 2156, 2423, 4182 SB 134-- Speed Detection Devices; provide for rebuttable presumption for law enforcement ............................................... 606, 701, 724, 911, 915, 2399, 3913, 4182 SB 135-- Clerks of Superior Courts; provide for protection and disclosure of records held ........................................................... 606, 723, 753, 805, 816, 2311, 3746, 4182 SB 136-- "Life Insurance Consumer Disclosure Act"; provide .................................. 606 SB 137-- Property Insurance; expand the ownership restriction ................ 607, 890, 936 4192 INDEX SB 138-- Social Services; provide for various reforms regarding the state's child welfare ............................................................... 607, 890, 936, 1221, 1258, 2664, 3575, 3911, 4182 SB 139-- Selling and Other Trade Practices; provide regulation; auxiliary containers..................................................................... 607, 664, 683, 705, 712, 2382 SB 140-- South Fulton, City of; incorporate; provide for a charter ............................ 636 SB 141-- Juvenile Proceedings; provide that minor violations of weapons in school safety ............................................................ 636, 891, 936, 1222, 1329 SB 142-- Local Government; regulate procedures governing applications; critical infrastructure .............................................. 636, 837, 892 SB 143-- Insurance; require insurer providing; include certain trauma centers ............................................................................. 637, 890, 936, 1222, 1321 SB 144-- Acquisition of Property for Transportation Purposes; attorney's fees and expense .......................................................................... 637 SB 145-- Board of Community Health; one member board is member of the state health plan .................................................. 637, 890, 936, 1221, 1257 SB 146-- Elections; cost of special primaries/special elections; fill vacancies; state....................................................................................... 638 SB 147-- Contracts and Purchases by Public Schools; impose requirements on certain contracts ................................................................ 638 SB 148-- Commerce and Trade; transfer powers Governor's Consumer Affairs to Attorney General............................... 638, 836, 892, 941, 1020, 2310, 4182 SB 149-- Retirement; provide for creditable service for certain military service ............................................................................................ 639 SB 150-- Retirement; provide for creditable service for certain military service ............................................................................................ 639 SB 151-- General Assembly; impose penalties on members who repeatedly misuse expense fund .................................................................. 639 SB 152-- Retirement; provide for the transfer of membership; Teachers Retirement System ....................................................................... 639 SB 153-- Alcoholic Beverages; persons who has all necessary licenses to sell; resale................................................................................... 640 SB 154-- Public Order and Safety, Offenses Against; provide for law enforcement officials............................................................ 659, 836, 892, 1221, 1255 SB 155-- 'Georgia Lottery for Veterans' ..................................................................... 659 4193 SB 156-- State Charter Schools Commission; authorize to establish a nonprofit foundation ......................................... 659, 751, 798, 911, 916, 3480, 4182 SB 157-- Education; establish limitations and requirements regarding student data.................................................................................. 660 SB 158-- "Consumer and Provider Protection Act" .................................................... 660 SB 159-- Searches with Warrants; provide for the use of noknock search warrants.................................................................. 660, 836, 892 SB 160-- Alcoholic Beverages; revise penalties for a violation of Code Section 3-3-23 ................................................................... 661, 837, 892, 1221, 1282, 3988, 4061, 4182 SB 161-- Education; automatic expulsion for possession of firearms at school; revise provisions ........................................... 661, 836, 892 SB 162-- Education; student discipline reporting; students less than ten years old; provisions ...................................................................... 661 SB 163-- Education; provide for disciplinary panels and tribunals .................... 661, 668 SB 164-- Education; provide for positive behavioral interventions... 662, 751, 798, 942, 1175, 3605, 4182 SB 165-- Education; change requirement for local board of education; disciplinary hearing.................................................................... 662 SB 166-- Education; increase the maximum fine for parents; violate compulsory attendance .................................................................... 662 SB 167-- Education; disciplinary hearing officers and disciplinary tribunals; revise provisions .......................................................................... 663 SB 168-- State Symbols; designate Old Governor's Mansion as official state historical house ...................................................... 678, 797, 838, 911, 916 SB 169-- Highways, Bridges/Ferries; revise what constitutes part of the state highway system ........................................................ 679, 892, 936, 1222, 1313, 2157, 3882, 4182 SB 170-- Procedures for Disposition of Property; notice and right to acquire...................................................................................................... 679 SB 171-- Probate Court of Cobb County; change the compensation .............................................................................. 692, 935, 938, 2233, 4182 SB 172-- Probate Court of Cobb County; change compensation of the clerk superior court ............................................................... 693, 935, 939, 2234, 4182 SB 173-- Animal Protection; payment of expenses while an animal impounded; provisions..................................................... 693, 750, 786 4194 INDEX SB 174-- Alcoholic Beverages; operation of company stores by distillers/brewers .......................................................................................... 693 SB 175-- Animal Protection; require inspection of certain animals entering into the state.................................................................. 694, 750, 798, 911, 918, 2380, 3721, 4182 SB 176-- "Deantre Gregory Turman Act".................................................. 694, 836, 892, 1222, 1327 SB 177-- Public Order and Safety, Offenses Against; clarify peace officers .............................................................................................. 694 SB 178-- "Higher Education Access and Success for Homeless and Foster Youth Act" ................................................................................. 695 SB 179-- Georgia Lottery; allow winner to remain anonymous if donates 25 percent; Lottery Education Account.......................... 695, 797, 838 SB 180-- Wild Animals; exempt the African pygmy hedgehog from wild animal license.............................................................................. 695 SB 181-- Education; provide that certain nursery schools; exempt from licensure .............................................................................................. 695 SB 182-- "Newton County Community Improvement Districts Act" ............................................................................................. 718, 892, 895, 1383, 4182 SB 183-- Animals; provide for liability protection for certain activities; livestock ..................................................................... 719, 836, 892, 941, 1152 SB 184-- Dogs; breed-specific regulation shall be limited to enactment by general law ........................................................... 719, 836, 892, 941, 1153 SB 185-- Health; clinical trials of cannabidiol-containing products....................................................................................... 719, 890, 936, 1220, 1241 SB 186-- Counties, Municipalities; electronic publication for certain public notices ................................................................... 719, 838, 892 SB 187-- Education; expand eligibility for the program to certain lawful refugees............................................................................. 720, 836, 892 SB 188-- Bingo; increase the permissible prize amounts ........................................... 743 SB 189-- South Fulton, City of; incorporate; provide for a charter ............................ 743 SB 190-- Bona Fide Coin Operated Machines; provide certain definitions ................................................................................... 743, 891, 936, 1221, 1285, 2311, 3607, 4182 SB 191-- Blasting/Excavating Near Utility Facilities; prohibit local governing; ordinance.......................................................... 743, 892, 936, 1221, 1277 4195 SB 192-- License Plates/Registration; civil penalty; commercial vehicle in violation....................................................................................... 744 SB 193-- Crimes and Offenses; family violence battery; change penalty provisions ........................................................................................ 744 SB 194-- Pharmacists/Pharmacies; provisions shall not apply; dialysate, drugs; end stage renal disease..................................... 744, 890, 936, 1221, 1274, 2235, 3915, 4182 SB 195-- Bonds and Recognizances; increase fees allowed for continuing education programs................................................... 745, 836, 892, 941, 1154, 2235, 3535, 4182 SB 196-- Insurance; insurance requirements for transportation network companies/drivers .......................................................... 745, 890, 936 SB 197-- Buford, City of; provide for corporate boundaries ..................... 745, 935, 939, 1972, 4182 SB 198-- 'Georgia Retail Marijuana Code'.................................................................. 790 SB 199-- Elections; provide for a definition; prohibit certain activities ....................................................................................................... 790 SB 200-- State Government; provide minimum wage for state contractors and state employees .................................................................. 791 SB 201-- Local Government; authority to operate vehicles; transport passengers wheelchairs................................................................. 791 SB 202-- 'America's Founding Philosophy and Principles Act' .................................. 820 SB 203-- Georgia World War I Centennial Commission; create............... 820, 892, 936, 1221, 1253, 3412, 3925, 4182 SB 204-- 'Mutual Insurance Holding Company Act'; reorganization of mutual insurers ................................................................ 821 SB 205-- Municipal Courts; make municipal courts a court of record ........................................................................................................... 821 SB 206-- Counties and Municipal Corporations; revise provisions relating to water liens.................................................................................. 821 SB 207-- 'Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act'....................................................................... 821 SB 208-- Stonecrest, City of; provide for a charter................................ 879, 1209, 1214, 1216, 1217, 2007, 2008 SB 209-- Chatham County; change the description of the commissioner districts ............................................................. 884, 2450, 2460 SB 210-- Downtown Development Authorities; priority of certain liens regarding assessment........................................................................... 884 4196 INDEX SB 211-- McDuffie County; change the annual salary of the coroner .................................................................................... 929, 1362, 1367, 1972, 4182 SB 212-- Leslie, City of; provide for a new charter; incorporation, boundaries, and power .................................... 929, 1362, 1367, 1972, 4182 SB 213-- Education; require students; passing score on a civics test; high school diploma ............................................................................. 929 SB 214-- Atlanta, City of; change the corporate limits of such municipality ................................................................................................. 929 SB 215-- Schley County Utilities Authority; create............................. 1191, 2162, 2166, 3354, 4182 SB 216-- Acworth, City of; adopt by reference a certain map............. 1191, 2242, 2245, 3355, 4182 SB 217-- Acworth, City of; change the corporate boundaries ............. 1192, 2242, 2245, 3355, 4182 SB 218-- "Redevelopment Powers Law"; revise provisions relating to payments in lieu of taxes .......................................................... 1192 SB 219-- Board of Commissioners of Henry County; define the authority, roles ........................................................................................... 1192 SB 220-- "Schley County Utilities Authority Act"; create .................. 1345, 2015, 2019, 3355, 4182 SB 221-- Greenhaven, City of; provide for incorporation ................... 1277, 2162, 2166, 2170, 2172 SB 222-- Clarkston, City of; change the corporate limits of the city by annexing......................................................................................... 1345 SB 223-- Clarkston, City of; change the corporate limits of the city by annexing......................................................................................... 1345 SB 224-- Lawrenceville Building Authority; create; public corporation ............................................................................ 1346, 1951, 1954, 2234, 4182 SB 225-- DeKalb County; community improvement districts created within municipalities ................................................. 1384, 2015, 2019 SB 226-- Gordon, City of; comprehensively revise the charter................................ 1391 SB 227-- Atlanta, City of; extension of the corporate limits; repeal the amendment ................................................................................ 1406 SB 228-- Snellville, City of; make numerous administrative and clerical changes.......................................................................................... 1406 SB 229-- Insurance; federal home loan bank rights; collateral pledged....................................................................................................... 1407 SB 230-- 'Uniform Emergency Volunteer Health Practitioners Act'; enactment ......................................................................................... 1947 4197 SB 231-- "City of Conyers Public Facilities Authority Act"; create ..................................................................................... 1897, 2162, 2166, 3355, 4182 SB 232-- State Court of Cobb County; change the compensation; judges of state court ............................................................... 1947, 2242, 2245 SB 233-- State Court of Cobb County; change the compensations of the clerk and chief ............................................................. 1948, 2242, 2246 SB 234-- Superior Courts of the Blue Ridge Judicial Circuit; amt. of compensation; judges ............................................................................ 1948 SB 235-- Elections; provide for the dates for conducting certain special elections ......................................................................................... 1948 SB 236-- State Court of Catoosa County; create................................... 1953, 2162, 2167 SB 237-- Board of Education of White County; provide for the compensation of members .................................................... 1972, 2242, 2246, 3356, 4182 SB 238-- Bainbridge-Decatur County Recreation Authority; create ..................................................................................... 2011, 2242, 2246, 3356, 4182 SB 239-- Ad Valorem Tax; provide for creation of economic development incentative program.............................................................. 2011 SB 240-- Motor Vehicles; require motor vehicle headlights to emit only white light .................................................................................. 2012 SB 241-- Chatham County; provide for the compensation of certain Chatham County officials .............................................................. 2158 SB 242-- Labor and Industrial Relations; allow employees to use sick leave; care; family .................................................................... 2235, 3602 SB 243-- Georgia Judicial Retirement System; preservation of rights by persons; provisions ..................................................................... 2236 SB 244-- Distilled Spirits; provide that an election superintendents shall hold referendum ...................................................... 2236 SB 245-- Insurance; provide for access to opioid analgesics with abuse-deterrent........................................................................................... 2449 SB 246-- Retirement; provide for the creation of a Scrutinized Company List............................................................................................. 2449 SB 247-- Landlord and Tenant; clarify/modernize the law governing landlords and tenants ................................................................ 3352 SB 248-- Dental and Dental Hygienists; provide profession of dental hygiene therapy ............................................................................... 3352 SB 249-- Insurance Transactions; eliminate the foreign and alien insurer deposit requirement. ...................................................................... 3353 4198 INDEX SENATE RESOLUTIONS SR 1-- Senate Rules; adopt........................................................................................ 18 SR 2-- Senate Convened; notify House..................................................................... 19 SR 3-- General Assembly convened; notify the Governor ................................. 20, 23 SR 4-- Senate Officials, Employees, and Committees; relative................................ 20 SR 5-- International Women's Think Tank; many women's groups and organizations in Georgia; commend ................................... 35, 839 SR 6-- General Assembly; provide by law for the legalization and regulation of marijuana ......................................................................... 791 SR 7-- Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses ......................... 47, 153, 178, 524, 2615, 3540, 4182 SR 8-- Georgia FFA Association; commend ............................................................ 34 SR 9-- Sportsmen's and Coastal Day; recognize January 15 .................................... 35 SR 10-- Korean American Day; recognize January 13 ............................................... 35 SR 11-- Senate Study Committee on Employee Misclassification; create ................................................................ 32, 515, 552 SR 12-- General Assembly; authorize to provide limitations by general law on the amount of tuition charged to students receiving lottery funded ................................................................................. 32 SR 13-- Board of Regents of the University System of Georgia; encouraged to create policies; award academic credit to students; prior to admission ........................................................................... 32 SR 14-- Appropriations Bills; preparation, submission, and enactments; education appropriations Act .................................................... 32 SR 15-- Medical College of Georgia Day; recognize February 17............................................................................................................ 48, 553 SR 16-- Global Summit to End Sexual Violence in Conflict; reaffirming shared commitment of U.S. and United Kingdom to end sexual violence globally ..................................................... 48 SR 17-- Russell, Ari; recognize............................................................................. 48, 88 SR 18-- Gwinnett County Chief of Police Charles M. Walters; recognize .................................................................................................. 49, 88 SR 19-- Girl Scouts Day; recognize February 10 ............................................... 49, 155 SR 20-- Hinton, Clint; commend ................................................................................ 49 SR 21-- Conroy, P.E., Mr. Kim; recognize ........................................................... 49, 88 SR 22-- 4-H Day; recognize February 23 ........................................................... 49, 646 SR 23-- Legislative and Congressional Reapportionment; Citizens' redistricting commission ................................................................ 47 INDEX 4199 SR 24-- General Assembly; authorized to provide a fixed sum for funding the Georgia Ethics Commission ................................................. 61 SR 25-- Atlanta Junior Rowing Association; commend ..................................... 62, 668 SR 26-- Joint House and Senate Coastal Greenway Study Committee; create ............................................................... 61, 610, 645, 1213, 1214, 2235, 4182 SR 27-- Senate; lower the age requirements for members; qualifications of members of General Assembly........................................... 61 SR 28-- Schuster, Marvin and Ruth; commend .......................................................... 62 SR 29-- Greene, Herbert; commend............................................................................ 63 SR 30-- Stelling, Kessel; commend ............................................................................ 63 SR 31-- Pittard, Sr., Reverend Gordon Paul; honoring ............................................... 63 SR 32-- Moore, Reverend Edward; commend ............................................................ 63 SR 33-- Turner, Coach Gerald; congratulate .............................................................. 63 SR 34-- Cline, Jr., Honorable Judge James L.; honoring............................................ 63 SR 35-- Hamilton, Joseph Fitzgerald; recognize ................................................ 63, 937 SR 36-- New Tradition Martial Arts School and Master Rickey Murray; commend.................................................................................... 63, 89 SR 37-- Jester, Satchel B.; recognize .................................................................. 64, 130 SR 38-- Ragsdale, Rita Gail; honoring........................................................................ 64 SR 39-- Effingham County Day; recognize January 26.............................................. 64 SR 40-- Captain Herb Emory Flyover Ramp; dedicate............................................... 73 SR 41-- Hall, Deputy Sheriff Cynthia; commend ............................................... 75, 646 SR 42-- National Guard Day; recognize January 26................................................... 75 SR 43-- Senate Special Tax Exemption Study Committee; create.............. 73, 514, 552 SR 44-- U.S. Constitution; request U.S. Congress and U.S. President; prohibit corporations; unlimited independent expenditures; supporting/opposing candidates for public office .............................................................................................................. 73 SR 45-- Reapportionment; legislative and congressional; provide for procedures and standards ............................................................ 73 SR 46-- Anthony, Lester; commend ........................................................................... 75 SR 47-- Scriven, Florrie B.; commend........................................................................ 75 SR 48-- Gilbert, Bishop William B.; honoring ........................................................... 75 SR 49-- Service Providers Association for Developmental Disabilities; celebrate January 15 .................................................................. 75 SR 50-- Butler, Curtis and Marion; recognize ............................................................ 75 SR 51-- Stringham, Pastor Glenn; recognize .............................................................. 76 SR 52-- Strickland, Dr. James "Jim" Ernest; honoring ............................................... 81 4200 INDEX SR 53-- Multi-Agency Alliance for Children Day; recognize January 20, 2015 ............................................................................................ 76 SR 54-- Morgan, James "Jimmy"; honoring ............................................................... 76 SR 55-- Tippins Bank; commend ................................................................................ 76 SR 56-- Autism Awareness Day; recognize January 28, 2015 ............................. 76, 89 SR 57-- Georgia Economic Developers Association; commend ................................ 81 SR 58-- Colquitt County Packers Football Team; commend............................ 81, 2164 SR 59-- Stone, Judge Patricia Parker; commend .................................................. 82, 95 SR 60-- Levett, Lucius "Bo"; commend ............................................................... 82, 95 SR 61-- Levett, Dr. M. Ann; commend................................................................. 82, 95 SR 62-- 2014 Greenbrier High School Golf Team; congratulate ....................... 82, 800 SR 63-- Atlanta Hawks; commend........................................................................ 82, 84 SR 64-- Georgia College Day; recognize February 10, 2015 ............................. 82, 155 SR 65-- Senate Special Tax Exemption Study Committee; create.............................. 79 SR 66-- Firefighter Recognition Day; recognize February 3, 2015 ............................................................................................................... 82 SR 67-- Paul, Andy; recognize.................................................................................... 82 SR 68-- Prater, Mr. Dave; recognize ........................................................................... 83 SR 69-- Georgia STEM Day; recognize May 8, 2015 ................................................ 83 SR 70-- Chrzanowski, Debbie; commend ................................................................... 83 SR 71-- McMillan, Olivia; commend ................................................................... 83, 89 SR 72-- Graham, Don; commend................................................................................ 83 SR 73-- Jackson, Bart W.; commend .......................................................................... 83 SR 74-- Minority Owned Plasma Centers; encouraging the development................................................................................... 79, 129, 143 SR 75-- Ahabue, Ansel; commend...................................................................... 83, 571 SR 76-- Russell, Sr., Herman Jerome "HJ"; honoring ................................................ 83 SR 77-- Bolton, Willie "W.C."; commend .................................................................. 84 SR 78-- Great Promise Partnership ..................................................................... 89, 647 SR 79-- Links Day; recognize February 17, 2015 ...................................................... 89 SR 80-- College Board of Advanced Placement U.S. History; demand revision .................................................................... 86, 836, 892, 940, 942 SR 81-- Johnson, Benjamin; commend ................................................................. 89, 95 SR 82-- Hamilton, Sr., Michael Joseph; commend............................................... 89, 95 SR 83-- Bethesda Academy; commend ................................................................ 89, 95 SR 84-- U.S. Congress; urged to enact significant reforms to the nation's federally financed graduate medical education programs ................................................................................... 87, 1410, 1951, 2458 INDEX 4201 SR 85-- Norris, Deputy Michael Andrew; honoring............................................. 90, 97 SR 86-- University of West Georgia Day; recognize February 2, 2015 ....................................................................................................... 90, 110 SR 87-- Ware, Mr. Charles "Chuck"; commend ................................................. 90, 725 SR 88-- Georgia Farm Bureau Federation Day; recognize February 19, 2015 .................................................................................. 90, 585 SR 89-- Equine Youth Day; recognize February 3, 2015 ................................... 90, 118 SR 90-- Veterinary Medicine Day; recognize February 4, 2015 ........................ 90, 130 SR 91-- Pritchett, Clarence Landers "C.L."; commend .............................................. 90 SR 92-- National School Counseling Week; recognize February 2-6, 2015 ........................................................................................................ 91 SR 93-- Georgia PlanFirst program; commend........................................................... 91 SR 94-- Georgia Bio Day; recognize January 28, 2015 .............................................. 95 SR 95-- Pope High School Softball Team; recognize................................................. 96 SR 96-- 40th Observance of the ending of Vietnam War; recognize the week of May 6-12, 2015 ................................................. 96, 570 SR 97-- Motor Fuel Taxes; appropriated for any or all public transportation purposes .................................................................................. 93 SR 98-- Holman, Steve; commend.............................................................................. 96 SR 99-- Rucker, Brooke; commend ............................................................................ 96 SR 100-- Shaw, Julius Clarence; honoring ................................................................... 96 SR 101-- Ridings, Sydney; honoring ............................................................................ 96 SR 102-- Youth Villages Georgia Day; recognize February 9, 2015 ............................................................................................................... 96 SR 103-- Georgia State University Day; recognize February 4, 2015 ....................................................................................................... 97, 130 SR 104-- Georgia Bio; commend .................................................................................. 97 SR 105-- High Performance Healthy Schools Day; recognize February 5, 2015 ............................................................................................ 97 SR 106-- Orr Sr., Eston Wycliffe "Wyc"; honoring.............................................. 97, 113 SR 107-- Jackson-Butts County Day; recognize February 11, 2015 ..................................................................................................... 110, 179 SR 108-- Genocide Prevention and Awareness Month; recognize April 2015 .................................................................................................... 110 SR 109-- Purple Star Veterans and Families; commend............................................. 110 SR 110-- Henderson, Don; commend ......................................................................... 110 SR 111-- Iota Theta Chapter; Delta Tau Delta Fraternity; recognize ...................................................................................................... 110 SR 112-- Echols County Drama Club; commend ............................................... 110, 118 SR 113-- Senate Entrepreneur in Residence Study Committee; create ............................................................................................ 108, 796, 838 4202 INDEX SR 114-- Joint Entrepreneur in Residence Study Committee; create .................................................................................. 108, 796, 838, 1214 SR 115-- National Wear Red Day; recognize February 6, 2015......................... 111, 130 SR 116-- Lupus Awareness Day; recognize February 25, 2015 ................................. 111 SR 117-- Prostate Cancer Awareness Day; February 4, 2015 .................................... 111 SR 118-- Georgia Southern University Day; recognize February 3, 2015 ................................................................................................. 111, 118 SR 119-- Law Enforcement Agencies; encouraged to equip peace officers who conduct traffic stops; primary duties; body cameras ........................................................................................................ 108 SR 120-- Bohannon, Hamilton Frederick; commend.................................................. 111 SR 121-- Greenbrier High School Softball Team; congratulate ......................... 111, 800 SR 122-- Thompson, Sr., Dr. Edwin A. ...................................................................... 111 SR 123-- General Assembly; authorize to provide by general law for casino gambling within each county and each municipal corporation approved by referendum.......................................... 108 SR 124-- Georgia Piedmont Technical College Day; recognize February 3, 2015 .................................................................................. 112, 118 SR 125-- Lumpkin County; Wine Tasting Room Capital of Georgia; recognize ....................................................................................... 118 SR 126-- State Highway System; certain portions; dedicate ..................... 116, 892, 936, 1220, 1233, 3481, 3955, 4182 SR 127-- Miliner, Amanda; commend ................................................................ 119, 541 SR 128-- Jolliff, Judge Cliff; recognize ...................................................................... 118 SR 129-- Georgia's Restaurateurs of the Year; recognize and congratulate.......................................................................................... 119, 571 SR 130-- Strickland, Cadet Jonathan Chase; commend.................................... 119, 2017 SR 131-- Brantley, Jr., Booker Terry; honoring ......................................................... 119 SR 132-- Drinkard, Sr., John Peyson; commend ........................................................ 119 SR 133-- Tucker Middle School; commend ............................................................... 119 SR 134-- Glass, Mildred Louis Foster; honoring ........................................................ 119 SR 135-- General Assembly; authorize to provide by law for parimutuel wagering on horse racing................................................. 116, 837, 892 SR 136-- Future Farmers of America Day; recognize February 24, 2015 ............................................................................................... 119, 668 SR 137-- Peanut Butter and Jelly Day; recognize March 3, 2015 .............................. 120 SR 138-- Education; provide for election of local school superintendents by voters; members of local boards of education ...................................................................................................... 116 INDEX 4203 SR 139-- League of Women Voters of Georgia Day; recognize February 18, 2015 ................................................................................ 120, 571 SR 140-- Cordele-Crisp County Fish Fry; recognize.......................................... 120, 179 SR 141-- Durrence, Gary Chadwick; honoring................................................... 131, 155 SR 142-- Towns County Mountain Movers and Shakers; commend...................................................................................................... 131 SR 143-- General Assembly; authorize to provide by law for pari- mutuel wagering on horse racing................................................................. 126 SR 144-- Athens Community Career Academy; commend ................................ 131, 516 SR 145-- Caterpillar, Athens; commend ............................................................. 131, 516 SR 146-- Armstrong, Dee; commend.......................................................................... 131 SR 147-- Thompson, Senator Steve; recognize ................................................ 131, 1414 SR 148-- Millsaps, Sarah; recognize ........................................................................... 131 SR 149-- White County Color and Honor Guard; commend............................ 131, 1979 SR 150-- Threatt, Dr. Robert; honoring ...................................................................... 147 SR 151-- Habersham County Day; recognize February 18, 2015 ...................... 147, 571 SR 152-- Family and Consumer Sciences Day; recognize February 18, 2015 ........................................................................................ 147 SR 153-- Germany, Jr., James Cecil; honoring........................................................... 147 SR 154-- Smoltz, John Andrew; commend......................................................... 148, 800 SR 155-- U.S. Congress; encouraged to adopt and to submit to the states a balanced amendment to the U.S. Constitution and balance our current budget .............................. 142, 664, 683, 941, 1019 SR 156-- Delta Day; recognize February 9, 2015 ....................................................... 144 SR 157-- Taylor, Cree; recognize................................................................................ 148 SR 158-- Spraker, Piper; commend............................................................................. 148 SR 159-- Brooks-Foster Crossing; Gwinnett County; dedicate .................................. 142 SR 160-- Georgia Career and Technical Student Organizations Day; recognize February 17, 2015............................................................... 148 SR 161-- Kappa Alpha Psi Fratenity Day; recognize February 9, 2015 ............................................................................................................. 144 SR 162-- United States Youth Fly Fishing Team; honoring ............................... 148, 685 SR 163-- Senate Rules Committee; authorize to place witnesses under oath or affirmations; testifying; eligible for placement on the rules calendar........................................................... 142, 797 SR 164-- Young Farmers Day; recognize February 25, 2015 ............................ 148, 685 SR 165-- Modern Topics Study Club; recognize ........................................................ 155 SR 166-- Gresham, Jada R.; commend ....................................................................... 155 4204 INDEX SR 167-- Adjournment; relative to ............................................................. 145, 151, 541, 632, 715, 879, 924, 1176, 1338, 1945, 2448, 3351 SR 168-- Davis, Anastasia; commend......................................................................... 155 SR 169-- King, Ms. Patricia S.; recognize .......................................................... 156, 755 SR 170-- Starks, Dr. Quesha; commend ..................................................................... 156 SR 171-- State YMCA of Georgia; recognize ............................................................ 156 SR 172-- Lumpkin, Sr., Chief Joseph H."Jack"; recognize ........................................ 156 SR 173-- Alpha Phi Alpha Day; recognize February 19, 2015........................... 156, 585 SR 174-- Clayton State University Day; recognize February 18, 2015 ..................................................................................................... 156, 578 SR 175-- Tran, Hang; commend ......................................................................... 156, 784 SR 176-- Domestic Minor Sex Trafficking Awareness Day; recognize February 12, 2015 ............................................................... 157, 517 SR 177-- Capitol Arts Standards Commission; encouraged to authorize; placement of portrait of Mrs. Coretta Scott King ......................................................................................... 152, 2241, 2243 SR 178-- Peterson, Anna; honoring ............................................................................ 157 SR 179-- Cambodian-American Heritage Day; recognize February 12, 2015 ........................................................................................ 157 SR 180-- Aviation Day; recognize February 12, 2015........................................ 157, 517 SR 181-- Coffee-Atkinson Forestry Unit; recognize .......................................... 157, 702 SR 182-- Coburn, Charlene; commend ............................................................. 157, 1979 SR 183-- Portis, Angeline Jennifer Louise Thornton; honoring ................................. 157 SR 184-- University of Georgia Day; recognize February 19, 2015 ..................................................................................................... 158, 585 SR 185-- Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Military Youth of the Year; recognize .............................................................................................. 179, 668 SR 186-- Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Youth of the Year; recognize ................................. 179, 668 SR 187-- Georgia Gwinnett College; commend ................................................. 180, 517 SR 188-- Bridges, Maggie; recognize ................................................................. 180, 799 SR 189-- Atlanta Metropolitan State College Day; recognize March 18, 2015 .................................................................................. 180, 1364 SR 190-- Georgia Green Industry Association; recognize.......................................... 180 SR 191-- Fort Valley State University Day; recognize February 11, 2015 ....................................................................................................... 179 SR 192-- Gilbert, Staff Sergeant LaDell; commend ................................................... 180 INDEX 4205 SR 193-- Randolph Historical Society and the Historic Chattahoochee Commission; commend ...................................................... 180 SR 194-- Albany-Dougherty County Day; recognize February 26, 2015 ............................................................................................................. 180 SR 195-- PAGE and GAEL Day; recognize February 17, 2015................................. 517 SR 196-- Sorrells, Doug; recognize ............................................................................ 517 SR 197-- One Billion Rising Revolution Day; recognize February 14, 2015 ....................................................................................................... 517 SR 198-- LEAD Atlanta Day; recognize February 19, 2015 .............................. 517, 585 SR 199-- Esther F. Garrison Wind Ensemble; commend ........................................... 518 SR 200-- Capers, Angela; commend ........................................................................... 518 SR 201-- Willis-Powell, Rebecca; commend.............................................................. 518 SR 202-- Parker, Forrest; commend............................................................................ 518 SR 203-- Thompson, Mary; commend........................................................................ 518 SR 204-- Camacho, Eleanore; commend .................................................................... 518 SR 205-- Haynes, Gaye; commend ............................................................................. 518 SR 206-- Dobbins, Jennifer; commend ....................................................................... 518 SR 207-- White, Jeremy; commend ............................................................................ 518 SR 208-- Shively, Stan; commend .............................................................................. 519 SR 209-- Holloway, Kylie; commend......................................................................... 519 SR 210-- Wooldridge, Shannon; commend ................................................................ 519 SR 211-- Bell, Sherry; commend ................................................................................ 519 SR 212-- Allen, Diana; commend ............................................................................... 519 SR 213-- Urness, Tracie; commend ............................................................................ 519 SR 214-- Foley, Cholana; commend ........................................................................... 519 SR 215-- Robinson, Ebony; commend........................................................................ 519 SR 216-- Hines, Harrold; commend............................................................................ 519 SR 217-- Laughlin, Benita; commend......................................................................... 520 SR 218-- Perrine, Tiffany; commend .......................................................................... 520 SR 219-- Thorne, Jason; commend ............................................................................. 520 SR 220-- Harper, Isiah; commend............................................................................... 520 SR 221-- Epting, Marie; commend ............................................................................. 520 SR 222-- Williamson, Shannon; commend ................................................................. 520 SR 223-- Kelley, Kellie; commend ............................................................................. 520 SR 224-- Shavers, Rosalyn; commend........................................................................ 520 SR 225-- Forte, Ronica; commend.............................................................................. 520 SR 226-- Humphries, Cara; commend ........................................................................ 521 SR 227-- Thrush, Aleatha; commend.......................................................................... 521 SR 228-- Carson, Lori; commend ............................................................................... 521 4206 INDEX SR 229-- Pearce, Jeffrey; commend............................................................................ 521 SR 230-- Martin, Amanda; commend ......................................................................... 521 SR 231-- McKinney, Casey; commend....................................................................... 521 SR 232-- Boykin, Pagianna; commend ....................................................................... 521 SR 233-- Cooper, Cecille; commend .......................................................................... 521 SR 234-- Griffin, Victoria Vialva; commend.............................................................. 521 SR 235-- Horner, Beth; commend............................................................................... 522 SR 236-- Williams, Kelly; commend .......................................................................... 522 SR 237-- Everritt, Polly Ann Propst; commend.......................................................... 522 SR 238-- Shelton, Anthony; commend ....................................................................... 522 SR 239-- Weldon, Fredrick; commend ....................................................................... 522 SR 240-- Ellis, Oliver; commend ................................................................................ 522 SR 241-- Butler, Suzanne; commend .......................................................................... 522 SR 242-- Cole, Jeannie; commend .............................................................................. 522 SR 243-- Shorter-Crawford, Kristi; commend ............................................................ 522 SR 244-- Purter, Linda; commend .............................................................................. 523 SR 245-- Green, Sheryl; commend ............................................................................. 523 SR 246-- Franks, Susan; commend ............................................................................. 523 SR 247-- Kelly, Natalie; commend ............................................................................. 523 SR 248-- Lacy, Stacy; commend................................................................................. 523 SR 249-- Thorne, Jessica; commend ........................................................................... 523 SR 250-- Columbus State University and Columbus Day; recognize February 24, 2015 ............................................................... 523, 668 SR 251-- Wood, Julie; commend ................................................................................ 523 SR 252-- Irwin County Women's Tennis Team; recognize ........................................ 553 SR 253-- Irwin County Senior 4-H Poultry Judging Team; recognize ...................................................................................................... 553 SR 254-- Malnutrition Awareness Week; recognize September 28-October 2, 2015 .............................................................................. 554, 580 SR 255-- Smith, Sasha; commend............................................................................... 554 SR 256-- Neal, Victoria; commend ............................................................................. 554 SR 257-- McDavid, Karen; commend......................................................................... 554 SR 258-- Robertson, Lynn; commend......................................................................... 554 SR 259-- Senate Health Care Organization Tax Credit Study Committee; create ........................................................................................ 549 SR 260-- Gordon, Mr. Walter; recognize.................................................................... 554 SR 261-- Andrews, Mr. David; recognize........................................................... 554, 839 SR 262-- Emergency Management Association Day; recognize February 25, 2015 .............................................................................. 554, 2164 SR 263-- Ulbricht, Tom; commend............................................................................. 555 INDEX 4207 SR 264-- Math Day; Recognize February 24, 2015.................................................... 571 SR 265-- Forsyth County Sheriff's Department; commend .............................. 571, 2165 SR 266-- Property Conveyance; authorizing 16 counties .......................... 566, 838, 892, 940, 945, 2157, 3619, 4182 SR 267-- Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties .................................................... 566, 838, 892, 941, 946, 2157, 3652, 4182 SR 268-- Anesthesiology Assistants of Georgia; recognize ............................... 571, 646 SR 269-- Elliott, Bill; commend.................................................................................. 571 SR 270-- Elliott, Chase; commend.............................................................................. 572 SR 271-- Atlanta Motor Speedway Day; recognize February 26, 2015 ............................................................................................................. 572 SR 272-- Pippen, Dr. Freddie Marie Liggins; honoring ............................................. 572 SR 273-- University of West Georgia Football Team; commend..................... 572, 1979 SR 274-- Leadership Cobb and Leadership Cobb Class of 2015; commend...................................................................................................... 572 SR 275-- Charlton County High School Baseball Team; congratulate.................................................................................................. 586 SR 276-- Georgia Inclusive Post-Secondary Education Consortium; commend......................................................................... 586, 894 SR 277-- Crain, Will; commend........................................................................ 586, 1401 SR 278-- United States Congress; encouraged to support equity and sales tax fairness.................................................................................... 581 SR 279-- Hunter, Ronald Jordan "R.J."; commend..................................................... 586 SR 280-- Long, Mary Nathaniel; commend........................................................ 586, 646 SR 281-- Brown-Kidd, Maggie Katie; honoring......................................................... 586 SR 282-- Joint Peace Officer and Firefighter Occupational Disease Study Committee; create ...................................... 582, 665, 683, 1214 SR 283-- Lambert High School Girls Swimming Team; congratulate........................................................................................ 587, 2017 SR 284-- Health Information Technology Day; recognize February 24, 2015 ................................................................................ 587, 667 SR 285-- Green, Ryann Austin; commend.................................................................. 587 SR 286-- Macon, Alfreda Stephens; congratulate....................................................... 587 SR 287-- Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools................................... 582, 751, 798, 845, 846, 2151, 4182 4208 INDEX SR 288-- Ellison, Pastor Eddie L.; recognize.............................................................. 587 SR 289-- National Council of Negro Women, Inc.; recognize ........................... 587, 668 SR 290-- Appalachian Parkway; White County; dedicate .......................................... 608 SR 291-- Women's History Month; recognize March 2015........................................ 612 SR 292-- Medicare; commend .................................................................................... 608 SR 293-- O'Hara, Kelley; commend ........................................................................... 612 SR 294-- Haithco, Sr., Reverend Jai S.; recognize ..................................................... 612 SR 295-- Sharp, Joseph; commend ............................................................................. 613 SR 296-- Senator Lawrence (Bud) Stumbaugh Bridge; DeKalb County; dedicate ......................................................................... 608, 753, 798, 911, 919 SR 297-- Cook, Lieutenant John; recognize ............................................................... 613 SR 298-- Jones, Jeremy S.; commend ......................................................................... 647 SR 299-- Weaver, Blair; commend ............................................................................. 647 SR 300-- Patterson, Michael; commend ..................................................................... 647 SR 301-- McNair, April C.; commend ........................................................................ 647 SR 302-- Lindborg, Jedidiah O.; commend ................................................................ 647 SR 303-- Borger, Jeremy; commend ........................................................................... 647 SR 304-- Laufer, Brittney Melinda; commend ........................................................... 648 SR 305-- Mattos, Fernando; commend ....................................................................... 648 SR 306-- Street, Katherine Grace; commend............................................................. 648 SR 307-- Hollifield, Sarah; commend ......................................................................... 648 SR 308-- Bush, Brittany; commend ............................................................................ 648 SR 309-- Rozier, Jenna R.; commend ......................................................................... 648 SR 310-- Gaius-Obaseki, Osayame; commend........................................................... 648 SR 311-- Strickland, Jonathan Chase; commend ........................................................ 649 SR 312-- Bird, Hillary Brooke; commend .................................................................. 649 SR 313-- Davis, Ashley D.; commend ........................................................................ 649 SR 314-- Morris, Melanie Alyse; commend ............................................................... 649 SR 315-- Colley, Jonathan; commend......................................................................... 649 SR 316-- Mannor, Rachel S.; commend ..................................................................... 649 SR 317-- Cheek, Philip N.; commend ......................................................................... 649 SR 318-- Renew, Danielle Donaldson; commend ...................................................... 650 SR 319-- Cook, Zackary H.; commend....................................................................... 650 SR 320-- Burch, Ashlyn D.; commend ....................................................................... 650 SR 321-- Nguyen, Tuan Anh; commend..................................................................... 650 SR 322-- Shajan, Angelin Sara; commend.................................................................. 650 SR 323-- Rooks, Sarah Allison; commend ................................................................. 650 SR 324-- Stanley, Hilary N.; commend ...................................................................... 650 INDEX 4209 SR 325-- Costello, Gabrielle; commend ..................................................................... 651 SR 326-- Byous, Amber; commend ............................................................................ 651 SR 327-- Dekle, Kelly R.; commend .......................................................................... 651 SR 328-- Burns, Hali Bohannon; commend................................................................ 651 SR 329-- Taiwan; commend................................................................... 640, 2014, 2016, 2458 SR 330-- Public Initiatives; provide for procedures.................................................... 640 SR 331-- General Assembly; authorize to provide a fixed sum of funding for Georgia Government Transparency and Campaign Finance Commission .................................................................. 640 SR 332-- Whittemoore, Charles Lynn; recognize ....................................................... 651 SR 333-- Emergency Medical Services Day; recognize February 26, 2015 ....................................................................................................... 651 SR 334-- TeleHealth Day; recognize February 24, 2015............................................ 651 SR 335-- General Assembly; provide for a budget session and a general law session each year ...................................................................... 640 SR 336-- State-wide Grand Juries; provide; jurisdiction, powers, and duties ..................................................................................................... 641 SR 337-- General Assembly; limit authority to impose taxes on income; phasing out of taxes on income...................................................... 641 SR 338-- Children's Day; recognize March 4, 2015 ........................................... 652, 799 SR 339-- Dystonia Awareness Month; recognize September ..................................... 652 SR 340-- Cornelia Elementary School; honoring ....................................................... 652 SR 341-- Level Grove Elementary School; honoring ................................................. 652 SR 342-- Georgia Association of Family and Consumer Sciences; commend...................................................................................................... 652 SR 343-- Thomas, Dr. Shawn B.; commend ............................................................... 652 SR 344-- Rock Springs Health Clinic in Milner, Georgia; commend............................................................................................ 652, 1393 SR 345-- Lyons, Hunter; recognize............................................................................. 653 SR 346-- Skin Cancer Awareness Day; recognize March 2, 2015 ..................... 653, 725 SR 347-- Bainbridge High School Band; commend ................................................... 669 SR 348-- "Community Health Centers Day"; recognize February 24, 2015 ....................................................................................................... 669 SR 349-- Johnson, Paul; Georgia Tech Football Head Coach; commend.............................................................................................. 669, 937 SR 350-- Congress; urged to enact the FairTax; express the State of Georgia's commitment to ratify the repeal of the Sixteenth Amendment................................................................. 663, 836, 892, 942, 1172 4210 INDEX SR 351-- Still Waters Youth Sinfo-Nia Orchestra Day; recognize June 25, 2015 ............................................................................................... 669 SR 352-- Wilkerson, Captain William C.; commend.................................................. 669 SR 353-- Cox, First Sergeant Lorenzo; commend ...................................................... 669 SR 354-- School Board Appreciation Week; recognize March 16- 20, 2015 ............................................................................................... 669, 754 SR 355-- E-4 Roger Dorsey, United Sates Navy, Memorial Intersection; dedicate ................................................................................... 663 SR 356-- General Assembly; provide for the dedication of revenue derived from regulation of athletic and entertainment events; not deposited in general fund ................................... 679 SR 357-- Bills, Judge Nancy N.; commend ................................................................ 685 SR 358-- Towns, Mr. Robert Forest "Bobby"; honoring ............................................ 685 SR 359-- Sartain, Jr., Joe; honoring ............................................................................ 685 SR 360-- Senate Data Security and Privacy Study Committee; create .................................................................................... 680, 798, 800, 838 SR 361-- Genocide Prevention and Awareness Month; recognize April 2015 .................................................................................................... 686 SR 362-- Johnson, Alice M.; honoring ....................................................................... 686 SR 363-- World Plumbing Day; recognize March 11, 2015....................................... 686 SR 364-- Toney, Andrew; commend .......................................................................... 686 SR 365-- Bohannon, Hamilton Frederick; commend......................................... 686, 702 SR 366-- Raines, Sr., Pastor Curtis ............................................................................. 686 SR 367-- Macon Day; recognize February 26, 2015 .................................................. 686 SR 368-- Chaput, Nicklas A.; recognize ..................................................................... 686 SR 369-- Johnson, Senator Leroy Reginald; recognize ...................................... 702, 755 SR 370-- New South Construction Company, Inc.; commend ................................... 702 SR 371-- Phillips, Sr., Charles E.; honoring ............................................................... 703 SR 372-- Dr. M.H. Mason, Jr. Elementary School; commend ........................... 703, 754 SR 373-- Cobb County School District; commend ............................................. 703, 754 SR 374-- Cherokee County School District; commend ...................................... 703, 754 SR 375-- Arcado Elementary School; commend ................................................ 703, 754 SR 376-- Big Shanty Intermediate School; commend ........................................ 703, 754 SR 377-- High Meadows School; commend ....................................................... 703, 754 SR 378-- Orr, Sr., Eston Wycliffe "Wyc"; honoring .......................................... 704, 742 SR 379-- Roberts, Reverend Dr. Joseph L.; honoring ................................................ 704 SR 380-- Juniper and Tenth Street High Rise Residents Association Day; recognize February 28, 2015........................................... 704 SR 381-- Police Body Camera Study Committee; create ........................................... 696 SR 382-- Joint Police Body Camera Study Committee; create................................... 696 INDEX 4211 SR 383-- Richey, Rashad; commend ...................................................... 696, 2241, 2243 SR 384-- Civil Air Patrol Day; recognize March 11, 2015......................................... 704 SR 385-- 3rd Annual Legislative Fly-in; recognize February 26, 2015 ............................................................................................................. 704 SR 386-- Abraham Baldwin Agricultural College's 107th Anniversary; celebrate ................................................................................. 725 SR 387-- Liberty Technology; commend............................................................ 726, 754 SR 388-- Constitution; prevent discrimination in the public funding of social services; allow religious/faith based organization to receive public aid ............................................... 720, 797, 838 SR 389-- Broadband Information Services; encourage opposition to the regulation in innovative and expanding markets ............................... 720 SR 390-- St. Patrick's Day Parade Committee; recognize .................................. 726, 894 SR 391-- Byers, David; commend ...................................................................... 726, 733 SR 392-- Teague, Lucas; commend .................................................................... 726, 733 SR 393-- Georgia Dept. of Education Code; encourage revisions to allow computer programming courses to count toward graduation requirements .................................................................. 720 SR 394-- Slosheye Trail Big Pig Jig; recognize.......................................................... 726 SR 395-- Jackson, Bishop Willie; recognize............................................................... 726 SR 396-- Maley, Amy; commend ............................................................................... 755 SR 397-- Busbee, Cynthia "Cyndey" Costello; commend .......................................... 755 SR 398-- Miss Georgia Peach Scholarship Pageant and 2014 Georgia Peach Queens; commend ............................................................... 755 SR 399-- Keep Georgia Beautiful Program; commend .................................... 755, 1364 SR 400-- Moore, Major General Thomas R.; recognize ............................................. 755 SR 401-- Burdell, George P.; commend ........................................................... 755, 2164 SR 402-- Crowell, Isaiah; commend ................................................................. 756, 1414 SR 403-- Daniel, Mr. Thomas "Tom" E.; commend.......................................... 756, 893 SR 404-- Lema, First Lady Mireille Goncalves; commend ........................................ 756 SR 405-- McDonald, Lisa; recognize.................................................................. 756, 820 SR 406-- College of Coastal Georgia Day; recognize March 3, 2015 ............................................................................................................. 756 SR 407-- Preventing Youth Substance Use Disorders; create Joint Study Committee ......................................................................................... 745 SR 408-- Russell, Sr., Herman Jerome "HJ"; honoring ...................................... 756, 839 SR 409-- United State Air Force Academy Georgia Parents Club; commend............................................................................................ 800, 1364 SR 410-- Frank L. Danchetz Highway; Forsyth County; dedicate ............................. 791 SR 411-- Paul V. Liles, Jr., Bridge; Fulton County; dedicate..................................... 792 SR 412-- Senate Cyber Challenge Study Committee; create...................... 792, 891, 936 4212 INDEX SR 413-- Taylor, Elder James E.; commend ............................................................... 800 SR 414-- Greek Independence Day; recognize March 25, 2015 ................................ 801 SR 415-- Caribbean American Legislative Day; recognize March 19, 2015 ............................................................................................. 801, 1393 SR 416-- Wadsworth Magnet School for High Achievers; commend............................................................................................ 801, 1952 SR 417-- Williams, Dr. Jamye Coleman; commend ......................................... 801, 1414 SR 418-- Womack, Linda; honoring ........................................................................... 800 SR 419-- Consulate General of Canada in Atlanta; recognize.................................... 839 SR 420-- Turner Chapel African Methodist Episcopal Church; recognize ...................................................................................................... 840 SR 421-- Bethesda Academy Day in Savannah, Georgia; recognize May 15, 2015............................................................................... 840 SR 422-- Henry, Jr., F. Bryant; commend .................................................................. 840 SR 423-- Peanut Butter and Jelly Day; recognize March 3, 2015 .............................. 840 SR 424-- Franklin County Middle School Technology Student Association; commend....................................................................... 840, 2165 SR 425-- Morgan, David; commend ........................................................................... 840 SR 426-- Sample, Benton; commend .......................................................................... 841 SR 427-- Scott, Lana; commend ................................................................................. 841 SR 428-- Henry, Todd; commend ............................................................................... 841 SR 429-- Werner, Courtney; commend....................................................................... 841 SR 430-- Widness, Brendan; commend ...................................................................... 841 SR 431-- Rajchel, Miles; commend ............................................................................ 841 SR 432-- Tschudi-Rose, Phyllis; commend ................................................................ 841 SR 433-- Sutherland, Carter; commend ...................................................................... 841 SR 434-- Phillips, Jennifer; commend ........................................................................ 841 SR 435-- Alam, Haroon; commend............................................................................. 842 SR 436-- Edwards, Amanda; commend ...................................................................... 842 SR 437-- Mehta, Sanket; commend ............................................................................ 842 SR 438-- Stephens, Scott; commend ........................................................................... 842 SR 439-- Wilson, Officer John K.; recognize ................................................... 842, 1979 SR 440-- Mann, J. Dale; recognize ................................................................... 842, 1979 SR 441-- Gladys Knight Highway; Fulton County; dedicate .................... 822, 892, 936, 1220, 1240 SR 442-- Mashburn, Ms. Jewell M.; recognize........................................................... 894 SR 443-- Brock, Ms. Catherine; recognize ................................................................. 894 SR 444-- Tanksley, Mrs. Karen; recognize................................................................. 894 SR 445-- Williamson, Lynda Anne Brannen; honoring.............................................. 894 SR 446-- Lowery, Evelyn Gibson; honoring .............................................................. 894 INDEX 4213 SR 447-- Joint Study Committee on School Construction; create ......... 885, 1388, 1412, 2452, 2453 SR 448-- Doss, Julie; commend .................................................................................. 894 SR 449-- United States Environmental Protection Agency (EPA); encouraged to withdraw the proposed Clean Power Plan....... 885, 1411, 1951, 2458 SR 450-- Schuster, Dr. Barbara L.; recognize............................................................. 895 SR 451-- Senate Alternatives to Transportation Funding Study Committee; create .................................................................... 930, 2241, 2243 SR 452-- Rural Health Day; recognize March 11, 2015 ............................................. 937 SR 453-- U.S. Congress; urged to rename the Edmund Pettus Bridge and Edmund Pettus-John Lewis Bridge........................................... 930 SR 454-- Law Enforcement Appreciation Day; recognize March 18, 2015 ............................................................................................. 937, 1364 SR 455-- Emoefe, Immanuel; commend ..................................................................... 937 SR 456-- Emerhor, Mr. Olorogun O'tega; recognize .................................................. 937 SR 457-- Smith, Mr. Kenneth R.; recognize ............................................................... 937 SR 458-- North Fulton County Day; March 10, 2015................................................. 938 SR 459-- Senate Study Committee on Blind or Visually Impaired Persons; create ......................................................................... 930, 2240, 2243 SR 460-- Senate Minor Traffic Offense Study Committee; create ......... 930, 2161, 2163 SR 461-- Camp Dream Day; recognize February 25, 2015 ........................................ 938 SR 462-- U.S. Congress; urged to amend the Controlled Substances Act of 1970; authorize the study of medical marijuana .............................................................................. 1192, 1410, 1951, 2458 SR 463-- Council for Quality Growth Day; recognize March 11, 2015 ........................................................................................................... 1210 SR 464-- Together Georgia Day; recognize March 10, 2015 ................................... 1211 SR 465-- Georgia Justice Project Day; recognize March 11, 2015 .......................... 1211 SR 466-- Spout Springs School of Enrichment; commend............................. 1211, 1414 SR 467-- Senate Higher Education Access and Success for Homeless and Foster Youth Study Committee; create .............................. 1193 SR 468-- Boutwell, Marshall; commend................................................................... 1211 SR 469-- Bruner, Ruth; commend............................................................................. 1211 SR 470-- Puckett, Verdis C.; honoring ..................................................................... 1211 SR 471-- Travis, Reverend Harris; recognize ........................................................... 1211 SR 472-- Daniels, Pastor Marion; recognize............................................................. 1212 SR 473-- Cobb, Coach Napoleon B.; recognize........................................................ 1212 SR 474-- Godfrey, Mr. Buck; recognize ................................................................... 1212 SR 475-- Kinard, Britnee; recognize ......................................................................... 1212 4214 INDEX SR 476-- Martin Luther King, Jr., Outdoor Learning Center and Turn Around Columbus; commend ........................................................... 1212 SR 477-- Harris, Sr., Reverend James Calvin; recognize ......................................... 1212 SR 478-- Georgia Budget and Policy Institute, Inc.; recognize ................................ 1193 SR 479-- Senate Ending Campus Sexual Assaults Study Committee; create .................................................................. 1193, 2240, 2243 SR 480-- Tatum, Dr. Beverly Daniel; recognize............................................. 1212, 1414 SR 481-- Usher's New Look; commend.......................................................... 1212, 1393 SR 482-- Booker, Sr., Mr. Calvin E.; commend ............................................. 1213, 1952 SR 483-- Mensah, Dr. Thomas; commend................................................................ 1213 SR 484-- Bulloch Academy Girls Basketball Team; recognize................................ 1213 SR 485-- Sims, Jr., Reverend James H.; recognize................................................... 1213 SR 486-- Lawson, Sr., Mr. Wilson C. "Peck"; commend ......................................... 1213 SR 487-- Senate Preventing Youth Substance Use Disorders Study Committee; create....................................................... 1193, 2240, 2243, 2452 SR 488-- Green, Terence Avery; honoring ..................................................... 1213, 1952 SR 489-- Oglesby, Theodore N. "Ted"; commend ................................................... 1364 SR 490-- SoopaFitt Family Field Day; recognize August 1, 2015 ........................... 1364 SR 491-- Georgia Pre-K Week; recognize October 5-9, 2015.................................. 1365 SR 492-- Childhood Cancer Awareness Month; recognize September 2015 ......................................................................................... 1365 SR 493-- Spelman College Day; recognize March 20, 2015 .......................... 1365, 1414 SR 494-- Effect on Georgia of Normalization of Relations with Cuba; Senate Study Committee ............................................ 1252, 2014, 2016, 2452 SR 495-- Barbour, Lillian Riley; recognize .............................................................. 1365 SR 496-- Lee, Ms. Audrey; recognize....................................................................... 1414 SR 497-- Unity With Pam Tutorial Broadcast Program; commend.......................... 1365 SR 498-- Johnson, Glenn W.; commend ................................................................... 1365 SR 499-- Annual FNB South Community Golf Classic Tournament; commend .................................................................... 1365, 1406 SR 500-- Lanoue, Philip D.; commend ........................................................... 1365, 1979 SR 501-- Georgia Lineman Appreciation Day; recognize April 18, 2015 ..................................................................................................... 1366 SR 502-- Brady, First Sergeant Robert Patrick; recognize ....................................... 1366 SR 503-- Smith, Wesley; honoring ........................................................................... 1366 SR 504-- Meredith, Patrick McLeod; honoring ........................................................ 1366 SR 505-- Job Corps; congratulate ............................................................................. 1366 SR 506-- Ryan Cameron Foundation; commend ...................................................... 1364 INDEX 4215 SR 507-- Municipal Annexations and Incorporations; create Joint Study Committee .................................................................. 1346, 2162, 2163, 2452, 2453 SR 508-- 2015 Senate Aides and Senate Academic Aides; commend.................................................................................................... 1366 SR 509-- Georgia Chamber of Commerce; honoring ............................................... 1366 SR 510-- Carroll, Ryan; recognize ............................................................................ 1366 SR 511-- Bullock, III, Dr. Charles S.; congratulate .................................................. 1367 SR 512-- Hitchcox, Robert Olen; honoring .............................................................. 1367 SR 513-- Lady Antebellum; commend ..................................................................... 1393 SR 514-- Wet Willie; commend ................................................................................ 1393 SR 515-- Roland, Ed; commend................................................................................ 1394 SR 516-- Beard, Danny; commend ........................................................................... 1394 SR 517-- Reed, Francine; commend ......................................................................... 1394 SR 518-- Foxworthy, Jeff; commend ........................................................................ 1394 SR 519-- Southwest Campus of the Medical College of Georgia; recognize .................................................................................................... 1394 SR 520-- Tucker High School; congratulate ............................................................. 1394 SR 521-- Allen, Tristen; commend ........................................................................... 1394 SR 522-- Park, Kinam; commend ............................................................................. 1394 SR 523-- Bethesda Academy High School Basketball Team; congratulate...................................................................................... 1395, 1952 SR 524-- H.V. Jenkins High School Basketball Team; congratulate................................................................................................ 1395 SR 525-- Georgia General Assembly; recognize the vital importance safe and efficient transportation plays in Georgia's economic/quality of life standards............................................. 1384 SR 526-- Carrel, Wayne; James Saffell; congratulate............................................... 1395 SR 527-- Public Roads and Bridges; 10 percent of revenue; providing and maintaining an adequate system......................................... 1384 SR 528-- Wixon, Sr., Camille Alexandra; commend................................................ 1395 SR 529-- Manalo, Renee Julia; commend................................................................. 1395 SR 530-- Fallin, Amanda Leighann; commend ........................................................ 1395 SR 531-- Pfeiffer, Matthew; commend ..................................................................... 1395 SR 532-- Lane, Evan Kenneth; commend................................................................. 1395 SR 533-- Coates, Nicholas Chase; commend............................................................ 1396 SR 534-- Bigham, Jasmine Brianna; commend ........................................................ 1396 SR 535-- Conley, Kristin; commend......................................................................... 1396 SR 536-- Paletta, Mia; commend .............................................................................. 1396 SR 537-- George, Nadia Inez; commend .................................................................. 1396 4216 INDEX SR 538-- Williams, Kayla Michelle; commend ........................................................ 1396 SR 539-- Young, Macie Leigh; commend ................................................................ 1396 SR 540-- Loftin, Madison Hartsell; commend.......................................................... 1396 SR 541-- Royek, Amanda Grace; commend ............................................................. 1396 SR 542-- Oates, Kayla V.; commend ........................................................................ 1397 SR 543-- Savannah State University Women's Basketball Team; commend.................................................................................................... 1397 SR 544-- Holmes-Williams, Satchel T.; commend................................................... 1397 SR 545-- Pesto III, Alfred Edward; commend .......................................................... 1397 SR 546-- Bowers, Mahogany; commend .................................................................. 1397 SR 547-- Environmental Day; recognize April 2, 2015............................................ 1397 SR 548-- Thomas, Gandy; commend ........................................................................ 1397 SR 549-- Georgia High School Fencing League; commend..................................... 1393 SR 550-- Loyd Strickland Memorial Intersection; dedicate ..................................... 1384 SR 551-- Barrow, Dr. Linda; recognize .................................................................... 1397 SR 552-- Griffin, Jack; commend ............................................................................. 1414 SR 553-- Teneilabe, Ambassador Geoffrey; commend ............................................ 1415 SR 554-- Stamps, Elizabeth Reid; commend ............................................................ 1415 SR 555-- National Black and Latino Council; commend ......................................... 1415 SR 556-- Atlanta Health Care Music & Gospel Festival; recognize .................................................................................................... 1415 SR 557-- Ries, Carter; commend .............................................................................. 1415 SR 558-- General Assembly; proceeds of excise taxes on sale of fireworks; funding of trauma care ............................................................. 1407 SR 559-- Brooks, Reverend Donald; commend........................................................ 1415 SR 560-- Senate Women's Adequate Healthcare Study Committee; create ................................................................. 1949, 2240, 2243, 2453 SR 561-- Consumer and Provider Protection Act (SB 158); Senate Study Committee....................................................... 1949, 2240, 2243, 2453 SR 562-- Wallace, Darryl Deon; honoring................................................................ 1953 SR 563-- Berklee College; commend........................................................................ 1953 SR 564-- School Construction; create Senate Study Committee ......... 1949, 2160, 2163, 2453 SR 565-- Jones, Emani Lynn; commend......................................................... 1953, 2017 SR 566-- Senate Abusive Billing Practices Study Committee; create ...................................................................................... 1949, 2240, 2243 SR 567-- Benedictine High School Cadets Football Team; congratulate................................................................................................ 1980 INDEX 4217 SR 568-- Georgia Law School Day; recognize March 24, 2015 .............................. 1979 SR 569-- DECA program; commend ........................................................................ 1980 SR 570-- Senate Pool Industry Standards and Licensing Study Committee; create ...................................................................................... 1973 SR 571-- Kennesaw State University Day; recognize March 25, 2015 ................................................................................................. 1980, 2022 SR 572-- King, Jacqualyn Susanne; honoring .......................................................... 1980 SR 573-- Senate Court of Appeals Workload Study Committee; create ...................................................................................... 1973, 2161, 2163 SR 574-- Taylor Road Middle School; commend..................................................... 1980 SR 575-- Coastal Georgia Honor Flight; recognize .................................................. 1980 SR 576-- American with Disabilities Act Atlanta Symposium and the Society for Disability Studies Atlanta Conference; commend.................................................................................................... 1980 SR 577-- Partnership Against Domestic Violence; commend .................................. 2017 SR 578-- Kelly, Caden; commend ............................................................................ 2018 SR 579-- Towns, Mr. Robert Forrest "Bobby"; honoring............................... 2018, 2165 SR 580-- Georgia State University Men's Basketball Team; commend.......................................................................................... 2018, 2165 SR 581-- Lao, Jessica and Alejandro Lim; congratulate........................................... 2018 SR 582-- Big A Elementary School; recognize ........................................................ 2018 SR 583-- Carnesville Elementary School; commend................................................ 2018 SR 584-- Tomlinson, James Dariel; commend ......................................................... 2018 SR 585-- Georgia AIDS Coalition, Inc.; recognize .................................................. 2018 SR 586-- Hall, Russell; commend ............................................................................. 2019 SR 587-- Henry, Ms. Jeannie M. "Sis"; recognize .................................................... 2019 SR 588-- Lawson, J. Carlton Jay; honoring .............................................................. 2019 SR 589-- Sitton, Claude; honoring ............................................................................ 2019 SR 590-- Clinical Research; encouraging the representation of diverse populations of different racial and ethnic backgrounds .......................................................................... 2012, 2241, 2243, 2458 SR 591-- Georgia Food Bank Association Day; recognize March 26, 2015 ..................................................................................................... 2165 SR 592-- Senate Welfare Fraud Study Committee; create........................................ 2158 SR 593-- Senate Power Grid Protection Study Committee; create........................... 2023 SR 594-- Senate Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders Study Committee; create....................................................... 2023, 2240, 2243, 2453 4218 INDEX SR 595-- United States; encouraged to return healthcare decisionmaking power back to the State of Georgia............................................... 2158 SR 596-- Harbin, Jerry Lloyd and Earline Addis; recognize .................................... 2165 SR 597-- Sanders, Governor Carl; honoring ............................................................. 2165 SR 598-- Essig, Alan; commend ............................................................................... 2158 SR 599-- Laney High School Girls Basketball Team; congratulate.......................... 2165 SR 600-- Georgia High School Fencing League; commend..................................... 2244 SR 601-- McMichael, Madison, Robinson, Elizabeth, Shin, Margaret and winners of David Shafer Essay Scholarship; commend............................................................................... 2244 SR 602-- Landers, Andy; recognize .......................................................................... 2244 SR 603-- Green, William D. "Bill"; honoring........................................................... 2244 SR 604-- Revenue and Taxation; prohibit the levy of state ad valorem taxes ............................................................................................. 2236 SR 605-- Senate Preservation of the HOPE Scholarship Program Study Committee; create............................................................................ 2237 SR 606-- Lockhart, Annie Belle Gray; commend..................................................... 2244 SR 607-- State of Georgia; urged to allow use of their existing rights of way for pipeline expansion ......................................................... 2237 SR 608-- Williams, Bluford Reed; commend ........................................................... 2244 SR 609-- Senate Annexation, Deannexation, and Incorporation Study Committee; create....................................................... 2237, 2306, 2450, 2451, 2453 SR 610-- Richey, Rashad; commend ........................................................................ 2450 SR 611-- Hollinshead, Zoe; commend ...................................................................... 2451 SR 612-- Napier, Bill; commend............................................................................... 2451 SR 613-- Dalton State College Basketball Team; congratulate ................................ 2451 SR 614-- Torbush, Dr. Douglas B.; congratulate ...................................................... 2451 SR 615-- McDonald, Lauren; commend ................................................................... 2451 SR 616-- Morgan, Edna Gertrude Quinby; honoring................................................ 2452 SR 617-- Seminole County Boys Basketball Team; congratulate ............................ 2452 SR 618-- Hunter, Mr. F. Floyd; recognize ................................................................ 2452 SR 619-- Ehlers-Danlos Syndrome Awareness Month; recognize May ............................................................................................................ 2452 SR 620-- Georgia's 2015 Comcast Leaders and Achievers Scholars; commend.................................................................................... 3356 SR 621-- Hill, Jr., Dr. William Harry; commend...................................................... 3356 SR 622-- Cobb County Department of Transportation; commend ........................... 3357 SR 623-- Bryant, Gerald Theodore; honoring........................................................... 3357 INDEX 4219 SR 624-- General Assembly; authorize local boards of education to impose, levy, and collect development impact fees; additional educational facilities ................................................................. 3353 SR 625-- Lamar Smith Signature Homes; commend................................................ 3357 SR 626-- Tate, Mrs. Virginia C. Barnett; recognize ................................................. 3357 SR 627-- Walker, Esq., Teri Brown; commend ........................................................ 3357 SR 628-- Fiese, Sophia Jolene; celebrate the birth.................................................... 3357 SR 629-- Kindregan, Phillips "Pip" Elizabeth; celebrate the birth ........................... 3357 SR 630-- Vaughn, Victoria Ridley; celebrate the birth ............................................. 3357 SR 631-- DeBussey, Felicity Belle; celebrate the birth ............................................ 3358 SR 632-- Collins, Brooks Few; celebrate the birth ................................................... 3358 SR 633-- Ashbee, Margaret Bishop; celebrate the birth ........................................... 3358 SR 634-- Fleming, Hannah Mitchell; celebrate the birth .......................................... 3358 SR 635-- Leitman, Susanna Ursula; celebrate the birth ............................................ 3358 SR 636-- Richards, Crawford King; celebrate the birth............................................ 3358 SR 637-- Kurdi, Zachariah Fouad; celebrate the birth .............................................. 3358 SR 638-- Richardson, Atticus Allen "Rick"; honoring ............................................. 3358 SR 639-- National Older Americans Month; recognize............................................ 3359 SR 640-- Thompson, Katherine Keith and Emmeline Clare; celebrate the birth....................................................................................... 3359 SR 641-- Hamid, Shazad; commend ......................................................................... 3359 SR 642-- Crystal Springs Smokehouse; recognize ................................................... 3359 SR 643-- Bailey's Bar-B-Que; recognize .................................................................. 3359 SR 644-- Choo-Choo Bar-B-Que & Grill; recognize................................................ 3359 SR 645-- Huddle House; recognize........................................................................... 3359 SR 646-- Park Place Restaurant; recognize............................................................... 3359 SR 647-- Home Plate Grill ; recognize ..................................................................... 3359 SR 648-- Philadelphia College of Osteopathic; congratulate Georgia campus ......................................................................................... 3395 SR 649-- Jones, Cassandra A.; recognize ................................................................. 3395 SR 650-- Hollowell, Dr. Louise Thornton; honoring................................................ 3431 4220 INDEX PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS HB 1-- Haleigh's Hope Act; enact ........................................................ 688, 696, 1410, 1951, 1983, 1984, 2155 HB 3-- Education; programs; person solicit transaction with student-athlete; prohibit ........................................................ 1340, 1346, 2015, 2016, 2478, 2681 HB 17-- Hidden Predator Act; enact................................................... 1338, 1346, 2015, 2016, 2481, 3255, 3946 HB 18-- Professional engineers and land surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt............................................................ 738, 746, 1209, 1363, 1983, 2000 HB 20-- State income tax; certain allocations to owners of certain entities shall be governed by Georgia law; clarify ........................................................................................ 925, 930, 2160, 2163, 2478, 2480, 3331 HB 21-- Transit authority; creation of; metropolitan areas; repeal a population provision ........................................................... 1239, 1347, 2163 HB 36-- Macon Water Commissioners - Pension Plan; pension rights; repeal a provision...................................................... 124, 126, 552, 555 HB 38-- Grady County Magistrate Court; impose and collect county law library fees as part of court costs; authorize ..... 542, 549, 584, 588 HB 47-- Prescription drugs; certain refills of topical ophthalmic products under certain conditions; authorize....................................... 511, 513 HB 48-- Special license plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide.......................... 1239, 1347, 1976, 2016, 2481, 2723, 3560 HB 49-- Revenue and taxation; electronic service of certain notices; provide......................................................................... 633, 641, 2160, 2163 HB 51-- Taxes; amount payable at redemption of property; change provisions ................................................................................ 738, 746 HB 52-- Child custody; require parenting plans to be incorporated into final orders; change provisions ............................... 542, 549 INDEX 4221 HB 57-- Solar Power Free-Market Financing Act of 2015; enact .......... 151, 153, 1209, 1363, 2250, 2264 HB 59-- State tort claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide .............................. 688, 696 HB 62-- Special needs students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide ...................................................................................... 511, 514, 1388, 1412, 1984, 2001 HB 63-- Georgia Employer GED Tax Credit Act of 2015; enact .......... 676, 680, 2242, 2243, 2478, 2481, 2720, 3767 HB 65-- Education; local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; require............................... 543, 549, 1388, 1412 HB 67-- Milledgeville-Baldwin County; provide for unified government; provisions........................................................ 124, 127, 569, 573 HB 70-- State symbols; designate white-tailed deer as official state mammal ............................................................................ 658, 663, 1975, 2016, 2479, 2517, 3411 HB 71-- Pardons and paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions...................................... 786, 792, 1976, 2016, 2482, 3331, 3400, 3618 HB 72-- Crimes and offenses; protection of disabled adults and elder persons; expand and clarify ......................................... 1178, 1193, 2240, 2243, 2479, 2592, 3394, 3897 HB 73-- Public officers; counties and municipalities provide by local law for district durational residency requirements; authorize............................................................................... 676, 680, 838, 892 HB 75-- Supplemental appropriations; State Fiscal Year July 1, 2014 - June 30, 2015............................................................. 92, 109, 143, 154, 183, 510, 595, 596 HB 76-- General appropriations; State Fiscal Year July 1, 2015 June 30, 2016 ............................................................................ 715, 721, 1362, 1391, 1417, 1418, 1961, 1962, 1966, 1967, 2768, 3264 4222 INDEX HB 82-- Oconee River Greenway Authority; certain members to appoint a designee; allow.......................................................... 787, 792, 2241, 2243 HB 84-- Insurance; conspicuous notice and clear exclusion notices and guidance; provide .............................................. 1339, 1347, 1976, 2016, 2482, 3331, 3432 HB 85-- Alcoholic beverages; local control of distance requirements for grocery stores as to the retail sale of wine and malt beverages; provide ............................................ 689, 697, 1390, 1412, 2479, 2570, 3945 HB 86-- Social services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions....................................................... 512, 514, 610, 645, 1984, 2002 HB 87-- Retirement and pensions; Code Revision Commission; revise title............................................................................................. 579, 582 HB 88-- Stapleton, City of; change terms of office of mayor and councilmembers .......................................................................... 125, 127, 153, 158 HB 89-- Drug-free commercial zones; date of incorporation of local ordinances by reference; change .................................. 1178, 1194, 2161, 2163, 2484, 3331, 3605 HB 90-- Code Revision Commission; revise, modernize, and correct errors of said Code.......................................................... 579, 582, 752, 798, 910, 911 HB 91-- Education; eliminate Georgia High School Graduation Test as a requirement for graduation; provisions ....................... 543, 550, 836, 892, 2024, 2026 HB 94-- Ad valorem tax; certain persons from penalties for failure to timely pay tax; exempt .......................................... 1231, 1348, 2160, 2163, 2478, 2480, 2611 HB 95-- Local government investment pool; trust fund managed by state treasurer; provide................................................... 604, 608, 838, 892, 2482, 3331, 3574 HB 98-- Georgia Code of Military Justice; enact ............................... 1179, 1194, 2240, 2243, 2479, 2610 INDEX 4223 HB 99-- Property; joint tenants divorce or have marriage annulled under certain circumstances; provide procedure for tenancy in common ............................................ 739, 746, 2161, 2163, 2480, 2613, 3433, 3996 HB 100-- Education; date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; change provisions............................................ 604, 608 HB 101-- Schley County; Board of Education; change description of districts ................................................................................... 125, 127, 153, 158 HB 102-- Schley County Probate Court; judge shall also serve as judge of Magistrate Court on and after January 1, 2017 ............ 125, 128, 153, 158 HB 103-- Kelsey's Law; enact .............................................................. 1179, 1194, 2161, 2163 HB 104-- State Properties Code; applicability of public bidding processes for certain conveyances; clarify ............................... 580, 583, 1391, 1412, 2482, 3331, 3383 HB 106-- Revenue and taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.................................................................................. 925, 931, 1391, 1412, 1950, 1978, 2173, 2180, 3534, 3728 HB 110-- Fireworks; provide for sale of consumer fireworks; provisions.................................................................................. 926, 931, 2161, 2163, 2480, 2706, 3265, 3445 HB 114-- Drivers' licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions ........... 1179, 1194, 2161, 2163, 2482, 3331 HB 117-- Employment security; modify definition of the term most recent employer; change certain provisions..................... 633, 642, 1411, 1951, 2481, 2710, 3446 HB 118-- Drivers' licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions ...................................................................... 739, 746, 1950, 1978, 2478, 2511 4224 INDEX HB 119-- AIDS; disclosure of such information under certain circumstances; change provisions............................................. 580, 583, 2015, 2016 HB 121-- Elections; write-in candidacy filings to include authorization by candidate if not done by candidate; require notice ............................................................................ 658, 663, 1975, 2016 HB 123-- Motor vehicles; provisions relating to loads shall include certain trailers; provide ............................................ 1180, 1195, 1389, 1412, 2480, 2612 HB 125-- Rutledge, City of; residents 65 years of age or older; provide homestead exemption ............................................. 125, 128, 177, 182 HB 131-- The End to Cyberbullying Act; enact ................................... 1250, 1348, 2160, 2163, 2250, 2268, 2664, 3880 HB 147-- Motor vehicles; initial two-year registration period for certain vehicles; provide ........................................................... 787, 793, 1976, 2016, 2479, 2515 HB 148-- Byron, City of; levy an excise tax ....................................... 125, 128, 584, 588 HB 152-- Alcoholic beverages; prohibit certain conduct related to alcohol; impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses.................................................................................. 1295, 1348, 2161, 2163, 2482, 3331, 3433, 3767, 3912 HB 153-- Courts; certain activities involving real estate transactions; authorize .......................................................... 1295, 1348, 2015, 2016, 2250, 2265, 2737 HB 160-- Game and fish; trapping of raccoons in certain counties; repeal a provision...................................................................... 634, 642, 1411, 1951, 2024, 2027 HB 162-- Insurance; provide for insurance compliance selfevaluative privilege; provisions ................................................ 605, 609, 2160, 2163, 2479, 2519, 3411 HB 164-- Professional Standards Commission; professional learning requirements for certification renewal; extend suspension ................................................................................. 605, 609, 1388, 1412, 1956, 1957 INDEX 4225 HB 170-- Transportation Funding Act of 2015; enact.............................. 880, 885, 1362, 1391, 1417, 1897, 1999, 2008, 2150, 2156, 3280, 3330 HB 172-- Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels............ 562, 566, 1411, 1951, 1977, 2241 HB 174-- Urban Redevelopment Law; revise terminology from slums to pockets of blight; provisions .................................. 1341, 1349, 1390, 1412, 1957, 1958 HB 177-- Social services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide ...................................................................................... 658, 664, 2014, 2016, 2173, 2193 HB 180-- War Veterans' Home; residency requirements to qualify for admission; revise............................................................. 1295, 1349, 2016, 2483, 3427, 3331 HB 181-- Marshallville, City of; filling a vacancy in the office of mayor or councilmember; revise manner ............................ 171, 175, 552, 555 HB 183-- Home Care Patient Protection Act; enact ................................. 787, 793, 2014, 2016, 2173, 2195 HB 184-- Banking and finance; extensively revise Title 7; provisions.................................................................................. 739, 747, 1209, 1363, 1400, 1944 HB 185-- Insurance; Standard Valuation Law; extensively revise........... 739, 747, 1389, 1412, 2162, 2240, 2479, 2532, 3618 HB 187-- Flowery Branch, City of; provide corporate boundaries ............ 171, 175, 798, 801 HB 188-- Lanier County; board of commissioners; revise districts .... 172, 175, 552, 555 HB 189-- Lanier County; Board of Education; revise districts ........... 172, 176, 552, 556 HB 190-- Insurance; provide requirements for transportation network companies and their drivers; provisions ..................... 787, 793, 2160, 2163, 2480, 2616, 3561 HB 192-- Financial transaction cards; provide for the prosecution of unlawful use of government purchasing cards; provisions.................................................................................. 787, 793, 2162, 2163, 2478, 2492, 3394, 3997 HB 195-- Pharmacists and pharmacies; substitutions of interchangeable biological products; provide...................................... 788, 794 4226 INDEX HB 197-- Debtor-Creditor Uniform Law Modernization Act of 2015; enact ................................................................................ 740, 747, 2240, 2243, 2481, 2760, 4066 HB 198-- Jason Flatt Act-Georgia; enact.................................................. 605, 609, 1410, 1951, 1984, 2003 HB 199-- Timber harvesting; require notice only in an approved form; provisions ........................................................................ 677, 680, 1411, 1951, 2024, 2028 HB 200-- Income tax credit; change amount of credit for electric vehicle chargers; provisions ................................................................ 880, 886 HB 201-- Public utilities; telephone system for the physically impaired; provisions ........................................................................ 1339, 1349 HB 202-- Revenue and taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions ............. 634, 642, 2160, 2163, 2250, 2251, 2322, 2664, 2742, 3264, 3279, 4067, 4121, 4123 HB 203-- Bishop, Town of; provide a new charter ............................. 172, 176, 569, 573 HB 204-- Civil Practice Act; opposing affidavits shall be served in motions for summary judgment; change provisions ................... 1180, 1195 HB 206-- Uniform rules of the road; procedure for passing sanitation vehicles; provide ...................................................... 677, 681, 1389, 1412, 2483, 3331, 3562, 3900 HB 207-- Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions .................................................................... 740, 748, 2015, 2016 HB 209-- Georgia Special Needs Scholarship Act; notification of parents of eligible students as to scholarship options; revise provisions ................................................................... 1339, 1349, 2160, 2163, 2480, 2683, 3604 HB 210-- Drivers' licenses; provide for dissemination of certain information by the Department of Driver Services; provisions.................................................................................. 740, 748, 1389, 1412, 2483, 3331 INDEX 4227 HB 211-- Controlled substances; Schedule I, III, and IV; change certain provisions ...................................................................... 689, 697, 935, 1209, 1377 HB 212-- Pain management clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision ............................................. 926, 931 HB 213-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions............................................... 881, 886, 1391, 1412, 2484, 3331, 3534, 3538 HB 214-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to Commissioner of Department of Transportation until 2017; provide ......................... 881, 886 HB 215-- Homestead Option Sales Tax Act; enact .................................. 926, 932, 1950, 1978, 2022, 2024, 2029, 2682 HB 217-- Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize ................... 677, 681, 1977, 2016, 2483, 3331, 3438 HB 221-- Ad valorem tax; property; change certain definitions .......... 1325, 1350, 2242, 2243, 2478, 2483, 3331 HB 225-- Local government; regulate transportation for hire; provisions.............................................................................. 1180, 1195, 1412, 1951, 1977, 2015, 2173, 2196, 2665, 3894 HB 227-- Sales and use tax; programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; remove........................ 605, 610, 1209, 1363 HB 230-- Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide............................... 1341, 1350 HB 232-- State Board of Hearing Aid Dealers and Dispensers; change certain provisions...................................................... 1180, 1196, 2161, 2163, 2484, 3331, 3384 4228 INDEX HB 233-- Georgia Uniform Civil Forfeiture Procedure Act; enact .......... 741, 748, 1389, 1412, 2480, 2621, 3412 HB 234-- Tax collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include....................................................................... 741, 749, 1389, 1412, 2478, 2480, 2623 HB 237-- State income tax; angel investor tax credit; extend .............. 1181, 1196, 2160, 2163, 2250, 2251, 2321 HB 238-- Sales and use tax; tangible personal property used for or in renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of Internal Revenue Code; provide exemption................................................................. 1181, 1196 HB 245-- Condominiums; amount permissible as a special assessment fee; change ......................................................... 1295, 1350, 1969, 2015, 2016, 2484, 3331, 3416 HB 246-- Accountants; provide for powers and actions granted to other licensing boards; provisions ............................................ 677, 681, 1209, 1363, 1400, 1401, 1967, 2155, 3741 HB 251-- Americus, City of; provide for a city manager ........................... 543, 550, 892, 895 HB 252-- J. Calvin Hill, Jr., Act; enact..................................................... 788, 794, 1975, 2016, 2173, 2215 HB 253-- Real estate appraisers; requirements for establishment and maintenance of a real estate appraisal management company; change certain provisions......................................... 926, 932, 2161, 2163, 2250, 2277, 2665 HB 254-- Waycross, City of; change the term recorder to judge of municipal court; rename the police court as the municipal court; provisions ...................................................... 543, 550, 1362, 1368, 1947 HB 255-- State purchasing; equal credits be given to certain forestry certification systems when using green building standards in state construction operation, repair, and renovation projects; require ...................................................... 927, 932, 1975, 2016, 2251, 2378 INDEX 4229 HB 256-- Georgia Firefighters' Pension Fund; provide new definitions; provisions............................................................... 678, 682, 1977, 2016 HB 257-- Decatur County; restate provisions of said Act ................... 544, 551, 584, 588 HB 258-- Decatur County; office of treasurer; abolish ....................... 544, 551, 584, 588 HB 259-- Georgia Business Act; enact ................................................. 1181, 1196, 1975, 2016, 2250, 2276 HB 261-- Alcoholic beverages; sale during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; provide............. 689, 697, 1390, 1412, 2484, 3331 HB 263-- Criminal Justice Coordinating Council; allow council to receive and distribute federal Department of Justice grants; provide advisory board to council for juvenile justice issues; provisions....................................................... 1181, 1197, 1976, 2016, 2173, 2216, 2666 HB 266-- Retirement and pensions; investment authority of local retirement systems; correct certain provisions ......................... 678, 682, 1977, 2016, 2484, 3331, 3387, 3560, 3902 HB 268-- Child abuse; mandatory reporters; change provisions.......... 1252, 1350, 2161, 2163, 2482, 3331, 3441, 3768 HB 275-- Income tax; claimant agency; revise definition ........................ 818, 822, 2242, 2243, 2478, 2484, 3331, 3602 HB 276-- Alcoholic beverages; modernize certain terms; provisions.................................................................................. 818, 822, 1390, 1412, 2024, 2049 HB 277-- Sales and use tax; value all flooring samples at the same rate for purposes of fair market value....................................... 927, 932, 1950, 1978, 2250, 2251, 2317 HB 278-- Public Employee Hazardous Chemical Protection and Rights to Know Act of 1988; transfer responsibility to Safety Fire Commissioner; provisions.................................. 1182, 1197, 1950, 1978, 2251, 2316 HB 279-- Public officers and employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions.......................................................... 1182, 1197, 2013, 2016, 2478, 2495, 3411, 3953 4230 INDEX HB 288-- Behavioral Health Coordinating Council; two additional members to serve on council; provide .................................. 1182, 1198, 2240, 2243, 2484, 3331, 3564 HB 292-- Revenue and taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law................................................................................. 595, 610, 737, 753, 805, 806, 884 HB 294-- Stockbridge, City of; levy an excise tax ..................................... 562, 567, 666, 670 HB 296-- Scholarship program; special needs students; expand eligibility.............................................................................................. 927, 933 HB 297-- Professional licensing boards; make designations for the receipt and processing of applications for examination; provide ............................................................ 1231, 1351, 2161, 2163 HB 298-- Certified process servers; sunset and legislative review provisions; repeal ................................................................................. 634, 642 HB 299-- Contracts; provide for definitions; provisions ...................... 1341, 1351, 2014, 2016, 2173, 2226 HB 300-- DeKalb County State Court; establish traffic division of said court; provisions .................................................................. 563, 567, 611, 613, 718 HB 301-- DeKalb County Magistrate Court; provide a solicitor; provisions.................................................................................... 563, 567, 666, 670 HB 302-- DeKalb County; Chief Magistrate and other judges; increase and establish salaries .................................................... 563, 568, 666, 670, 718 HB 303-- Uninsured motorist coverage; recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; change provisions......................................................................................... 1182, 1198 HB 304-- Criminal procedure; fixing of sentence; clarify service of consecutive sentences....................................................... 1183, 1198, 2161, 2163 HB 305-- Sandersville School Building Authority Act; enact.................... 634, 643, 724, 727 HB 307-- Sandersville, City of; election of members of city council; change provisions ......................................................... 689, 698, 752, 757 INDEX 4231 HB 308-- Income tax; revise tax credit for rehabilitation of historic structures; provisions ............................................... 1183, 1199, 2160, 2163, 2478, 2479, 2603, 3412, 3928 HB 310-- Penal institutions; create Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; provisions ............................................................... 1183, 1199, 1976, 2016, 2251, 2311 HB 312-- Tobacco products; manufacturers and importers; remove certain bonding requirements ...................................... 819, 822, 2160, 2163, 2478, 2481, 2757 HB 313-- Public employees; limited paid leave for purpose of promoting education; authorize ............................................ 1183, 1199, 2160, 2163, 2251, 2313, 2737 HB 314-- Professions and businesses; State Board of Barbers and State Board of Cosmetology; combine ................................. 1184, 1199, 2161, 2163, 2251, 2313 HB 315-- Technical and adult education; change name of Technical College System of Georgia to Georgia Career College System; provisions ................................................................. 788, 794 HB 316-- Professional corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide ................................................ 741, 749, 2014, 2016, 2484, 3331, 3420 HB 319-- Taxes; provide for legislative findings relating to gasoline and aviation fuel; provisions .................................. 1184, 1200, 2242, 2243, 2478, 2481, 2758 HB 320-- Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions.................................................................................. 634, 643, 1411, 1951, 1984, 2004, 2417, 3720 HB 322-- Property; witnessing requisites of deeds, mortgages, and bills of sale; change and clarify provisions.................... 1239, 1351, 2161, 2163, 2478, 2506, 3604 4232 INDEX HB 325-- Safety belts; definition of term passenger vehicle; modify....................................................................................... 741, 749, 1950, 1978, 2024, 2049 HB 328-- Adult offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions.................................................................................. 881, 886, 1976, 2016, 2250, 2282, 2737 HB 329-- Kennesaw, City of; corporate limits; change provisions ............ 635, 643, 724, 727 HB 339-- Income tax credit; film, video or digital production; extend........................................................................................ 819, 823, 2160, 2163, 2478, 2481, 2706, 3768 HB 340-- Alcoholic beverages; sales on Sunday during Saint Patrick's Day holiday period; change certain provisions..................... 742, 749 HB 341-- Buildings and housing; certain qualified inspectors may be certified by Building Officials' Association of Georgia; provide ................................................................... 1184, 1200, 2161, 2163, 2484, 3331, 3571, 3911 HB 342-- Nursing homes; violation of certain regulations shall not constitute negligence per se; provide.............................. 1251, 1352, 2014, 2016, 2250, 2279, 2682 HB 343-- Lamar County; Board of Education; members elected on nonpartisan basis; provide .......................................................... 1231, 1352 HB 345-- Hogansville, City of; filling of vacancies in office of mayor or councilmember; provide certain procedures ............. 635, 644, 1390, 1398 HB 347-- Interest and usury; interest on certain domestic relations cases; clarify provisions........................................................ 1184, 1200, 2015, 2016, 2173, 2227 HB 348-- Labor; create State Workforce Development Board; provisions.................................................................................. 819, 823, 1389, 1412, 1984, 2006 HB 352-- Criminal procedure; change provisions relating to discovery in misdemeanor cases; provisions........................ 1184, 1201, 2161, 2163, 3331, 2483 HB 353-- Nonpublic postsecondary educational institutions; revise definitions; revise provisions ......................................... 927, 933, 1411, 1951, 2173, 2229 INDEX 4233 HB 361-- Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions.............................................................................. 1185, 1201, 1976, 2016, 2482, 3331, 3417 HB 362-- Student health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize..................................... 742, 750, 1388, 1412, 2251, 2380 HB 366-- Employment of minors; issuance of employment certificates; change certain provisions...................................... 881, 887, 1389, 1412, 1957, 1959 HB 368-- Construction; glass installations; repeal and reserve Part 5 of said article.......................................................................... 882, 887, 1390, 1412, 1957, 1960 HB 369-- Sales and use tax; distribution for educational purposes; change certain provisions................................................................. 1239, 1352 HB 370-- Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions.............................................................................. 1281, 1352, 1975, 2016 HB 371-- Lake Park, City of; election and terms of office of mayor and councilmen; provide ................................................. 635, 644, 724, 727 HB 372-- Utopian Academy for the Arts Act; enact ................................ 882, 887, 2160, 2163, 2481, 2740, 3412, 3890 HB 374-- Ad valorem tax; certain leased farm equipment; clarify an exemption......................................................................... 1185, 1201, 2242, 2243, 2478, 2483, 3331, 3413, 3618 HB 375-- Motor vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre .................................................................. 1251, 1353, 1976, 2016, 2483, 3331 HB 379-- Porterdale, City of; Redevelopment Powers Law; provide a referendum .................................................................. 635, 644, 724, 728 HB 380-- Troup County Community Improvement Districts Act; enact .......................................................................................... 636, 644, 2015, 2020 4234 INDEX HB 385-- Health records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility............................................................................. 927, 933, 1975, 2016, 2481, 2739 HB 386-- Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal........... 928, 934, 1975, 2016, 2481, 2740 HB 388-- Wilcox County; Probate Court; judge also serves as chief magistrate of Magistrate Court on or after June 1, 2015; provisions.......................................................................... 690, 698, 752, 757 HB 393-- Motor vehicles fair practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception ....................................... 1341, 1353, 1950, 1978, 2023, 2024 HB 394-- Georgia Board of Nursing; revise provisions relating to powers and duties; provisions................................................... 742, 750, 2014, 2016, 2252, 2384 HB 396-- Revenue and taxation; clarify penalty for failure to file return or pay revenue held in trust for the state; provisions.............................................................................. 1185, 1202, 2242, 2243 HB 397-- State Soil and Water Conservation Commission; revise provisions ................................................................................. 928, 934, 1975, 2016, 2173, 2174, 2416 HB 398-- Monticello, City of; dissolve municipal court ............................ 690, 698, 798, 802 HB 400-- Clermont, Town of; completely revise charter ........................... 690, 698, 798, 802 HB 401-- Early care and learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions.............................................................................. 1342, 1353, 1975, 2016, 2483, 3331, 3392 HB 403-- Washington County; board of elections and registration; create and provide powers and duties ......................................... 690, 699, 752, 757 HB 404-- Glascock County; office of county treasurer; abolish ................ 690, 699, 752, 757 INDEX 4235 HB 408-- Excise tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities........................................................................ 1186, 1202, 2242, 2243, 2478, 2482, 3331 HB 409-- Insurance; reimbursement for treatment of burns for skin substitutes utilizing cryopreserved cadaver derived skin tissue; provide ............................................................... 1340, 1354, 2240, 2243, 2484, 3331, 3440 HB 410-- Cobb County; State Court; change compensation of judges .......................................................................................... 691, 699, 935, 939 HB 412-- Workers' compensation; change certain provisions ................. 819, 823, 1389, 1412, 2479, 2609 HB 413-- Cherokee County; board of commissioners; candidates shall have resided within respective district from which they seek election for period of at least 12 months immediately preceding election; provide.............................. 691, 699, 752,758 HB 416-- Consumer Information and Awareness Act; enact ............... 1340, 1354, 2014, 2016, 2483, 3331, 3418 HB 418-- Grand jurors; prohibit certain individuals from serving; provisions.............................................................................. 1282, 1354, 2015, 2016 HB 424-- LaFayette, City of; levy an excise tax .................................. 1380, 1385, 1951, 1954 HB 425-- Americus, City of; provide for a city manager; provisions............................................................................. 691, 700, 752, 758 HB 426-- Sales and use tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions ....... 1240, 1354, 2242, 2243, 2478, 2483, 3331, 3428, 3768 HB 428-- Sales and use tax; tangible personal property used for or in the renovation or expansion of an aquarium; provide state and local sales tax exemption ....................................... 1186, 1202, 2242, 2243, 2478, 2479, 2528, 3433, 3901 4236 INDEX HB 429-- Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; certain insurance coverage of autism spectrum disorders; provide ...................................... 1325, 1355, 2240, 2243, 2478, 2485, 3433 HB 431-- Lowndes County; levy an excise tax ................................... 691, 700, 752, 758 HB 432-- Annexation of territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another municipality which are effective on the same day do not create a prohibited unincorporated island; provide............................ 1342, 1355, 2162, 2163, 2252, 2385, 2759 HB 436-- Georgia HIV/Syphilis Pregnancy Screening Act of 2015; enact ............................................................................ 1276, 1355, 2014, 2016, 2482, 3331, 3395, 3768 HB 439-- Georgia New Markets Jobs Act; enact ................................. 1186, 1202, 2160, 2163, 2250, 2251, 2361, 3947, 4035 HB 443-- Voluntary Veterans' Preference Employment Policy Act; enact .............................................................................. 1251, 1356, 2016, 2250, 2275 HB 447-- Macon Water Authority Act; change compensation of members; provisions ................................................................... 716, 721, 798, 802 HB 448-- Barrow County; Board of Education; time to appoint a member to a vacancy on board; revise provision ....................... 716, 721, 798, 802 HB 449-- Barrow County; ad valorem tax; eliminate requirement to submit a new application for the exemption in the year following a reevaluation ..................................................... 717, 722, 798, 804 HB 452-- Protective Order Registry Act; enact .................................... 1340, 1356, 2161, 2163, 2252, 2399, 2666 HB 453-- Kingsland, City of; election of mayor and council by majority vote; provide................................................................. 717, 722, 798, 803 HB 454-- Kingsland, City of; holding of elections in evennumbered years; provide............................................................. 717, 722, 798, 803 INDEX 4237 HB 457-- Ad valorem tax; watercraft held in inventory; exempt......... 1186, 1203, 2160, 2163, 2250, 2251, 2376, 3946 HB 461-- Secondary metals recyclers; buying and selling of regulated metal property; change certain provisions ............ 1187, 1203, 2161, 2163, 2479, 2583, 3604 HB 464-- Income tax; water conservation facilities and a shift from ground-water usage; sunset tax credit.......................... 1187, 1203, 2242, 2243, 2478, 2480, 2680 HB 465-- Putnam County; levy an excise tax............................................. 717, 722, 798, 803 HB 468-- Mount Zion, City of; provide a new charter ............................... 718, 723, 798, 803 HB 470-- The Pharmacy Audit Bill of Rights; change certain provisions.............................................................................. 1326, 1356, 1976, 2016, 2480, 2666, 3561 HB 474-- Charter schools; enrollment priorities for educationally disadvantaged students and military students; provide ........ 1276, 1357, 2160, 2163, 2483, 3331 HB 475-- Feral Hog Control Act; enact................................................ 1342, 1357, 2241, 2243, 2480, 2673, 3562 HB 476-- Fulton County Industrial District; repeal amendment; provisions.............................................................................. 1252, 1357, 3342, 3343, 3350 HB 477-- Abandoned public road property; notice and right to acquire when located within a subdivision; provide ................ 928, 934, 1390, 1412, 1957, 1962, 2417 HB 478-- Candler County; Board of Commissioners; provide staggered terms ........................................................................... 788, 795, 837, 843 HB 479-- The City of Forsyth Convention and Visitors Bureau Authority; enact ........................................................................ 789, 795, 1390, 1398 HB 489-- Cherokee County; State Court; appointment of solicitor-general investigators; provide ...................................... 789, 795, 837, 843 4238 INDEX HB 490-- Blue Ridge Judicial Circuit; appointment of district attorney investigators; provide ................................................... 789, 795, 892, 896 HB 492-- Crimes and offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions................................................. 928, 934, 2161, 2163, 2252, 2403, 2738 HB 493-- Brunswick, City of; Redevelopment Powers Law; provide a referendum .................................................................. 789, 796, 837, 843 HB 495-- Peachtree City, City of; Redevelopment Powers Law; provide a referendum .................................................................. 790, 796, 837, 843 HB 496-- Ad valorem tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide ............................................................................................. 1232, 1357 HB 502-- Elementary and secondary education; update and clarify provisions and repeal obsolete provisions ............................ 1187, 1203, 2160, 2163, 2480, 2624, 3561 HB 504-- Health; vaccination against meningococcal disease of college students; revise provisions ........................................... 882, 888, 2014, 2016, 2252, 2388, 3446 HB 505-- Physical therapists; licensure and regulations of therapists and therapy assistants; revise various provisions.............................................................................. 1326, 1358, 2014, 2016, 2174, 2250, 2252, 2760 HB 510-- Georgia Sports Commission Fund; create; provisions ......... 1342, 1358, 2014, 2016, 2481, 2734, 3446 HB 511-- Pharmacists and pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; provide minimum standards ............ 1187, 1204, 2240, 2243, 2481, 2726, 3897, 3947 HB 512-- Mental health; governing and regulation; change certain terminology and provisions .................................................. 1187, 1204, 2240, 2243, 2481, 2756 INDEX 4239 HB 514-- South Fulton, City of; Fulton County; incorporate............... 1252, 1358, 2450, 2460, 2464, 2476, 3481 HB 515-- Tucker, City of; DeKalb County; incorporate ...................... 1188, 1204, 1412, 1951, 2024, 2104, 2737, 3382, 3431, 3440, 3839, 3899 HB 516-- Effingham County School District; board of education; change compensation for members .......................................... 882, 888, 1209, 1215 HB 517-- Echols County; board of education; provide nonpartisan elections ................................................................................ 1188, 1204, 1362, 1368 HB 518-- Satilla Regional Water and Sewer Authority; selection of members; revise manner....................................................... 883, 888, 1209, 1215 HB 520-- LaVista Hills, City of; DeKalb County; incorporate ............ 1188, 1205, 1412, 1951, 2024, 2050, 2738, 3342, 3394, 3415, 3792, 3899 HB 521-- Fulton County; ad valorem tax; exemption amount to $60,000 after two-year phase-in period; increase................................ 883, 889 HB 522-- Fulton County; homestead exemption to $30,000 after a two-year phase in for certain residents 70 or older; change .................................................................................................. 883, 889 HB 523-- Waycross, City of; change corporate limits.......................... 1188, 1205, 1362, 1368 HB 524-- Trade names; require registration with clerk of superior court; provisions ................................................................... 1188, 1205, 2240, 2243, 2483, 3331, 3421, 3619 HB 526-- Talbotton, City of; Talbot County; reincorporate..................... 883, 889, 1209, 1215 HB 527-- Counties; provide budget for population of two hundred thousand or more; repeal Act................................................ 1188, 1205, 2242, 2243 HB 528-- Chickamauga, City of; city manager and chief of police; revise duties and responsibilities .............................................. 884, 889, 1209, 1215 HB 531-- Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions................ 1295, 1358, 2015, 2016 4240 INDEX HB 532-- Cobb County; powers of improvement districts; add a certain provision ................................................................... 1189, 1206, 1390, 1399 HB 533-- Randolph County; Board of Commissioners; change compensation of chairperson and other members ................ 1189, 1206, 1362, 1368 HB 535-- Alcoholic beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide............................. 1282, 1359, 2161, 2163 HB 537-- Medical assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions...................................................... 1326, 1359 HB 540-- Interstate cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members............................. 1189, 1206, 1411, 1951 HB 545-- Sumner, Town of; four-year terms for mayor and councilmembers; provide...................................................... 1189, 1206, 1362, 1369 HB 546-- McIntosh County; board shall consist of five members; provide .................................................................................. 1190, 1207, 1362, 1369 HB 547-- Estates; taxes and tax liens; change provisions .................... 1343, 1359, 2240, 2243 HB 550-- Burke County Economic Development Authority; repeal Act ............................................................................. 1190, 1207, 1362, 1369 HB 551-- Public officers and employees; voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program; authorize ................................................................ 1343, 1360, 1390, 1412, 2251, 2382 HB 552-- Insurance; provide changes to the captive insurance company provisions; add definitions .................................... 1296, 1360, 2160, 2163, 2479, 2574, 3768 HB 553-- Forsyth, City of; provide a new charter ................................ 1190, 1207, 1390, 1399 INDEX 4241 HB 554-- Henry County; Board of Commissioners; authority, roles, and responsibilities of chairperson, board of commissioners and county manager; define......................... 1190, 1207, 1390, 1412, 1957, 1965 HB 559-- McDuffie County; board of elections and registration; increase membership of board .............................................. 1380, 1385, 1977, 1981 HB 565-- Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate .................... 1282, 1360 HB 566-- State house districts; boundaries of certain districts; revise ..................................................................................... 1190, 1208, 2241, 2243, 2479, 2567 HB 567-- Alimony and child support; jurisdiction of courts that hear contempt proceedings; expand...................................... 1343, 1361, 2161, 2163, 2482, 3331, 3386 HB 568-- Paternity; testing in certain cases; revise provisions ............ 1343, 1361, 2161, 2163, 2482, 3331, 3565, 3769 HB 570-- Milton, City of; change description of election districts ...... 1380, 1385, 1951, 1954 HB 571-- Sandy Springs, City of; levy an excise tax ........................... 1381, 1385, 2162, 2167 HB 573-- Twiggs County; Board of Commissioners; compensation and expenses of members; change provisions.............................................................................. 1381, 1386, 1412, 1416 HB 574-- Twiggs County; manner of fixing compensation of employees of sheriff's office; change ................................... 1381, 1386, 1412, 1416 HB 575-- Payne, City of; abolish.......................................................... 1381, 1386, 1412, 1416 HB 576-- Broxton, City of; four-year terms for mayor and members of city council; provide ......................................... 1382, 1386, 1951, 1954 HB 577-- Rockdale County; Redevelopment Powers Law; provide a referendum ............................................................ 1382, 1387, 1951, 1955 HB 580-- Columbus, City of; Recorder's Court; increase amount of technology fee .................................................................. 1382, 1387, 1951, 1955 4242 INDEX HB 582-- Coweta County Water and Sewerage Authority; members of authority; change terms..................................... 1382, 1387, 1951, 1955 HB 583-- Cobb County; tax commissioner; change compensation of certain employees ............................................................. 1382, 1387, 1951, 1955 HB 584-- Cobb County; Board of Commissioners; compensation of chairperson and other commissioners; change provisions.............................................................................. 1383, 1388, 2242, 2247 HB 589-- Cobb County; Probate Court; change compensation of judge...................................................................................... 1403, 1407, 2242, 2247 HB 594-- Baldwin County; levy an excise tax ..................................... 1403, 1408, 1977, 1981 HB 595-- Fulton County; county-wide library system; specify name for system; provisions ................................................. 1383, 1388, 2162, 2167 HB 596-- DeKalb County; homestead exemption; modify time limitation on exemption ........................................................ 2231, 2237, 2450, 2461 HB 597-- DeKalb County; board of commissioners; change jurisdiction of Board of Ethics.............................................. 1404, 1408, 1977, 1981 HB 598-- DeKalb County; board of commissioners; provide for the manner of purchasing...................................................... 1404, 1408, 1977, 1982 HB 599-- DeKalb County; board of commissioners; provide for independent internal audits ................................................... 1404, 1408, 1977, 1982 HB 600-- Cobb County; State Court; revise compensation of solicitor-general .................................................................... 1404, 1409, 2242, 2247 HB 601-- Carroll County; sales tax for educational purposes; method of distribution of net proceeds; provide................... 1405, 1409, 2162, 2168 HB 602-- Fulton County; Board of Education; contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; provide ............................................................................................. 1405, 1409 HB 603-- Fulton County; Board of Education; provide disability pension benefit eligibility for new plan members in certain instances; provisions ............................................................ 1405, 1410 INDEX 4243 HB 617-- Cobb County; State Court; raise compensation of chief deputy clerk and clerk of court; provisions .......................... 1946, 1949, 2242, 2248 HB 618-- Seminole County; Board of Education; provide compensation of chairperson and members.......................... 1970, 1973, 2162, 2168 HB 619-- Cochran/Bleckley Airport Authority Act; enact................... 1970, 1973, 2242, 2248 HB 623-- Macon Water Authority Act; ability to operate a storm water utility; provide............................................................. 1970, 1973, 2162, 2168, 3356 HB 625-- Athens, City of; Clarke County; school district; superintendent to purchase supplies, hire labor, and make repairs to facilities; provide authority .................................... 1971, 1974 HB 626-- Lakeland, City of; provide a new charter ............................. 1971, 1974, 2162, 2168 HB 627-- Lake Allatoona Preservation Authority; repeal Act ............. 2154, 2158, 3342, 3343 HB 631-- Cherokee County; Board of Ethics; define a term................ 2009, 2012, 2162, 2169 HB 632-- South Cobb Development Authority Act; change definition of certain terms..................................................... 2272, 2306, 2450, 2461 HB 634-- Lawrenceville, City of; amend corporate boundaries........... 2009, 2012, 2162, 2169 HB 636-- Vidalia, City of; levy an excise tax....................................... 2009, 2013, 2162, 2169 HB 637-- Hazlehurst, City of; provide a new charter ........................... 2010, 2013, 2162, 2169 HB 639-- Pickens County; Magistrate Court; clerk; appointed by and serve at pleasure of chief magistrate .............................. 2154, 2159, 2242, 2248 HB 640-- Gwinnett Judicial Circuit; salary supplements for judges; change provisions..................................................... 2272, 2307, 3342, 3344, 3346, 3350 HB 641-- Spalding County; levy an excise tax................................................ 2154, 2159 HB 642-- Putnam County; Magistrate Court; revise number, manner of selection, and compensation of judges ................ 2155, 2159, 2242, 2249 HB 643-- Warner Robins, City of; resolution passed by city council; change a reference................................................... 2231, 2238, 2450, 2462 4244 INDEX HB 644-- Warner Robins, City of; ad valorem tax; filing an application for homestead exemption; change date.............. 2232, 2238, 2450, 2462 HB 646-- Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary...................................... 2272, 2307 HB 647-- Clayton County; chief magistrate; change salary ............................ 2273, 2307 HB 648-- Clayton County; sheriff; change provisions relating to compensation ................................................................................... 2273, 2307 HB 650-- Atlanta, City of; public safety access assessments; provide .................................................................................. 2273, 2308, 3353, 3361, 3366, 3763 HB 651-- Paulding County; board of education; change method of filling vacancies .................................................................... 2232, 2238, 2450, 2462 HB 652-- Perry Public Facilities Authority Act; enact ......................... 2232, 2238, 2450, 2463, 3356 HB 655-- Fulton County; Magistrate Court; provide court administrator be chief magistrate or his or her designee; provisions.............................................................................. 2232, 2239, 2450, 2463 HB 656-- Dodge County; office of Commissioner; change description of districts........................................................... 2233, 2239, 2450, 2463 HB 657-- Greene County Family Connection Commission; repeal an Act .................................................................................... 2233, 2239, 3342, 3344 HB 658-- DeKalb County; community improvement districts may be created within municipalities; change certain provisions......................................................................................... 2273, 2308 HB 661-- Clarkston, City of; change corporate limits .......................... 2274, 2308, 3342, 3344, 3946 HB 662-- Avondale Estates, City of; change corporate limits ............. 2274, 2308, 3342, 3345, 3350, 3616 HB 663-- Decatur, City of; change corporate limits........................................ 2274, 2309 HB 664-- Griffin, City of; levy an excise tax ....................................... 2274, 2309, 2450, 2464 HB 668-- Peachtree City Public Facilities Authority; modify a definition; add an additional power ...................................... 2274, 2309, 2450, 2464 HB 669-- Chatham County; provide for compensation of certain officials ................................................................................. 2417, 2450, 3353, 3360, 3946 INDEX 4245 HB 674-- Catoosa County; State Court; create..................................... 2275, 2309, 3342, 3345 HB 675-- Gilmer County; coroner and deputy coroner; provide compensation ........................................................................ 2275, 2310, 3342, 3345 4246 INDEX HOUSE RESOLUTIONS HR 6-- House convened; notify Senate ..................................................................... 22 HR 9-- Joint session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers..................... 21, 22, 23 HR 10-- Joint session; message from Governor .............................................. 22, 34, 50 HR 11-- Joint session; message from Chief Justice of the Supreme Court ................................................................................. 22, 34, 132 HR 19-- Adjournment; relative to ............................................................ 49, 64, 66, 103 HR 36-- State highway system; dedicate certain portions .................. 1276, 1361, 1978, 2016, 2480, 2684, 3562 HR 103-- Georgia's Day of Coding; December 10; recognize ............... 85, 87, 116, 129, 1377, 1378 HR 215-- Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate ................................................................... 1276, 1361, 1978, 2016, 2478, 2485 HR 304-- Georgia's technical schools, colleges and universities; expand gerontology and dementia education and training; encourage ................................................................... 692, 700, 1411, 1951, 2174, 2459 HR 319-- Runion, Elrey "Bud" and June; condolences ....................................... 544, 572 HR 394-- Sales and use tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide ................... 1191, 1208 HR 395-- Joint Georgia-Alabama Study Committee; create ...................... 820, 824, 935, 1209, 2453, 3605 HR 419-- United States Congress; extend authorization for Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; encourage .................................................................... 2010, 2013, 2241, 2243, 2459 HR 480-- Malnutrition Awareness Week in the State of Georgia; September 28 -October 2, 2015; recognize ......................................... 678, 704 HR 519-- Mixon, Mr. Harry; Mr. Brad Dorminy; name building in their honor; recognize ....................................................... 1276, 1362, 2163, 2477 HR 730-- Latino Media Day at the capitol; March 24, 2015; commend.......................................................................................... 1947, 1953 HR 857-- Dalton State College basketball team; winner 2015 NAIA national championship game; congratulate .......................... 2448, 2452 INDEX 4247 HR 885-- State of Georgia, Georgia Department of Transportation and electric utility companies; consider allowing use of their existing rights of way for pipeline expansion; request .............................................................................................. 2738, 3360 4248 INDEX PART III ALPHABETIC INDEX A ABANDONMENT, MOTOR VEHICLES Georgia Road Safety and Driver's License Integrity Act; provide persons who possess lawful alien status are only category of noncitizens; provisions ................................................................................................................... SB 6 ACCOUNTANTS Accountants; provide for powers and actions granted to other licensing boards; provisions ...................................................................................................HB 246 ACWORTH, CITY OF Acworth, City of; adopt by reference a certain map ...............................................SB 216 Acworth, City of; change the corporate boundaries ................................................SB 217 AD VALOREM TAX Ad Valorem Tax; certain leased farm equipment; clarify an exemption ................HB 374 Ad Valorem Tax; certain persons from penalties for failure to timely pay tax; exempt................................................................................................................HB 94 Ad Valorem Tax; property; change certain definitions ...........................................HB 221 Ad Valorem Tax; economic development incentive programs; create ...................SB 239 Ad Valorem Tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide.............................................................................................HB 496 Ad Valorem Tax; watercraft held in inventory; exempt ........................................HB 457 Revenue and Taxation; electronic service of certain notices; provide .....................HB 49 Revenue and Taxation; modify certain provisions relating to tax executions ................................................................................................................. SB 97 Revenue and Taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions .......................HB 202 ADJOURNMENT Adjournment; relative to...........................................................................................HR 19 Adjournment; relative to..........................................................................................SR 167 ADMINISTRATIVE PROCEDURE Alcoholic Beverages; operation of company stores by distillers/brewers public can purchase limited quantities; limited conditions .................................... SB 174 INDEX 4249 Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Nonpublic Postsecondary Educational Institutions; revise definitions; revise provisions .....................................................................................................HB 353 Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 ADMINISTRATIVE SERVICES, DEPARTMENT OF Georgia Business Act; enact....................................................................................HB 259 State Purchasing; equal credits be given to certain forestry certification systems when using green building standards in state construction operation, repair, and renovation projects; require..................................................HB 255 AGRICULTURE Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate...............................................................................................HB 565 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Feral Hog Control Act; enact...................................................................................HB 475 State Soil and Water Conservation Commission; revise provisions .......................HB 397 AKTAS, ELVAN; addressed the Senate................................................................Page 685 ALCOHOLIC BEVERAGES Alcoholic Beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide .....................................................................................................................HB 535 Alcoholic Beverages; local control of distance requirements for grocery stores as to the retail sale of wine and malt beverages; provide...............................HB 85 Alcoholic Beverages; manufacturers of certain alcoholic beverages; certain quantities and types of such beverages for consumption on/off premises; provisions ................................................................................................. SB 63 Alcoholic Beverages; modernize certain terms; provisions ...................................HB 276 Alcoholic Beverages; operation of company stores by distillers/brewers public can purchase limited quantities; limited conditions .................................... SB 174 Alcoholic Beverages; persons who have all necessary licenses to sell alcoholic beverages; may purchase from retailers under certain conditions for resale ..................................................................................................................SB 153 Alcoholic Beverages; prohibit certain conduct related to alcohol; impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses ...........................................................................................HB 152 Alcoholic Beverages; provide for local control of distance requirements for grocery stores; locations near school buildings; local governing authority.................................................................................................................... SB 91 4250 INDEX Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 Alcoholic Beverages; sale during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; provide .....................................................................................................................HB 261 Alcoholic Beverages; sales on Sunday during Saint Patrick's Day holiday period; change certain provisions ............................................................................HB 340 Distilled Spirits; provide that an election superintendent shall hold referendum; governing authority of a municipality; permit or prohibit the manufacture .............................................................................................................SB 244 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Sales of Alcoholic Beverages on Sunday; allow for local authorization; consumption on the premises on Sundays during St. Patrick's Day holiday period .......................................................................................................................SB 103 Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels ..............................................................................HB 172 ALIMONY AND CHILD SUPPORT Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Alimony and Child Support; jurisdiction of courts that hear contempt proceedings; expand ................................................................................................HB 567 ALLEN, U.S. REPRESENTATIVE RICK; addressed the Senate ......................P..age 667 AMERICUS, CITY OF Americus, City of; provide for a city manager........................................................HB 251 Americus, City of; provide for a city manager........................................................HB 425 ANIMALS Animal Protection; payment of expenses while an animal impounded; create provisions ..................................................................................................... SB 173 Animal Protection; require inspection of certain animals entering into the state; provision........................................................................................................ SB 175 Animals; provide for liability protection for certain activities related to livestock; limitations................................................................................................SB 183 Dogs; provide breed-specific regulation shall be limited to enactment by general law...............................................................................................................SB 184 Feral Hog Control Act; enact...................................................................................HB 475 Game and Fish; trapping of raccoons in certain counties; repeal a provision ..................................................................................................................HB 160 INDEX 4251 Sales and Use Tax; tangible personal property used for or in the renovation or expansion of an aquarium; provide state and local sales tax exemption ................................................................................................................HB 428 State Symbols; designate white-tailed deer as official state mammal......................HB 70 APPEAL AND ERROR Georgia Code of Military Justice; enact ...................................................................HB 98 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 APPELLATE COURT Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 APPLING COUNTY Property Conveyance; authorizing 16 counties to convey property........................SR 266 APPROPRIATIONS AND FISCAL AFFAIRS General Appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 ................HB 76 Supplemental Appropriations; State Fiscal Year July 1, 2014 - June 30, 2015 ..........................................................................................................................HB 75 ARREST OF PERSONS Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 ARTS Utopian Academy for the Arts Act; enact ...............................................................HB 372 ATHENS, CITY OF Athens, City of; Clarke County; School District; Superintendent to purchase supplies, hire labor, and make repairs to facilities; provide authority...................................................................................................................HB 625 ATLANTA, CITY OF Atlanta, City of; change the corporate limits of such municipality.........................SB 214 Atlanta, City of; change the corporate limits of the city by annexing certain territory ......................................................................................................... SB 96 Atlanta, City of; extension of the corporate limits; repeal the amendment to Constitution of Georgia .......................................................................................SB 227 Atlanta, City of; public safety access assessments; provide...................................HB 650 ATTORNEY GENERAL Georgia Judicial Retirement System; preservation of rights by certain persons; change certain provisions ..........................................................................SB 243 4252 INDEX Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 ATTORNEYS Courts; certain activities involving real estate transactions; authorize ...................HB 153 AUTHORITIES Oconee River Greenway Authority; certain members to appoint a designee; allow .........................................................................................................HB 82 AVIATION Alcoholic Beverages; sale during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; provide .....................................................................................................................HB 261 Insurance; conspicuous notice and clear exclusion notices and guidance; provide ......................................................................................................................HB 84 Taxes; provide for legislative findings relating to gasoline and aviation fuel; provisions .......................................................................................................HB 319 AVONDALE ESTATES, CITY OF Avondale Estates, City of; change corporate limits ................................................HB 662 B BAIL; BONDS AND RECOGNIZANCES Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 Bonds and Recognizances; increase fees allowed for continuing education programs................................................................................................. SB 195 BALDWIN COUNTY Baldwin County; levy an excise tax .......................................................................HB 594 Milledgeville-Baldwin County; provide for unified government; provisions..................................................................................................................HB 67 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 BANKING AND FINANCE Banking and Finance; extensively revise Title 7; provisions .................................HB 184 Civil Practice Act; opposing affidavits shall be served in motions for summary judgment; change provisions ..................................................................HB 204 INDEX 4253 Code Revision Commission; revise, modernize, and correct errors of said Code ..........................................................................................................................HB 90 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Interest and Usury; interest on certain domestic relations cases; clarify provisions.................................................................................................................HB 347 BARBERS Professions and Businesses; State Board of Barbers and State Board of Cosmetology; combine ............................................................................................HB 314 BARROW COUNTY Barrow County; ad valorem tax; eliminate requirement to submit a new application for the exemption in the year following a reevaluation ........................HB 449 Barrow County; Board of Education; time to appoint a member to a vacancy on Board; revise provision........................................................................HB 448 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 BARTOW COUNTY Lake Allatoona Preservation Authority; repeal Act ................................................HB 627 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 BERRIEN COUNTY State Highway System; dedicate certain portions ....................................................HR 36 BISHOP, TOWN OF Bishop, Town of; provide a new charter ................................................................HB 203 BLASTING OR EXCAVATING NEAR UTILITY FACILITIES Blasting and Excavating Near Utility Facilities; prohibit local governing authorities from adopting ordinances ..................................................................... SB 191 BLECKLEY COUNTY Cochran/Bleckley Airport Authority Act; enact......................................................HB 619 BLIND PERSONS Scholarship Program; special needs students; expand eligibility............................HB 296 Special Needs Students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide .............................................................................HB 62 4254 INDEX BLUE KEY HONOR SOCIETY OF UNIVERSITY OF GEORGIA; President Wes Roberts addressed the Senate.........................................................P..age 118 BLUE RIDGE JUDICIAL CIRCUIT Blue Ridge Judicial Circuit; appointment of District Attorney investigators; provide...............................................................................................HB 490 Superior Courts of the Blue Ridge Judicial Circuit; amount of compensation; judges by the county; change provisions ....................................... SB 234 BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT Ad Valorem Tax; watercraft held in inventory; exempt ........................................HB 457 Alcoholic Beverages; modernize certain terms; provisions ...................................HB 276 Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels ..............................................................................HB 172 BROXTON, CITY OF Broxton, City of; four-year terms for Mayor and members of City Council; provide .....................................................................................................HB 576 BRUNSWICK, CITY OF Brunswick, City of; Redevelopment Powers Law; provide a referendum..............HB 493 BUFORD, CITY OF Buford, City of; provide for corporate boundaries ..................................................SB 197 BUILDINGS AND HOUSING Buildings and Housing; certain qualified inspectors may be certified by Building Officials' Association of Georgia; provide ...............................................HB 341 Code Revision Commission; revise, modernize, and correct errors of said Code ..........................................................................................................................HB 90 Construction; glass installations; repeal and reserve Part 5 of said article..............HB 368 BURKE COUNTY Burke County Economic Development Authority; repeal Act................................HB 550 BUSH, FORMER FLORIDA GOVERNOR JEB; addressed the Senate .........P..a..ge 1392 BUSINESS AND OCCUPATION TAXES Excise Tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities .............................................................HB 408 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Local Government; provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs; provisions................................. SB 201 INDEX 4255 BYRON, CITY OF Byron, City of; levy an excise tax ...........................................................................HB 148 C CANDIDATES Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Elections; write-in candidacy filings to include authorization by candidate if not done by candidate; require notice .................................................................HB 121 CANDLER COUNTY Candler County; Board of Commissioners; provide staggered terms .....................HB 478 CARROLL COUNTY Carroll County; sales tax for educational purposes; method of distribution of net proceeds; provide...........................................................................................HB 601 CARTER, U.S. REPRESENTATIVE BUDDY; addressed the Senate ...............P..age 724 CATOOSA COUNTY Catoosa County; State Court; create.......................................................................HB 674 Catoosa County; State Court; create....................................................................... SB 236 CELLULAR TELEPHONES Public Utilities; telephone system for the physically impaired; provisions ............HB 201 CENSUS Counties; provide budget for population of two hundred thousand or more; repeal Act .....................................................................................................HB 527 CHAPLAINS OF THE DAY Beach, The Most Reverend Dr. Foley ..................................................................Page 179 Brown, Reverend Dan..........................................................................................P..a..ge 2243 Collins, Jr., Pastor Elijah .......................................................................................P..age 839 Cooper, Dr. David................................................................................................Page 2017 Damelio, Reverend Anthony .................................................................................P..age 667 Ellis, Pastor Bob .................................................................................................Page 2164 Fender, Reverend John ............................................................................................Page 81 Franklin, Senior Pastor Jentezen...............................................................................Page 1 Galt, President Andrew............................................................................................Page 33 Gardner, Dr. Charles Z. .........................................................................................P..age 799 4256 INDEX Glover, Jr., Dr. Walter L. ....................................................................................P..a..ge 1979 Harper, Pastor Mona ..............................................................................................P..age 144 Harris, Pastor Marlin D..........................................................................................P..age 893 Hufton, Pastor Mirek .............................................................................................P..age 753 Hughes, Colonel James W. ....................................................................................P..age 936 Kirk, Senator Greg ...............................................................................................P.age 1392 Martin, Dr. Don ....................................................................................................Page 155 McCoy, Dr. Tim..................................................................................................Page 1952 Mosley, Reverend Randy.....................................................................................P..a..ge 1210 Mote, Reverend Dr. Donna S. ..............................................................................P..age 702 Neal, Former Representative Jay...........................................................................P..age 110 Perry, Dr. H. William...........................................................................................P..a..ge 3354 Powell, Reverend Arthur .....................................................................................P..a..ge 1413 Ripley, Sr., Dr. Joseph M.......................................................................................P..age 570 Robinson, Dr. William Holmes .............................................................................P..age 725 Rodgers, Reverend Michael B. ................................................................................Page 48 Rooks, Reverend Randy ........................................................................................P..age 646 Sadler, Sr., Dr. Aldren ...........................................................................................P..age 585 Shepard, Pastor Scott W. .........................................................................................Page 62 Shortell, Reverend Bruce.......................................................................................P..age 130 Spinrad, Rabbi David.............................................................................................P..age 612 Steed, Dr. Ralph..................................................................................................Page 2451 Tate, Dr. Benny.............................................................................................Pages 74, 685 Thomas, Jr., Reverend Norman ...........................................................................P..a..ge 1363 Tillman, Reverend Thurmond .................................................................................Page 95 Whitt, Dr. Brad .....................................................................................................Page 118 Womack, Pastor Bud .............................................................................................P..age 553 Wright, Pastor George .............................................................................................Page 88 Young, Reverend Lawrence L. ..............................................................................P..age 516 CHATHAM COUNTY Board of Commissioners of Chatham County; remove exceptions from inclusion of a special district for transit services.....................................................SB 107 Chatham Area Transit Authority; reconstitute the Chatham Area Transit Authority; provide for additional members .............................................................SB 106 Chatham County Magistrate Court; provide for two full-time magistrates for Chatham County ................................................................................................SB 105 Chatham County; change the description of the commissioner districts ................SB 209 Chatham County; provide for compensation of certain officials ............................HB 669 Chatham County; provide for the compensation of certain Chatham County officials ...................................................................................................... SB 241 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 INDEX 4257 CHEROKEE COUNTY Cherokee County; Board of Commissioners; candidates shall have resided within respective district from which they seek election for period of at least 12 months immediately preceding election; provide ..............................HB 413 Cherokee County; Board of Ethics; define a term...................................................HB 631 Lake Allatoona Preservation Authority; repeal Act ................................................HB 627 Property Conveyance; authorizing 16 counties to convey property........................SR 266 Cherokee County; State Court; appointment of solicitor-general investigators; provide...............................................................................................HB 489 CHICKAMAUGA, CITY OF Chickamauga, City of; City Manager and Chief of Police; revise duties and responsibilities .................................................................................................HB 528 CHILD ABUSE Social Services; provide for various reforms regarding the state's child welfare system ........................................................................................................ SB 138 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 CHILD CUSTODY Child Custody; require parenting plans to be incorporated into final orders; change provisions .........................................................................................HB 52 Supporting and Strengthening Families Act; power of attorney from parent to another person; care of minor child; provide for......................................... SB 3 CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS Hidden Predator Act; enact.......................................................................................HB 17 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 CIGAR AND CIGARETTE TAXES Tobacco Products; manufacturers and importers; remove certain bonding requirements ............................................................................................................HB 312 CIVIL PRACTICE Certified Process Servers; sunset and legislative review provisions; repeal...........SB 110 Certified Process Servers; sunset and legislative review provisions; repeal...........HB 298 4258 INDEX Civil Practice and Procedure; reversal on appeal when a judge expresses an opinion regarding proof in civil cases; change provisions .................................. SB 98 Civil Practice; appeals from magistrate courts; change provisions.......................... SB 78 Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions.................................................................................................................SB 135 Code Revision Commission; revise, modernize, and correct errors of said Code ..........................................................................................................................HB 90 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Debtor-Creditor Uniform Law Modernization Act of 2015...................................HB 197 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Hidden Predator Act; enact.......................................................................................HB 17 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions ..............................................................................HB 531 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 CLARKE COUNTY Athens, City of; Clarke County; School District; Superintendent to purchase supplies, hire labor, and make repairs to facilities; provide authority...................................................................................................................HB 625 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 State Highway System; dedicate certain portions ....................................................HR 36 CLARKSTON, CITY OF Clarkston, City of; change corporate limits.............................................................HB 661 CLAYTON COUNTY Clayton County; Chief Magistrate; change salary...................................................HB 647 Clayton County; Sheriff; change provisions relating to compensation...................HB 648 Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary........................................................................................HB 646 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 CLERMONT, TOWN OF Clermont, Town of; completely revise charter........................................................HB 400 CLEVELAND, CITY OF State Highway System; dedicate certain portions ....................................................HR 36 INDEX 4259 COBB COUNTY Cobb County; Board of Commissioners; compensation of chairperson and other commissioners; change provisions ..........................................................HB 584 Cobb County; powers of improvement districts; add a certain provision ...............HB 532 Cobb County; Probate Court; change compensation of Judge ................................HB 589 Cobb County; State Court; revise compensation of Solicitor-General ...................HB 600 Cobb County; Tax Commissioner; change compensation of certain employees ................................................................................................................HB 583 Lake Allatoona Preservation Authority; repeal Act ................................................HB 627 Probate Court of Cobb County; change the compensation of the Chief Deputy, Assistant Chief Deputy, and Executive Assistant to the Sheriff ...............SB 171 Probate Court of Cobb County; change the compensation of the Clerk of the Superior Court; change salary of Deputy Clerk of Superior Court ...................SB 172 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 South Cobb Development Authority Act; change definition of certain terms ........................................................................................................................HB 632 State Court of Cobb County; change compensation of judges................................HB 410 State Court of Cobb County; change the compensation of judges ..........................SB 232 State Court of Cobb County; change the compensations of the Clerk and Chief Deputy Clerk of the State Court of Cobb County ........................................ SB 233 State Court of Cobb County; raise compensation of Chief Deputy Clerk and Clerk of Court; provisions ................................................................................HB 617 COCHRAN, CITY OF Cochran/Bleckley Airport Authority Act; enact......................................................HB 619 COLLEGES Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 COLLINS, U.S. REPRESENTATIVE DOUG; addressed the Senate.................P..age 589 COLUMBUS, CITY OF Columbus, City of; Recorder's Court; increase amount of technology fee .............HB 580 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (ALSO SEE HIGHWAYS) Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate ...............HR 215 Mixon, Mr. Harry; Mr. Brad Dorminy; name building in their honor; recognize..................................................................................................................HR 519 State Highway System; dedicate certain portions ....................................................HR 36 4260 INDEX COMMERCE AND TRADE Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Code Revision Commission; revise, modernize, and correct errors of said Code ..........................................................................................................................HB 90 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Courts; certain activities involving real estate transactions; authorize ...................HB 153 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Motor Vehicles Fair Practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception..................................................................................................................HB 393 Secondary Metals Recyclers; buying and selling of regulated metal property; change certain provisions........................................................................HB 461 Selling and Other Trade Practices; provide regulation; auxiliary containers shall be done by general law ................................................................. SB 139 Trade Names; require registration with clerk of superior court; provisions ...........HB 524 COMMERCIAL CODE Civil Practice Act; opposing affidavits shall be served in motions for summary judgment; change provisions ..................................................................HB 204 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .........................HB 197 COMMISSIONS Georgia World War I Centennial Commission; create; membership, powers, and duties .................................................................................................. SB 203 Governor's Task Force on Blind and Visually Impaired Persons; create................. SB 66 Professional Standards Commission; professional learning requirements for certification renewal; extend suspension ...........................................................HB 164 State Soil and Water Conservation Commission; revise provisions .......................HB 397 COMMITTEE APPOINTMENTS 2015-2016 Standing Committee Appointments.......................................................Page 35 BEACH; appointed ex-officio to Veterans, Military and Homeland Security; March 9..................................................................................................Page 923 BLACK; appointed ex-officio to Higher Education; March 19 ..........................P..a..ge 1401 BURKE; appointed ex-officio to Public Safety; March 25 ................................Page 2151 DUGAN; appointed ex-officio to Education and Youth; March 25 ...................P..a..ge 2152 GOOCH; appointed ex-officio to Committee on Assignments...............................Page 21 INDEX 4261 HARPER; appointed ex-officio to Veterans, Military and Homeland Security; March 9..................................................................................................Page 923 LIGON; appointed ex-officio to Committee on Assignments ................................Page 22 MULLIS; appointed ex-officio to Public Safety; March 25................................Page 2152 UNTERMAN; appointed to Committee on Assignments ......................................Page 21 WILKINSON; appointed to Committee on Assignments ......................................Page 21 WILLIAMS, T.; appointed ex-officio to Education and Youth; March 25 ........P..a..ge 2153 COMMITTEES Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate...............................................................................................HB 565 Consumer and Provider Protection Act (SB 158); Senate Study Committee................................................................................................................SR 561 Effect on Georgia of Normalization of Relations with Cuba; Senate Study Committee................................................................................................................SR 494 Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal ........................................................HB 386 Interstate Cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members.............HB 540 Joint Entrepreneur in Residence Study Committee; create .................................... SR 114 Joint Georgia-Alabama Study Committee; create ...................................................HR 395 Joint House and Senate Coastal Greenway Study Committee; create ..................... SR 26 Joint Peace Officer and Firefighter Occupational Disease Study Committee; create ................................................................................................... SR 282 Joint Study Committee on School Construction; create..........................................SR 447 Municipal Annexations and Incorporations; create Joint Study Committee...........SR 507 Preventing Youth Substance Use Disorders; create Joint Study Committee................................................................................................................SR 407 School Construction; create Senate Study Committee ............................................SR 564 Senate Abusive Billing Practices Study Committee; create................................... SR 566 Senate Annexation, Deannexation, and Incorporation Study Committee; create........................................................................................................................SR 609 Senate Court of Appeals Workload Study Committee; create ................................SR 573 Senate Cyber Challenge Study Committee; create..................................................SR 412 Senate Data Security and Privacy Study Committee; create.................................. SR 360 Senate Ending Campus Sexual Assaults Study Committee; create.........................SR 479 Senate Entrepreneur in Residence Study Committee; create ................................. SR 113 Senate Health Care Organization Tax Credit Study Committee; create .................SR 259 Senate Minor Traffic Offense Study Committee; create ........................................ SR 460 Senate Pool Industry Standards and Licensing Study Committee; create...............SR 570 Senate Power Grid Protection Study Committee; create........................................ SR 593 Senate Preservation of the HOPE Scholarship Program Study Committee; create........................................................................................................................SR 605 4262 INDEX Senate Preventing Youth Substance Use Disorders Study Committee; create........................................................................................................................SR 487 Senate Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders Study Committee; create...............SR 594 Senate Special Tax Exemption Study Committee; create ........................................ SR 43 Senate Special Tax Exemption Study Committee; create ........................................ SR 65 Senate Study Committee on Blind or Visually Impaired Persons; create ...............SR 459 Senate Welfare Fraud Study Committee; create......................................................SR 592 COMMUNITY AFFAIRS, DEPARTMENT OF Disclosure of Public Records; clarify that certain tax credits and exemptions are subject to disclosure ........................................................................ SB 52 COMMUNITY HEALTH, DEPARTMENT OF Health Records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility................................................................HB 385 Medical Assistance; provide single administrator for dental services for Medicaid recipients and Peach Care for Kids participants; provisions...................HB 537 CONSERVATION AND NATURAL RESOURCES Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Income Tax; water conservation facilities and a shift from ground-water usage; sunset tax credit ............................................................................................HB 464 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Oconee River Greenway Authority; certain members to appoint a designee; allow .........................................................................................................HB 82 Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities; prohibited..................SB 101 State Soil and Water Conservation Commission; revise provisions .......................HB 397 Timber Harvesting; require notice only in an approved form; provisions ..............HB 199 Underground Water Supply Protection Act of 2015; prohibit the injection of ground water into the Floridian aquifer in certain counties ................................. SB 36 CONSTITUTIONAL AMENDMENTS Appropriations Bills; preparation, submission, and enactments; Education Appropriations Act .................................................................................................. SR 14 Constitution; prevent discrimination in the public funding of social services; allow religious/faith based organization to receive public aid ................SR 388 Education; provide for election of local school superintendents by voters; members of local boards of education .................................................................... SR 138 General Assembly; authorize local boards of education to impose, levy, and collect development impact fees; additional educational facilities ..................SR 624 INDEX 4263 General Assembly; authorize to provide a fixed sum of funding for Georgia Government Transparency and Campaign Finance Commission ............SR 331 General Assembly; authorize to provide by general law for casino gambling within each county and each municipal corporation approved by referendum ........................................................................................................ SR 123 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing ....................................................................................................... SR 135 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing........................................................................................................ SR 143 General Assembly; authorize to provide limitations by general law on the amount of tuition charged to students receiving lottery funded ............................... SR 12 General Assembly; authorized to provide a fixed sum for funding the Georgia Ethics Commission ..................................................................................... SR 24 General Assembly; limit authority to impose taxes on income; phasing out of taxes on income.............................................................................................SR 337 General Assembly; proceeds of excise taxes on sale of fireworks; funding of trauma care ........................................................................................................ SR 558 General Assembly; provide by law for the legalization and regulation of marijuana ................................................................................................................... SR 6 General Assembly; provide for a budget session and a general law session each year..................................................................................................... SR 335 General Assembly; provide for the dedication of revenue derived from regulation of athletic and entertainment events; not deposited in general fund ..........................................................................................................................SR 356 Legislative and Congressional Reapportionment; Citizens' Redistricting Commission; establish ............................................................................................. SR 23 Motor Fuel Taxes; appropriated for any or all public transportation purposes; provide ..................................................................................................... SR 97 Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools ...........................SR 287 Public Initiatives; provide for procedures ...............................................................SR 330 Public Roads and Bridges; 10 percent of revenue; providing and maintaining an adequate system; provisions ..........................................................SR 527 Reapportionment; legislative and congressional; provide for procedures and standards ............................................................................................................ SR 45 Revenue and Taxation; prohibit the levy of state ad valorem taxes .......................SR 604 Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses .............. SR 7 Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 Senate; lower the age requirements for members; qualifications of members of General Assembly ................................................................................ SR 27 4264 INDEX State-wide Grand Juries; provide; jurisdiction, powers, and duties .......................SR 336 CONTRACTORS (CONSTRUCTION) Construction; glass installations; repeal and reserve Part 5 of said article..............HB 368 Sales and Use Tax; tangible personal property used for or in the renovation or expansion of an aquarium; provide state and local sales tax exemption ................................................................................................................HB 428 CONTRACTS Contracts; provide for definitions; provisions .........................................................HB 299 Home Care Patient Protection Act; enact ................................................................HB 183 CONTROLLED SUBSTANCES Controlled Substances Therapeutic Relief Act; repeal provisions; provide for medical use of marijuana; definitions .................................................................. SB 7 Controlled Substances; Schedule I, III, and IV; change certain provisions ............HB 211 Drug-free Commercial Zones; date of incorporation of local ordinances by reference; change .................................................................................................HB 89 Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Haleigh's Hope Act; enact ..........................................................................................HB 1 Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies .................................................................................................. SB 185 Physician Assistants; authorize a physician to delegate to physician assistant the authority to prescribe Schedule II controlled substances....................SB 115 CONYERS, CITY OF City of Conyers Public Facilities Authority Act; create..........................................SB 231 COOK, DAVID A. Addressed the Senate ..............................................................................................P. age 17 Elected Secretary of the Senate ..............................................................................P. age 17 Oath of Office .........................................................................................................P. age 17 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporations; directors and officers; enact reforms consistent with the Model Act; functions of a board of directors; change provisions ...........................SB 128 Professional Corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide .....................................................................................................................HB 316 INDEX 4265 CORRECTIONS, BOARD OF AND DEPARTMENT OF Criminal Procedure; fixing of sentence; clarify service of consecutive sentences ..................................................................................................................HB 304 COSMETOLOGISTS Professions and Businesses; State Board of Barbers and State Board of Cosmetology; combine ............................................................................................HB 314 COUNTIES Alcoholic Beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide .....................................................................................................................HB 535 Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Counties, Municipalities, Other Entities; provide for electronic publication for certain public notices; procedures, conditions, and limitations ................................................................................................................SB 186 Counties; provide budget for population of two hundred thousand or more; repeal Act .....................................................................................................HB 527 Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Financial Transaction Cards; provide for the prosecution of unlawful use of government purchasing cards; provisions ...........................................................HB 192 Game and Fish; trapping of raccoons in certain counties; repeal a provision ..................................................................................................................HB 160 Homestead Option Sales Tax Act; enact ................................................................HB 215 Local Government; provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs; provisions................................. SB 201 Local Government; regulate procedures governing applications for permits for critical infrastructure projects; provisions ............................................SB 142 Local Government; regulate transportation for hire; provisions .............................HB 225 Local Government; require reports of revenues submitted to Department of Community Affairs; total amount of speeding fine collected .............................SB 134 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 Public Officers; counties and municipalities provide by local law for district durational residency requirements; authorize...............................................HB 73 Redevelopment Powers Law; revise provisions relating to payments in lieu of taxes..............................................................................................................SB 218 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 4266 INDEX Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide ....................................................................................................HR 394 COURTS Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Alimony and Child Support; jurisdiction of courts that hear contempt proceedings; expand ................................................................................................HB 567 Blue Ridge Judicial Circuit; appointment of District Attorney investigators; provide...............................................................................................HB 490 Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions.................................................................................................................SB 135 Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Courts; certain activities involving real estate transactions; authorize ...................HB 153 Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions ..........................................HB 207 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 Georgia Code of Military Justice; enact ...................................................................HB 98 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Grand Jurors; prohibit certain individuals from serving; provisions.......................HB 418 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions ......................................................................HB 361 Juvenile Proceedings; provide that minor violations of weapons in school safety zones are not considered Class B designated felonies ................................. SB 141 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Probate Courts; remove certain limitations on the jurisdiction of the probate courts over the game and fish violations ..................................................... SB 62 Prosecuting Attorneys; provide for appointment; law enforcement officer charged with a felony or act of family violence ....................................................... SB 50 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 INDEX 4267 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 State-wide Grand Juries; provide; jurisdiction, powers, and duties .......................SR 336 Superior Courts of the Blue Ridge Judicial Circuit; amount of compensation; judges by the county; change provisions ....................................... SB 234 Trade Names; require registration with clerk of superior court; provisions ...........HB 524 COWETA COUNTY Coweta County Water and Sewerage Authority; members of authority; change terms ............................................................................................................HB 582 CREDIT UNION DEPOSIT INSURANCE CORPORATION Banking and Finance; extensively revise Title 7; provisions .................................HB 184 CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; change certain provisions relating to criminal abortion........................... SB 39 Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 Animal Protection; payment of expenses while an animal impounded; create provisions ..................................................................................................... SB 173 Bingo; increase the permissible prize amounts .......................................................SB 188 Carrying and Possession of Firearms; prohibit restoration of gun rights to persons who have been convicted of forcible felony; change provision.................. SB 48 Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide ..........................................................................................HB 230 Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions.................................................................................................................SB 135 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Controlled Substances Therapeutic Relief Act; repeal provisions; provide for medical use of marijuana; definitions .................................................................. SB 7 Controlled Substances; Schedule I, III, and IV; change certain provisions ............HB 211 Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Crimes and Offenses; family violence battery; change penalty provisions ............SB 193 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 Crimes and Offenses; protection of disabled adults and elder persons; expand and clarify.....................................................................................................HB 72 Crimes and Offenses; provide leaving certain children in vehicles; cruelty to children in the third degree................................................................................... SB 35 4268 INDEX Crimes and Offenses; repeal certain provisions; sentencing of defendants guilty of crimes involving bias or prejudice, notices of enhanced sentencing ................................................................................................................. SB 47 Crimes and Offenses; no duty to retreat prior to the use of force; repeal ................ SB 49 Drug-free Commercial Zones; date of incorporation of local ordinances by reference; change .................................................................................................HB 89 Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions ......................................................................................HB 401 Education; programs; person solicit transaction with student-athlete; prohibit........................................................................................................................HB 3 Education; provide for disciplinary panels and tribunals ....................................... SB 163 Financial Transaction Cards; provide for the prosecution of unlawful use of government purchasing cards; provisions ...........................................................HB 192 Firearms; allow person to be detained by law enforcement; purpose of investigating whether such a person has a weapons carry license ........................... SB 73 Firearms; prohibit all carrying of weapons in government buildings ...................... SB 67 Firearms; provide for training requirement for the issuance of a weapons carry license .............................................................................................................. SB 68 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Haleigh's Hope Act; enact ..........................................................................................HB 1 Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies .................................................................................................. SB 185 Hidden Predator Act; enact.......................................................................................HB 17 Juvenile Proceedings; provide that minor violations of weapons in school safety zones are not considered Class B designated felonies ................................. SB 141 Kelsey's Law; enact ................................................................................................HB 103 Law Enforcement Officers; require certain persons with arrest powers at university or college campuses; report allegations of rape to local law enforcement .............................................................................................................. SB 37 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Protective Order Registry Act; enact......................................................................HB 452 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions...........SB 177 Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant..............SB 154 INDEX 4269 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses .............. SR 7 Tanja's Law; provide measure of equivalency in punishment of crimes committed against police dogs in performance of their official duties .................... SB 72 CRIMINAL JUSTICE COORDINATING COUNCIL Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 CRIMINAL PROCEDURE Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 Bonds and Recognizances; increase fees allowed for continuing education programs................................................................................................. SB 195 Bou Bou's Law; the use of no-knock search warrants; provide ............................... SB 45 Conduct of Proceedings; reversal on appeal; judge expresses an opinion regarding proof in a criminal case; change provisions ............................................. SB 99 Crimes and Offenses; protection of disabled adults and elder persons; expand and clarify.....................................................................................................HB 72 Crimes and Offenses; sentencing of defendants guilty of crimes involving bias or prejudice, notices of enhanced sentencing; repeal certain provisions;................................................................................................................. SB 47 Criminal Procedure; change provisions relating to discovery in misdemeanor cases; provisions ...............................................................................HB 352 Criminal Procedure; fixing of sentence; clarify service of consecutive sentences ..................................................................................................................HB 304 Criminal Procedure; procedure for enhancing witness identification accuracy; require....................................................................................................... SB 94 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Georgia Uniform Civil Forfeiture Procedure Act; enact ........................................HB 233 Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions ......................................................................HB 361 Pardons and Paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions ...............HB 71 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 4270 INDEX Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant..............SB 154 Searches with Warrants; provide for the use of no-knock search warrants ............SB 159 Victim Compensation; increase the amount payable for funeral expenses; enlarge pool of claimants include individuals related by marriage; revise provisions.................................................................................................................. SB 79 CRIMINAL PROSECUTIONS; DEFENSES Crimes and Offenses; statute relating to no duty to retreat prior to the use of force; repeal .......................................................................................................... SB 49 Education; provide for disciplinary panels and tribunals ....................................... SB 163 D DAWSON COUNTY State Highway System; certain portions; dedicate ..................................................SR 126 State Highway System; dedicate certain portions ....................................................HR 36 DEAF PERSONS Scholarship Program; special needs students; expand eligibility............................HB 296 Special Needs Students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide .............................................................................HB 62 DEAL, FIRST LADY SANDRA; addressed the Senate........................................P..age 725 DEBTOR AND CREDITOR Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Debtor-Creditor Uniform Law Modernization Act of 2015...................................HB 197 DECATUR COUNTY Bainbridge-Decatur County Recreation Authority; create ..................................... SB 238 Decatur County; office of Treasurer; abolish ..........................................................HB 258 Decatur County; restate provisions of said Act .......................................................HB 257 State Highway System; dedicate certain portions ....................................................HR 36 DECATUR, CITY OF Decatur, City of; change corporate limits................................................................HB 663 INDEX 4271 DEKALB COUNTY Clarkston, City of; change the corporate limits of the city by annexing certain territory ....................................................................................................... SB 222 Clarkston, City of; change the corporate limits of the city by annexing certain territory ....................................................................................................... SB 223 DeKalb County Magistrate Court; provide a Solicitor; provisions .........................HB 301 DeKalb County State Court; establish traffic division of said court; provisions.................................................................................................................HB 300 DeKalb County; Board of Commissioners; change jurisdiction of Board of Ethics ...................................................................................................................HB 597 DeKalb County; Board of Commissioners; provide for independent internal audits...........................................................................................................HB 599 DeKalb County; Board of Commissioners; provide for the manner of purchasing................................................................................................................HB 598 DeKalb County; change the jurisdiction of the Board of Ethics of DeKalb County; appointments; terms of office; qualifications ............................................SB 118 DeKalb County; Chief Magistrate and other judges; increase and establish salaries .....................................................................................................HB 302 DeKalb County; community improvement districts created within municipalities; change certain provisions................................................................SB 225 DeKalb County; community improvement districts may be created within municipalities; change certain provisions................................................................HB 658 DeKalb County; homestead exemption; modify time limitation on exemption ................................................................................................................HB 596 DeKalb County; provide for internal audits for DeKalb County; procedures, policies, and limitations ...................................................................... SB 121 DeKalb County; provide for the manner of purchasing by DeKalb County; provide procedures/limitations ................................................................. SB 120 Greenhaven, City of; provide for incorporation ......................................................SB 221 LaVista Hills, City of; DeKalb County; incorporate...............................................HB 520 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 Senator Lawrence (Bud) Stumbaugh Bridge; DeKalb County; dedicate................SR 296 State Highway System; dedicate certain portions ....................................................HR 36 Stonecrest, City of; provide for a charter ................................................................SB 208 Tucker, City of; DeKalb County; incorporate .........................................................HB 515 DENTISTS AND DENTAL HYGIENISTS Dental and Dental Hygienists; provide for the profession of dental hygiene therapy; licensure .......................................................................................SB 248 4272 INDEX DEVELOPMENT AUTHORITIES LAW Development Authorities; revise the definition of projects as applicable; modify the tax exemption ........................................................................................ SB 85 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 DISTILLED SPIRITS Alcoholic Beverages; operation of company stores by distillers/brewers public can purchase limited quantities; limited conditions .................................... SB 174 Distilled Spirits; provide that an election superintendents shall hold referendum; governing authority of a municipality; permit or prohibit the manufacture .............................................................................................................SB 244 Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels ..............................................................................HB 172 DIVORCE Property; joint tenants divorce or have marriage annulled under certain circumstances; provide procedure for tenancy in common ......................................HB 99 DOCTORS OF THE DAY Barber, Dr. James W.............................................................................................P...age 647 Baruti, Dr. Dingane...............................................................................................P. age 612 Bradley, Dr. Cinnamon.......................................................................................P...a.g. e 2165 Cannon, Dr. Brett................................................................................................. Page 893 Chacko, Dr. Billy G. ...........................................................................................P...a.g. e 2017 Dalal, Dr. Snehal C...............................................................................................P..age 179 Das, Dr. Shamie ..................................................................................................... Page 89 Davidoff, Dr. N. Madalyn.......................................................................................P. age 48 Dean, Dr. Darrell L. ............................................................................................P...a.ge 2244 Dott, Dr. Andrew B. .............................................................................................P...age 130 Duncan, Dr. J. Wendell.........................................................................................P...age 685 Faulk, Dr. David ................................................................................................ Page 1393 Garriss, Dr. G. Waldon .........................................................................................P...age 516 Gore, Dr. Kristin .................................................................................................. Page 667 Grose, Dr. Lee L. ................................................................................................. Page 144 Guy, RN, Paula .................................................................................................... Page 667 Hamrick, Jr., Dr. Harvey "James" ........................................................................P...age 570 Hess, Dr. Benjamin...............................................................................................P. age 667 Hirsu, Dr. Melissa B. ............................................................................................P...age 110 Holtz, Dr. Noel ...................................................................................................... Page 34 INDEX 4273 Johary, Dr. Albert F. ...........................................................................................P...a.g. e 3354 Kane, Dr. Steven M. .............................................................................................P...age 667 Kaufmann, Dr. Robert S. ......................................................................................... Page 1 Kohli, Dr. Harajeshwar Singh ..............................................................................P...age 893 Lyon, Dr. Matt ....................................................................................................... Page 95 Malone, Dr. K Scott............................................................................................P...a.ge 1364 Moore, Dr. Brooks..............................................................................................P..age 1210 Morgan, Dr. Elizabeth ..........................................................................................P...age 155 Muller, Dr. Steven A..................................................................................... Pages 62, 725 Nazario, Dr. Brunilda.............................................................................. Pages 1414, 2451 Oskouei, Dr. Shervin V.........................................................................................P...age 702 Oyewo, Dr. Adetolu "Tolu"..................................................................................P...age 937 Rizor, Dr. Randy F..............................................................................................P...age 1980 Saulsbury II, Dr. Joseph G....................................................................................P...age 800 Schiff, Dr. Patricia J................................................................................................P. age 74 Shah, Dr. Manoj H. ...............................................................................................P. age 753 Siegelson, Dr. Henry J. ...........................................................................................P. age 81 Sumner, Dr. Jean.................................................................................................. Page 667 Tark, Dr. Marvin D. ..............................................................................................P..age 118 Uzzle, Dr. Raulnina ..............................................................................................P..age 586 Ward, Dr. Helen M. ............................................................................................P...a.ge 1952 Wilkins, Dr. Thad ................................................................................................ Page 553 Zeanah, Michelle R...............................................................................................P..age 839 DODGE COUNTY Dodge County; office of Commissioner; change description of districts ...............HB 656 DOGS Dogs; provide breed-specific regulation shall be limited to enactment by general law...............................................................................................................SB 184 DOMESTIC RELATIONS Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Alimony and Child Support; jurisdiction of courts that hear contempt proceedings; expand ................................................................................................HB 567 Child Abuse; mandatory reporters; change provisions ...........................................HB 268 Child Custody; require parenting plans to be incorporated into final orders; change provisions .........................................................................................HB 52 Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 4274 INDEX Employment Security; provide leaving employer due to family violence; good cause in connection with claim for unemployment benefits ........................... SB 42 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions ..............................................................................HB 531 Paternity; testing in certain cases; revise provisions ...............................................HB 568 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Prosecuting Attorneys; provide for appointment; law enforcement officer charged with a felony or act of family violence ....................................................... SB 50 Protective Order Registry Act; enact......................................................................HB 452 Social Services; provide for various reforms regarding the state's child welfare system ........................................................................................................ SB 138 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 Supporting and Strengthening Families Act; power of attorney from parent to another person; care of minor child; provide for......................................... SB 3 DOUGLAS COUNTY Property Conveyance; authorizing 16 counties to convey property........................SR 266 State Highway System; dedicate certain portions ....................................................HR 36 DOUGLAS, CITY OF State Highway System; dedicate certain portions ....................................................HR 36 DRIVERS LICENSES Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Drivers' Licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions...............................HB 118 Drivers' Licenses; provide for dissemination of certain information by the Department of Driver Services; provisions .............................................................HB 210 Drivers' Licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions ..............................................................HB 114 Georgia Road Safety and Driver's License Integrity Act; persons who possess lawful alien status are only category of noncitizens; provisions................... SB 6 Local Government; regulate transportation for hire; provisions .............................HB 225 Motor Vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre..........................HB 375 INDEX 4275 DRUGS AND COSMETICS; STANDARDS, LABELING, AND ADULTERATION Patient Compensation Act; establish ........................................................................ SB 86 E EATONTON, CITY OF State Highway System; dedicate certain portions ....................................................HR 36 ECHOLS COUNTY Echols County; Board of Education; provide nonpartisan elections.......................HB 517 ECONOMIC DEVELOPMENT, DEPARTMENT OF Labor; create State Workforce Development Board; provisions ............................HB 348 EDUCATION Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 America's Founding Philosophy and Principles Act; require students to complete a course ................................................................................................... SB 202 Appropriations Bills; preparation, submission, and enactments; Education Appropriations Act .................................................................................................. SR 14 Celebrate Freedom Week; establish; posting of historical documents....................SB 116 Charter Schools; enrollment priorities for educationally disadvantaged students and military students; provide ..................................................................HB 474 Contracts and Purchases by Public Schools; impose requirements on certain contracts and purchases by local boards of education ................................ SB 147 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 Deantre Gregory Turman Act; require youth athletes participating in gridiron football; four star rating on Virginia Tech Helmet Ratings.......................SB 176 Digital Classroom Act; instructional materials and content to be in digital or electronic format after a certain date; require ...................................................... SB 89 Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions ......................................................................................HB 401 Education Savings Account Act; establish an education savings account program..................................................................................................................... SB 92 Education; automatic expulsion for possession of firearms and dangerous weapons at school; revise a provision .................................................................... SB 161 Education; change requirement for local board of education to conduct a disciplinary hearing; suspensions ............................................................................SB 165 4276 INDEX Education; date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; change provisions.................................................................................................................HB 100 Education; disciplinary hearing officers and disciplinary tribunals; revise provisions.................................................................................................................SB 167 Education; eliminate Georgia High School Graduation Test as a requirement for graduation; provisions ....................................................................HB 91 Education; establish limitations and requirements regarding student data .............SB 157 Education; expand eligibility for the program to certain lawful refugees and asylees ...............................................................................................................SB 187 Education; funding for state charter schools and virtual charter schools; revise various provisions .......................................................................................... SB 80 Education; increase the maximum fine for parents who violate compulsory attendance laws; revise provisions.......................................................SB 166 Education; local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; require .......................................................................................................................HB 65 Education; mandatory education for children between ages 6 and 16; raise the age of mandatory attendance; revise provisions ........................................ SB 56 Education; noncitizen students; same consideration as citizens of U.S.; determining whether they qualify for in-state classification; tuition and fees ............................................................................................................................ SB 44 Education; programs; person solicit transaction with student-athlete; prohibit........................................................................................................................HB 3 Education; provide for disciplinary panels and tribunals ....................................... SB 163 Education; provide for election of local school superintendents by voters; members of local boards of education ...................................................................... SB 81 Education; provide for election of local school superintendents by voters; members of local boards of education .................................................................... SR 138 Education; provide for positive behavioral interventions and supports and response to intervention initiatives ..........................................................................SB 164 Education; provide that certain nursery schools, playschools, kindergarten programs are exempt from licensure ..................................................SB 181 Education; raise the mandatory education from 16 to 17 1/2; adult literacy for purposes of conformity; revise provisions............................................. SB 60 Education; require students to obtain a passing score on a civics test; eligible to receive a high school diploma ................................................................SB 213 Education; student discipline reporting for students less than ten years old; revise provisions...............................................................................................SB 162 Education; student who completes certain requirements relating to postsecondary coursework awarded a high school diploma; provide ........................ SB 2 Elementary and Secondary Education; update and clarify provisions and repeal obsolete provisions .......................................................................................HB 502 INDEX 4277 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 General Assembly; authorize local boards of education to impose, levy, and collect development impact fees; additional educational facilities ..................SR 624 General Assembly; authorize to provide limitations by general law on the amount of tuition charged to students receiving lottery funded ............................... SR 12 Georgia Leadership and Service Admission Act; enact ........................................... SB 58 Georgia Special Needs Scholarship Act; notification of parents of eligible students as to scholarship options; revise provisions ..............................................HB 209 Georgia's Technical Schools, colleges and universities; expand gerontology and dementia education and training; encourage ................................HR 304 Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 Higher Education Access and Success for Homeless and Foster Youth Act; enact .................................................................................................................SB 178 HOPE Scholarships and Grants; provide amount; shall be accepted as full payment of tuition by University System of Georgia institutions............................ SB 13 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Jason Flatt Act-Georgia; enact ................................................................................HB 198 Law Enforcement Officers; require certain persons with arrest powers at university or college campuses; report allegations of rape to local law enforcement .............................................................................................................. SB 37 Move on When Ready Act; program for high school students to attend postsecondary institutions; provisions.................................................................... SB 132 Nonpublic Postsecondary Educational Institutions; revise definitions; revise provisions .....................................................................................................HB 353 Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools ...........................SR 287 Opportunity School District; establishment; provide for definitions; supervision of public elementary and secondary schools that are qualifying .................................................................................................................SB 133 Pay Forward, Pay Back Student Grant Act; enact.................................................... SB 14 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Professional Standards Commission; professional learning requirements for certification renewal; extend suspension ...........................................................HB 164 Public Employees; limited paid leave for purpose of promoting education; authorize................................................................................................HB 313 Quality Basic Education Formula; require the full funding ..................................... SB 12 Sales and Use Tax; distribution for educational purposes; change certain provisions.................................................................................................................HB 369 4278 INDEX Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 Scholarship Program; special needs students; expand eligibility............................HB 296 Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions ................................................................................................HB 320 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 Special Needs Students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide .............................................................................HB 62 State Charter Schools Commission; authorize to establish a nonprofit foundation ................................................................................................................SB 156 Student Health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize...............................................................................................HB 362 Supporting and Strengthening Families Act; power of attorney from parent to another person; care of minor child; provide for......................................... SB 3 Technical and Adult Education; change name of Technical College System of Georgia to Georgia Career College System; provisions ........................HB 315 Technical College System of Georgia; establish policies for granting academic credit for college level learning from military service, work experience ................................................................................................................. SB 18 The End to Cyber Bullying Act; enact ...................................................................HB 131 Unlocking the Promise Community Schools Act; provide for Sustainable Community School Operational Grants; planning and implementation of grants........................................................................................................................SB 124 Utopian Academy for the Arts Act; enact ...............................................................HB 372 EDUCATION COORDINATING COUNCIL; OFFICE OF ACCOUNTABILITY Education; provide for positive behavioral interventions and supports and response to intervention initiatives ..........................................................................SB 164 EFFINGHAM COUNTY Effingham County School District; Board of Education; change compensation for members......................................................................................HB 516 EGAN, FORMER SENATOR MIKE; recognized ..............................................P..age 835 INDEX 4279 ELDERLY; SERVICES FOR THE AGING Social Services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions.....................................HB 86 ELECTIONS Education; provide for election of local school superintendents by voters; members of local boards of education ...................................................................... SB 81 Election; change the time periods for advance voting.............................................. SB 26 Election; change the time periods for advance voting.............................................. SB 27 Elections; provide for a definition; prohibit certain activities within close proximity to polling places ......................................................................................SB 199 Elections; provide for automatic voter registration in certain circumstances............................................................................................................ SB 31 Elections; provide for election by plurality vote; date of the general primary...................................................................................................................... SB 33 Elections; provide for election day voter registration and voting; procedures and methods ........................................................................................... SB 25 Elections; provide for the dates for conducting certain special elections ...............SB 235 Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Elections; provide that costs of special primaries/elections to fill vacancies in public offices shall be paid by this state in certain circumstances...........................................................................................................SB 146 Elections; remove certain requirements regarding proof of voter identity at the polls................................................................................................................. SB 28 Elections; revise the dates for primaries and elections and runoffs resulting therefrom; revise times for qualifying for office..................................... SB 102 Elections; write-in candidacy filings to include authorization by candidate if not done by candidate; require notice .................................................................HB 121 Ethics in Government Act; revise; change the name; reconstitute the membership............................................................................................................... SB 21 Ethics in Government; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office ................................................SB 127 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Public Initiatives; provide for procedures ...............................................................SR 330 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create..................................................................................................... SB 59 Solar Power Free-Market Financing Act of 2015; enact..........................................HB 57 4280 INDEX EMERGENCY MANAGEMENT Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 EMINENT DOMAIN Redevelopment Powers Law; revise provisions relating to payments in lieu of taxes..............................................................................................................SB 218 EMPLOYMENT Employment Security Law; change certain provisions ............................................ SB 19 Employment Security; modify definition of the term most recent employer; change certain provisions ......................................................................HB 117 Employment Security; provide leaving employer due to family violence; good cause in connection with claim for unemployment benefits ........................... SB 42 Employment of Minors; issuance of employment certificates; change certain provisions....................................................................................................HB 366 ENERGY Solar Power Free-Market Financing Act of 2015; enact..........................................HB 57 ENGINEERS AND LAND SURVEYORS Professional Engineers and Land Surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt..............................HB 18 ESTATES Estates; taxes and tax liens; change provisions .......................................................HB 547 Property; joint tenants divorce or have marriage annulled under certain circumstances; provide procedure for tenancy in common ......................................HB 99 ETHICS IN GOVERNMENT Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Ethics in Government Act; revise; change the name; reconstitute the membership............................................................................................................... SB 21 Ethics in Government; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office ................................................SB 127 EVIDENCE AIDS; disclosure of such information under certain circumstances; change provisions ...................................................................................................HB 119 Evidence; privileges; expand for information obtained by news media for news gathering or dissemination .............................................................................. SB 23 INDEX 4281 EXCISE TAX Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Transportation Funding Act of 2015; enact.............................................................HB 170 EXPEDITED FRANCHISING OF CABLE AND VIDEO SERVICES Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create..................................................................................................... SB 59 F FAMILY Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions ......................................................................................HB 401 FAMILY VIOLENCE Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 Employment Security; provide leaving employer due to family violence; good cause in connection with claim for unemployment benefits ........................... SB 42 Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions ..............................................................................HB 531 Prosecuting Attorneys; provide for appointment; law enforcement officer charged with a felony or act of family violence ....................................................... SB 50 Protective Order Registry Act; enact......................................................................HB 452 FANNIN COUNTY Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate ...............HR 215 State Highway System; dedicate certain portions ....................................................HR 36 FARMS AND FARM PRODUCTS; PLANT DISEASE, PEST CONTROL, AND PESTICIDES Feral Hog Control Act; enact...................................................................................HB 475 FEDERAL GOVERNMENT Counties; provide budget for population of two hundred thousand or more; repeal Act .....................................................................................................HB 527 Drivers' Licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions...............................HB 118 Revenue and Taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law..................................................HB 292 4282 INDEX Tax Collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include ...........................................HB 234 United States Congress; extend authorization for Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; encourage .........................................................................................HR 419 FILMS, MOTION PICTURES, AND MOVIES Income Tax Credit; film, video or digital production; extend ................................HB 339 FINANCIAL INSTITUTIONS Banking and Finance; extensively revise Title 7; provisions .................................HB 184 Code Revision Commission; revise, modernize, and correct errors of said Code ..........................................................................................................................HB 90 FINES AND FORFEITURES Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 FIRE PROTECTION AND SAFETY Blasting and Excavating Near Utility Facilities; prohibit local governing authorities from adopting ordinances ..................................................................... SB 191 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Labor and Industrial Relations; compensation for occupational diseases; firefighters; define certain terms............................................................................... SB 29 FIREARMS Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 FIREFIGHTERS PENSION FUND, GEORGIA Georgia Firefighters' Pension Fund; provide new definitions; provisions ..............HB 256 Retirement and Pensions; Code Revision Commission; revise title ........................HB 87 FIREWORKS Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 FISCAL NOTES HB 170 .................................................................................................... Page 1898, 3311 HB 170 Committee Substitute ................................................................ Page 1925, 3320 HB 202 Committee Substitute .............................................................................P..a..ge 2358 HB 217.................................................................................................................P..a..ge 3438 HB 266.................................................................................................................P..a..ge 3387 HB 266 Committee Substitute .............................................................................P..a..ge 3390 INDEX 4283 HB 277.................................................................................................................P..a..ge 2318 HB 292...................................................................................................................P..age 807 HB 292 Committee Substitute ...............................................................................P..age 810 SB 18 .....................................................................................................................P..age 557 FITZGERALD, CITY OF State Highway System; dedicate certain portions ....................................................HR 36 FLOWERY BRANCH, CITY OF Flowery Branch, City of; provide corporate boundaries ........................................HB 187 FLOYD COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 FOOD STANDARDS, LABELING, AND ADULTERATION Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana..................................................................................................... SB 198 FOOD, DRUGS, AND COSMETICS Controlled Substances; Schedule I, III, and IV; change certain provisions ............HB 211 Drug-free Commercial Zones; date of incorporation of local ordinances by reference; change .................................................................................................HB 89 Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies .................................................................................................. SB 185 Patient Compensation Act; establish ........................................................................ SB 86 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Pharmacists and Pharmacies; certain provisions shall not apply; facility engaged solely in the distribution of dialysate, drugs; patients with end stage renal disease................................................................................................... SB 194 Pharmacists and Pharmacies; provide for substitutions of interchangeable biological products.................................................................................................... SB 51 Pharmacists and Pharmacies; substitutions of interchangeable biological products; provide ....................................................................................................HB 195 Pharmacists and Pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; provide minimum standards.................................................................................................HB 511 4284 INDEX Physician Assistants; authorize a physician to delegate to physician assistant the authority to prescribe Schedule II controlled substances....................SB 115 Prescription Drugs; certain refills of topical ophthalmic products under certain conditions; authorize.....................................................................................HB 47 Student Health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize...............................................................................................HB 362 The Pharmacy Audit Bill of Rights; change certain provisions ..............................HB 470 Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels ..............................................................................HB 172 FORECLOSURE Property; witnessing requisites of deeds, mortgages, and bills of sale; change and clarify provisions ..................................................................................HB 322 FOREST RESOURCES Timber Harvesting; require notice only in an approved form; provisions ..............HB 199 FORGERY AND FRAUDULENT PRACTICES Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions.................................................................................................................SB 135 Financial Transaction Cards; provide for the prosecution of unlawful use of government purchasing cards; provisions ...........................................................HB 192 FORSYTH COUNTY Frank L. Danchetz Highway; Forsyth County; dedicate ........................................ SR 410 State Highway System; dedicate certain portions ....................................................HR 36 FORSYTH, CITY OF Forsyth, City of; provide a new charter ..................................................................HB 553 The City of Forsyth Convention and Visitors Bureau Authority; enact..................HB 479 FRANCHISES Motor Vehicles Fair Practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception..................................................................................................................HB 393 FULTON COUNTY Fulton County Industrial District; repeal amendment; provisions ..........................HB 476 Fulton County; ad valorem tax; exemption amount to $60,000 after twoyear phase-in period; increase .................................................................................HB 521 Fulton County; Board of Education; contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; provide ..................................................................HB 602 INDEX 4285 Fulton County; Board of Education; provide disability pension benefit eligibility for new plan members in certain instances; provisions ..........................HB 603 Fulton County; county-wide library system; specify name for system; provisions.................................................................................................................HB 595 Fulton County; homestead exemption to $30,000 after a two-year phase in for certain residents 70 or older; change .............................................................HB 522 Fulton County; Magistrate Court; provide court administrator be Chief Magistrate or his or her designee; provisions..........................................................HB 655 Gladys Knight Highway; Fulton County; dedicate .................................................SR 441 Paul V. Liles, Jr., Bridge; Fulton County; dedicate.................................................SR 411 Property Conveyance; authorizing 16 counties to convey property........................SR 266 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 South Fulton, City of; incorporate; provide for a charter ....................................... SB 140 South Fulton, City of; incorporate; provide for a charter ....................................... SB 189 State Highway System; dedicate certain portions ....................................................HR 36 G GAME AND FISH Feral Hog Control Act; enact...................................................................................HB 475 Game and Fish; trapping of raccoons in certain counties; repeal a provision ..................................................................................................................HB 160 Probate Courts; remove certain limitations on the jurisdiction of the probate courts over the game and fish violations ..................................................... SB 62 Wild Animals; African pygmy hedgehog from wild animal license and permit requirements; exempt ...................................................................................SB 180 Wildlife; prohibit the removal, transportation; game animal or game bird carcasses; provisions................................................................................................SB 112 GASOLINE AND OTHER PETROLEUM PRODUCTS Taxes; provide for legislative findings relating to gasoline and aviation fuel; provisions .......................................................................................................HB 319 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 GENERAL ASSEMBLY Adjournment; relative to...........................................................................................HR 19 Citizens' Redistricting Commission; create; membership and duties ...................... SB 20 Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide ..........................................................................................HB 230 General Appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 ................HB 76 General Assembly convened; notify the Governor .................................................... SR 3 4286 INDEX General Assembly; authorize to provide a fixed sum of funding for Georgia Government Transparency and Campaign Finance Commission ............SR 331 General Assembly; authorize to provide by general law for casino gambling within each county and each municipal corporation approved by referendum ........................................................................................................ SR 123 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing ....................................................................................................... SR 135 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing........................................................................................................ SR 143 General Assembly; authorized to provide a fixed sum for funding the Georgia Ethics Commission ..................................................................................... SR 24 General Assembly; impose penalties on members who repeatedly misuse expense funds and reimbursements ........................................................................ SB 151 General Assembly; provide for a budget session and a general law session each year..................................................................................................... SR 335 General Assembly; provide for the dedication of revenue derived from regulation of athletic and entertainment events; not deposited in general fund ..........................................................................................................................SR 356 General Assembly; local bill; change definition ...................................................... SB 24 House Convened; notify Senate .................................................................................HR 6 Interstate Cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members.............HB 540 Joint Entrepreneur in Residence Study Committee; create .................................... SR 114 Joint Georgia-Alabama Study Committee; create ...................................................HR 395 Joint Peace Officer and Firefighter Occupational Disease Study Committee; create ................................................................................................... SR 282 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers ...............................................................................HR 9 Joint Session; message from Chief Justice of the Supreme Court ...........................HR 11 Joint Session; message from Governor ....................................................................HR 10 Malnutrition Awareness Week; recognize September 28-October 2, 2015 ............SR 254 Municipal Annexations and Incorporations; create Joint Study Committee...........SR 507 Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools ...........................SR 287 Preventing Youth Substance Use Disorders; create Joint Study Committee................................................................................................................SR 407 Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses .............. SR 7 Senate; lower the age requirements for members; qualifications of members of General Assembly ................................................................................ SR 27 Supplemental Appropriations; State Fiscal Year July 1, 2014 - June 30, 2015 ..........................................................................................................................HB 75 Transportation Funding Act of 2015; enact.............................................................HB 170 INDEX 4287 GENERAL PROVISIONS, OCGA Counties; provide budget for population of two hundred thousand or more; repeal Act .....................................................................................................HB 527 Water Professionals Appreciation Day; designate the first Monday in May of each year; enact...........................................................................................SB 119 GEORGIA BUREAU OF INVESTIGATION (GBI) Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide ..........................................................................................HB 230 DNA Sampling, Collection, and Analysis; provide for analysis and collection of DNA for individuals arrested and convicted of felony offenses ..................................................................................................................... SB 77 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT Redevelopment Powers Law; revise provisions relating to payments in lieu of taxes..............................................................................................................SB 218 GEORGIA WOMEN'S LEGISLATIVE CAUCUS; First Lady of the Senate Nita Cagle addressed the Senate ................................................................. Page 754 GEORGIA WORKFORCE INVESTMENT BOARD Labor; create State Workforce Development Board; provisions ............................HB 348 GILMER COUNTY Gilmer County; Coroner and Deputy Coroner; provide compensation...................HB 675 GLASCOCK COUNTY Glascock County; office of county Treasurer; abolish............................................HB 404 GORDON COUNTY Gordon, City of; comprehensively revise the charter..............................................SB 226 Property Conveyance; authorizing 16 counties to convey property........................SR 266 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 GOVERNOR Appointments; boards and commissions; confirmation .....................................P...a.g. e 2021 Appointments; boards and commissions; favorable report ................................Page 1974 Appointments; boards and commissions; received ...............................................P..age 824 Appointments; boards and commissions; Secretary of the Senate transmit confirmation........................................................................................................P...a.g. e 4167 4288 INDEX Communication; appointed Administration Floor Leaders ................................... Page 16 General Assembly; Joint Session; Inaugural address .............................................P. age 23 General Assembly; Joint Session; State of the State address ................................ Page 50 Governor's Task Force on Blind and Visually Impaired Persons; create................. SB 66 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers ...............................................................................HR 9 Joint Session; message from Governor ....................................................................HR 10 State Depository Board; delete references to building and loan associations; revise provisions.................................................................................SB 104 Transportation Funding Act of 2015; enact.............................................................HB 170 Veto HB 744 line item...........................................................................................Page 8 Veto Letters 2014 ..................................................................................................Page 4 GRADY COUNTY Grady County Magistrate Court; impose and collect county law library fees as part of court costs; authorize.........................................................................HB 38 GRANTS Scholarship Program; special needs students; expand eligibility............................HB 296 Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions ................................................................................................HB 320 GREENE COUNTY Greene County Family Connection Commission; repeal an Act ............................HB 657 GRIFFIN, CITY OF Griffin, City of; levy an excise tax ..........................................................................HB 664 GUARDIAN AND WARD Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; enact .................................................................................................................SB 207 GUNAY, ERTUGRUL; addressed the Senate .......................................................P..age 685 GWINNETT COUNTY Brooks-Foster Crossing; Gwinnett County; dedicate..............................................SR 159 Gwinnett Judicial Circuit; salary supplements for judges; change provisions.................................................................................................................HB 640 State Highway System; dedicate certain portions ....................................................HR 36 INDEX H 4289 HANDICAPPED PERSONS Crimes and Offenses; protection of disabled adults and elder persons; expand and clarify.....................................................................................................HB 72 Georgia Special Needs Scholarship Act; notification of parents of eligible students as to scholarship options; revise provisions ..............................................HB 209 Governor's Task Force on Blind and Visually Impaired Persons; create................. SB 66 Handicapped Persons; provide any motorized wheelchair or scooter operated on public ways and sidewalks shall be equipped with reflectors .............. SB 57 Public Utilities; telephone system for the physically impaired; provisions ............HB 201 Scholarship Program; special needs students; expand eligibility............................HB 296 Special Needs Students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide .............................................................................HB 62 HAZLEHURST, CITY OF Hazlehurst, City of; provide a new charter..............................................................HB 637 HEALTH Abortion; change certain provisions relating to criminal abortion........................... SB 39 Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions.................................................................................................................SB 114 AIDS; disclosure of such information under certain circumstances; change provisions ...................................................................................................HB 119 Alcoholic Beverages; local control of distance requirements for grocery stores as to the retail sale of wine and malt beverages; provide...............................HB 85 Behavioral Health Coordinating Council; two additional members to serve on Council; provide........................................................................................HB 288 Board of Community Health; provide that one member of the Board is member of the State Health Benefit Plan ................................................................SB 145 Charity Care Organizations; provide health care services to the uninsured in this state; definitions; tax credits for contributions; establish .............................. SB 74 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home; provisions ................................... SB 111 Crimes and Offenses; protection of disabled adults and elder persons; expand and clarify.....................................................................................................HB 72 Georgia Family Planning Initiative; definitions; authorize public and private funding; enact ............................................................................................... SB 41 Georgia HIV/Syphilis Pregnancy Screening Act of 2015; enact ............................HB 436 4290 INDEX Georgia's Technical Schools, colleges and universities; expand gerontology and dementia education and training; encourage ................................HR 304 Haleigh's Hope Act; enact ..........................................................................................HB 1 Health Records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility................................................................HB 385 Health; clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms.....................................................................................SB 109 Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies .................................................................................................. SB 185 Health; Medicaid expansion; repeal Code Section 31-1-40 ..................................... SB 40 Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 Home Care Patient Protection Act; enact ................................................................HB 183 Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; certain insurance coverage of autism spectrum disorders; provide.........................HB 429 Insurance; reimbursement for treatment of burns for skin substitutes utilizing cryopreserved cadaver derived skin tissue; provide.................................HB 409 Jason Flatt Act-Georgia; enact ................................................................................HB 198 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Medical Assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions....................HB 537 Nursing Homes; violation of certain regulations shall not constitute negligence per se; provide .......................................................................................HB 342 Pain Management Clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision ...........HB 212 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Pharmacists and Pharmacies; substitutions of interchangeable biological products; provide ....................................................................................................HB 195 Professional Corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide .....................................................................................................................HB 316 Sales and Use Tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions ..................................................................................................HB 426 Social Services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions.....................................HB 86 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 INDEX 4291 HEALTH CARE PLANS Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions.................................. SB 158 Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; certain insurance coverage of autism spectrum disorders; provide.........................HB 429 HEALTH PLANNING; CERTIFICATE OF NEED Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home; provisions ................................... SB 111 HEALTH; RECORDS Health Records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility................................................................HB 385 HEARING AID DEALERS AND DISPENSERS State Board of Hearing Aid Dealers and Dispensers; change certain provisions.................................................................................................................HB 232 HENRY COUNTY Board of Commissioners of Henry County; authority, roles, and responsibilities of the Chairperson, Board of Commissioners, and County Manager; define ...................................................................................................... SB 219 Henry County; Board of Commissioners; authority, roles, and responsibilities of Chairperson, Board of Commissioners and County Manager; define ......................................................................................................HB 554 HIGHWAYS, BRIDGES, AND FERRIES Abandoned Public Road Property; notice and right to acquire when located within a subdivision; provide .....................................................................HB 477 Acquisition of Property for Transportation Purposes; attorney's fees and expenses of trial in appeals to condemnation compensation award amount ...........SB 144 Appalachian Parkway; White County; dedicate......................................................SR 290 Brooks-Foster Crossing; Gwinnett County; dedicate..............................................SR 159 Captain Herb Emory Flyover Ramp; dedicate ......................................................... SR 40 E-4 Roger Dorsey, United Sates Navy, Memorial Intersection; dedicate...............SR 355 Frank L. Danchetz Highway; Forsyth County; dedicate ........................................ SR 410 Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal ........................................................HB 386 Gladys Knight Highway; Fulton County; dedicate .................................................SR 441 Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Department of Transportation ............SB 169 4292 INDEX J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate ...............HR 215 Loyd Strickland Memorial Intersection; dedicate ...................................................SR 550 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to Commissioner of Department of Transportation until 2017; provide ...........................................................................................................HB 214 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 Paul V. Liles, Jr., Bridge; Fulton County; dedicate.................................................SR 411 Procedures for Disposition of Property; provide for notice and right to acquire when such property is located within subdivision; provide........................SB 170 Public Roads and Bridges; 10 percent of revenue; providing and maintaining an adequate system; provisions ..........................................................SR 527 Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 Senator Lawrence (Bud) Stumbaugh Bridge; DeKalb County; dedicate................SR 296 State Highway System; certain portions; dedicate ..................................................SR 126 State Highway System; dedicate certain portions ....................................................HR 36 State Road and Tollway Authority; collection of tolls for the management of traffic flow; authorize..........................................................................................SB 125 Transit Authority; creation of; metropolitan areas; repeal a population provision ...................................................................................................................HB 21 Transportation Funding Act of 2015; enact.............................................................HB 170 HOGANSVILLE, CITY OF Hogansville, City of; filling of vacancies in office of Mayor or Councilmember; provide certain procedures...........................................................HB 345 HOLIDAYS AND OBSERVANCES Water Professionals Appreciation Day; designate the first Monday in May of each year; enact...........................................................................................SB 119 HOSPITALS AND OTHER HEALTH CARE FACILITIES Alcoholic Beverages; local control of distance requirements for grocery stores as to the retail sale of wine and malt beverages; provide...............................HB 85 Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home; provisions ................................... SB 111 Home Care Patient Protection Act; enact ................................................................HB 183 Nursing Homes; violation of certain regulations shall not constitute negligence per se; provide .......................................................................................HB 342 Social Services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions.....................................HB 86 INDEX 4293 HOTELS, MOTELS, INNS, AND ROADHOUSES Excise Tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities .............................................................HB 408 HOUSE OF REPRESENTATIVES Adjournment; relative to...........................................................................................HR 19 General Appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 ................HB 76 House Convened; notify Senate .................................................................................HR 6 Interstate Cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members.............HB 540 Joint Georgia-Alabama Study Committee; create ...................................................HR 395 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers ...............................................................................HR 9 Joint Session; message from Chief Justice of the Supreme Court ...........................HR 11 Joint Session; message from Governor ....................................................................HR 10 Supplemental Appropriations; State Fiscal Year July 1, 2014 - June 30, 2015 ..........................................................................................................................HB 75 United States Congress; extend authorization for Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; encourage .........................................................................................HR 419 HOUSTON COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 HUMAN RESOURCES, DEPARTMENT OF Board of Community Health; provide that one member of the Board is member of the State Health Benefit Plan ................................................................SB 145 HUMAN SERVICES, DEPARTMENT OF Paternity; testing in certain cases; revise provisions ...............................................HB 568 Social Services; provide for various reforms regarding the state's child welfare system ........................................................................................................ SB 138 I INCOME TAX Charity Care Organizations; provide health care services to the uninsured in this state; definitions; tax credits for contributions; establish .............................. SB 74 Georgia Employer GED Tax Credit Act of 2015; enact ..........................................HB 63 Income Tax Credit; change amount of credit for electric vehicle chargers; provisions.................................................................................................................HB 200 4294 INDEX Income Tax Credit; film, video or digital production; extend ................................HB 339 Income Tax; claimant agency; revise definition......................................................HB 275 Income Tax; revise tax credit for rehabilitation of historic structures; provisions.................................................................................................................HB 308 Income Tax; water conservation facilities and a shift from ground-water usage; sunset tax credit ............................................................................................HB 464 Income Taxes; require the department to prepare a tax return for certain taxpayers ................................................................................................................... SB 30 Job Creation Standards Act of 2015; enact .............................................................. SB 16 State Income Tax; angel investor tax credit; extend ...............................................HB 237 State Income Tax; certain allocations to owners of certain entities shall be governed by Georgia law; clarify .............................................................................HB 20 INDIGENT AND ELDERLY PATIENTS Charity Care Organizations; provide health care services to the uninsured in this state; definitions; tax credits for contributions; establish .............................. SB 74 INSURANCE Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions.................................. SB 158 Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home; provisions ................................... SB 111 Georgia New Markets Jobs Act; enact ...................................................................HB 439 Health; Medicaid expansion; repeal Code Section 31-1-40 ..................................... SB 40 Insurance Transactions; eliminate the foreign and alien insurer deposit requirement; eligible for the investment of capital funds....................................... SB 249 Insurance; conspicuous notice and clear exclusion notices and guidance; provide ......................................................................................................................HB 84 Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; certain insurance coverage of autism spectrum disorders; provide.........................HB 429 Insurance; provide changes to the captive insurance company provisions; add definitions ........................................................................................................HB 552 Insurance; provide for access to opioid analgesics with abuse-deterrent properties; definitions ..............................................................................................SB 245 Insurance; insurance coverage for autism spectrum disorders; provide..................... SB 1 Insurance; federal home loan bank rights; collateral pledged by an insurer-member subject to delinquency proceedings; provisions ...........................SB 229 Insurance; provide for insurance compliance self-evaluative privilege; provisions.................................................................................................................HB 162 Insurance; provide insurance requirements for transportation network companies and drivers; definitions; minimum liability limits; provisions..............SB 196 INDEX 4295 Insurance; provide requirements for transportation network companies and their drivers; provisions ....................................................................................HB 190 Insurance; provide the requirements for maintaining a risk management framework; provisions .............................................................................................SB 108 Insurance; reimbursement for treatment of burns for skin substitutes utilizing cryopreserved cadaver derived skin tissue; provide.................................HB 409 Insurance; insurer providing services under State Health Benefit Plan to include certain trauma centers in provider network; require.................................. SB 143 Insurance; Standard Valuation Law; extensively revise ........................................HB 185 Insurers, Limits of Risks, Reinsurance; provide for certain requirements by any insurer; liability insurance policy covering automobile liability.................SB 123 Life Insurance Consumer Disclosure Act; enact .....................................................SB 136 Local Government; regulate transportation for hire; provisions .............................HB 225 Mutual Insurance Holding Company Act; reorganization of mutual insurers and formation of mutual insurance holding companies.............................SB 204 Property Insurance; expand the ownership restriction; value of the property covered against loss by fire; provisions ....................................................SB 137 The Pharmacy Audit Bill of Rights; change certain provisions ..............................HB 470 Uninsured Motorist Coverage; recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; change provisions ...................................................................................................HB 303 INTEREST AND USURY Interest and Usury; interest on certain domestic relations cases; clarify provisions.................................................................................................................HB 347 ISAKSON, U.S. SENATOR JOHNNY; addressed the Senate .............................P..age 728 J JACKSON COUNTY State Highway System; dedicate certain portions ....................................................HR 36 JAILS DNA Sampling, Collection, and Analysis; analysis and collection of DNA for individuals arrested and convicted of felony offenses; provide................ SB 77 JOHNSON, U.S. REPRESENTATIVE HANK; addressed the Senate .............P..a..ge 1208 4296 INDEX JUDGES Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions ..........................................HB 207 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 JUDICIAL CIRCUITS Blue Ridge Judicial Circuit; appointment of District Attorney investigators; provide...............................................................................................HB 490 JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; preservation of rights by certain persons; change certain provisions ..........................................................................SB 243 JURIES Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions ..........................................HB 207 Grand Jurors; prohibit certain individuals from serving; provisions.......................HB 418 JUVENILE PROCEEDINGS Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 Higher Education Access and Success for Homeless and Foster Youth Act; enact .................................................................................................................SB 178 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions ......................................................................HB 361 Juvenile Proceedings; provide that minor violations of weapons in school safety zones are not considered Class B designated felonies ................................. SB 141 K KENNESAW, CITY OF Kennesaw, City of; corporate limits; change provisions........................................HB 329 INDEX 4297 KINGSLAND, CITY OF Kingsland, City of; election of mayor and council by majority vote; provide .....................................................................................................................HB 453 Kingsland, City of; holding of elections in even-numbered years; provide............HB 454 L LABOR AND INDUSTRIAL RELATIONS Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions.................................. SB 158 Employment Security Law; change certain provisions ............................................ SB 19 Employment Security; modify definition of the term most recent employer; change certain provisions ......................................................................HB 117 Employment Security; provide leaving employer due to family violence; good cause in connection with claim for unemployment benefits ........................... SB 42 Labor and Industrial Relations; allow employees to use sick leave for the care of immediate family members ........................................................................ SB 242 Labor and Industrial Relations; compensation for occupational diseases; firefighters; define certain terms............................................................................... SB 29 Labor and Industrial Relations; employer's obligation to provide time for employee to express breast milk for an infant child; provisions .............................. SB 43 Labor and Industrial Relations; provide for the payment of wages by credit to a payroll card; provisions ........................................................................... SB 88 Labor; create State Workforce Development Board; provisions ............................HB 348 Minimum Wage Law; provide for substantive and comprehensive reform; provisions.................................................................................................................. SB 15 Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions ..............................................................................HB 531 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Voluntary Veterans' Preference Employment Policy Act; enact.............................HB 443 Workers' Compensation; change certain provisions................................................HB 412 LABOR, DEPARTMENT OF Employment Security; modify definition of the term most recent employer; change certain provisions ......................................................................HB 117 LAFAYETTE, CITY OF Lafayette, City of; levy an excise tax .....................................................................HB 424 4298 INDEX LAKE CITY, CITY OF Lake Park, City of; election and terms of office of Mayor and Councilmen; provide ...............................................................................................HB 371 LAKELAND, CITY OF Lakeland, City of; provide a new charter ................................................................HB 626 LAMAR COUNTY Lamar County; Board of Education; members elected on nonpartisan basis; provide ...........................................................................................................HB 343 LANDLORD AND TENANT Landlord and Tenant; clarify and modernize the law governing landlords and tenants; provide for definitions; duties of landlords ........................................ SB 247 LANIER COUNTY Lanier County; Board of Commissioners; revise districts .....................................HB 188 Lanier County; Board of Education; revise districts ...............................................HB 189 LAURENS COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 State Highway System; dedicate certain portions ....................................................HR 36 LAW ENFORCEMENT OFFICERS AND AGENCIES Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide ..........................................................................................HB 230 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions ....................................................HB 263 DNA Sampling, Collection, and Analysis; provide for analysis and collection of DNA for individuals arrested and convicted of felony offenses ..................................................................................................................... SB 77 Law Enforcement Officers and Agencies; provide definitions; require peace officers be equipped with audio/video recording device; provisions............. SB 46 Law Enforcement Officers; require certain persons with arrest powers at university or college campuses; report allegations of rape to local law enforcement .............................................................................................................. SB 37 INDEX 4299 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions...........SB 177 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 LAWRENCEVILLE, CITY OF Lawrenceville Building Authority; create; public corporation ...............................SB 224 Lawrenceville, City of; amend corporate boundaries..............................................HB 634 LESLIE, CITY OF Leslie, City of; provide for a new charter; incorporation, boundaries, and powers......................................................................................................................SB 212 LIBERTY COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 LICENSE PLATES AND REGISTRATION Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 License Plates and Registration; civil penalty; commercial vehicle drivers; violation of provisions relating to display of license plates .......................SB 192 Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions ........................................................................ SB 82 Motor Vehicles; initial two-year registration period for certain vehicles; provide .....................................................................................................................HB 147 Revenue and Taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions .......................HB 202 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 LICENSES Alcoholic Beverages; prohibit certain conduct related to alcohol; impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses ...........................................................................................HB 152 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 4300 INDEX Drivers' Licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions...............................HB 118 Drivers' Licenses; provide for dissemination of certain information by the Department of Driver Services; provisions .............................................................HB 210 Drivers' Licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions ..............................................................HB 114 Feral Hog Control Act; enact...................................................................................HB 475 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Georgia Board of Nursing; revise provisions relating to powers and duties; provisions ....................................................................................................HB 394 Home Care Patient Protection Act; enact ................................................................HB 183 Local Government; regulate transportation for hire; provisions .............................HB 225 Motor Vehicles; initial two-year registration period for certain vehicles; provide .....................................................................................................................HB 147 Pain Management Clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision ...........HB 212 Physical Therapists; licensure and regulations of therapists and therapy assistants; revise various provisions .......................................................................HB 505 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 State Board of Hearing Aid Dealers and Dispensers; change certain provisions.................................................................................................................HB 232 The Pharmacy Audit Bill of Rights; change certain provisions ..............................HB 470 Tobacco Products; manufacturers and importers; remove certain bonding requirements ............................................................................................................HB 312 LIEUTENANT GOVERNOR Addressed the Senate................................................................................................Page 4 Administered Oath of Office to Secretary of the Senate ....................................... Page 17 Communication; 2015-2016 Committee Assignments ..........................................P. age 35 Communication; appointed Committee on Assignments ...................................... Page 21 Communication; Senator Bill Cowsert resigned as Chairman of Committee on Higher Education .............................................................................Page 13 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers ...............................................................................HR 9 LIMOUSINE CARRIERS AND TAXICABS Local Government; regulate transportation for hire; provisions .............................HB 225 LINCOLN COUNTY State Highway System; dedicate certain portions ....................................................HR 36 INDEX 4301 LOCAL GOVERNMENT Alcoholic Beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide .....................................................................................................................HB 535 Annexation of Territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another municipality which are effective on the same day do not create a prohibited unincorporated island; provide...............................................................HB 432 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Contracts and Purchases by Public Schools; impose requirements on certain contracts and purchases by local boards of education ................................ SB 147 Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Counties, Municipalities, Other Entities; provide for electronic publication for certain public notices; procedures, conditions, and limitations ................................................................................................................SB 186 Counties; provide budget for population of two hundred thousand or more; repeal Act .....................................................................................................HB 527 Development Authorities; revise the definition of projects as applicable; modify the tax exemption ........................................................................................ SB 85 Downtown Development Authorities; provide for the priority of certain liens regarding assessments; provide...................................................................... SB 210 Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Financial Transaction Cards; provide for the prosecution of unlawful use of government purchasing cards; provisions ...........................................................HB 192 Game and Fish; trapping of raccoons in certain counties; repeal a provision ..................................................................................................................HB 160 Homestead Option Sales Tax Act; enact ................................................................HB 215 Local Government Investment Pool; trust fund managed by state treasurer; provide ......................................................................................................HB 95 Local Government; provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs; provisions................................. SB 201 Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide .................. SB 4 Local Government; regulate procedures governing applications for permits for critical infrastructure projects; provisions ............................................SB 142 Local Government; regulate transportation for hire; provisions .............................HB 225 Local Government; require reports of revenues submitted to Department of Community Affairs; total amount of speeding fine collected .............................SB 134 4302 INDEX Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 Municipal Courts; make municipal courts a court of record .................................. SB 205 Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create ..................................................................................................... SB 59 Public Officers; counties and municipalities provide by local law for district durational residency requirements; authorize...............................................HB 73 Redevelopment Powers Law; revise provisions relating to payments in lieu of taxes..............................................................................................................SB 218 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 Urban Redevelopment Law; revise terminology from slums to pockets of blight; provisions ....................................................................................................HB 174 LONG, JOHN; re-elected Sergeant at Arms ............................................................Page 17 LOTTERY FOR EDUCATION Bona Fide Coin Operated Machines; provide certain definitions; license fees and requirements for manufacturers and distributors; provisions....................SB 190 Georgia Lottery for Veterans; provide that the Georgia Lottery Corporation shall offer one or more games to benefit veterans; provisions ...........SB 155 Georgia Lottery; allow winner to remain anonymous if donates 25 percent to the Lottery for Education Account or other tax exempt organizations; provisions .........................................................................................SB 179 LOUDERMILK, U.S. REPRESENTATIVE BARRY; addressed the Senate........................................................................................................................P..age 940 LOWNDES COUNTY Lowndes County; levy an excise tax ......................................................................HB 431 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 LUMPKIN COUNTY State Highway System; certain portions; dedicate ..................................................SR 126 State Highway System; dedicate certain portions ....................................................HR 36 INDEX 4303 M MACON COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 MACON, CITY OF Macon Water Authority Act; ability to operate a storm water utility; provide .....................................................................................................................HB 623 Macon Water Authority Act; change compensation of members; provisions.................................................................................................................HB 447 Macon Water Commissioners - Pension Plan; pension rights; repeal a provision ...................................................................................................................HB 36 MADISON, CITY OF State Highway System; dedicate certain portions ....................................................HR 36 MALT BEVERAGES Alcoholic Beverages; manufacturers of certain alcoholic beverages; certain quantities and types of such beverages for consumption on/off premises; provisions ................................................................................................. SB 63 MARIJUANA Haleigh's Hope Act; enact ..........................................................................................HB 1 MARSHALLVILLE, CITY OF Marshallville, City of; filling a vacancy in the office of Mayor or Councilmember; revise manner...............................................................................HB 181 MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to Commissioner of Department of Transportation until 2017; provide ...........................................................................................................HB 214 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 MASS TRANSPORTATION Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Department of Transportation ............SB 169 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 4304 INDEX Transit Authority; creation of; metropolitan areas; repeal a population provision ...................................................................................................................HB 21 MCDUFFIE COUNTY McDuffie County; Board of Elections and Registration; increase membership of Board ..............................................................................................HB 559 McDuffie County; change the annual salary of the Coroner.................................. SB 211 MCINTOSH COUNTY McIntosh County; Board shall consist of five members; provide ...........................HB 546 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 MEDICAL ASSISTANCE AND MEDICAID Medical Assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions....................HB 537 Health; Medicaid expansion; repeal Code Section 31-1-40 ..................................... SB 40 MENTAL HEALTH Behavioral Health Coordinating Council; two additional members to serve on Council; provide........................................................................................HB 288 Department of Behavioral Health and Developmental Disabilities; provide for certification; policies and procedures ...................................................SB 131 Mental Health; authorizing licensed professional counselor to perform certain acts; revise sunset provision; repeal in its entirety June 30, 2018................ SB 53 Mental Health; governing and regulation; change certain terminology and provisions.................................................................................................................HB 512 Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions ..............................................................................HB 531 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 MERIT SYSTEM Public Employees; limited paid leave for purpose of promoting education; authorize ................................................................................................HB 313 MERIWETHER COUNTY Property Conveyance; authorizing 16 counties to convey property........................SR 266 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 INDEX 4305 MILITARY AFFAIRS; DEPARTMENT OF DEFENSE Georgia Code of Military Justice; enact ...................................................................HB 98 State Defense Force; remove restrictions; rights of public officers and employees to be absent for service; reemployment rights........................................ SB 69 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Ad Valorem Tax; certain persons from penalties for failure to timely pay tax; exempt................................................................................................................HB 94 Charter Schools; enrollment priorities for educationally disadvantaged students and military students; provide ..................................................................HB 474 Georgia Code of Military Justice; enact ...................................................................HB 98 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 Special Needs Students; waive certain qualifications for a student whose parent is an active duty military service member stationed in Georgia within the previous year; provide .............................................................................HB 62 State Defense Force; remove restrictions; rights of public officers and employees to be absent for service; reemployment rights........................................ SB 69 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 Voluntary Veterans' Preference Employment Policy Act; enact.............................HB 443 War Veterans' Home; residency requirements to qualify for admission; revise........................................................................................................................HB 180 MILLEDGEVILLE, CITY OF Milledgeville-Baldwin County; provide for unified government; provisions..................................................................................................................HB 67 MILTON, CITY OF Milton, City of; change description of election districts ........................................HB 570 MINORITY REPORTS Filed on SB 129 ................................................................................................... Page 877 Filed on SB 133 ................................................................................................... Page 863 Filed on SR 287 ................................................................................................... Page 847 MINORS Crimes and Offenses; provide leaving certain children in vehicles; cruelty to children in the third degree................................................................................... SB 35 Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions ......................................................................................HB 401 4306 INDEX Education; automatic expulsion for possession of firearms and dangerous weapons at school; revise a provision .................................................................... SB 161 Education; change requirement for local board of education to conduct a disciplinary hearing; suspensions ............................................................................SB 165 Education; eliminate Georgia High School Graduation Test as a requirement for graduation; provisions ....................................................................HB 91 Education; increase the maximum fine for parents who violate compulsory attendance laws; revise provisions.......................................................SB 166 Education; mandatory education for children between ages 6 and 16; raise the age of mandatory attendance; revise provisions ........................................ SB 56 Education; noncitizen students; same consideration as citizens of U.S.; determining whether they qualify for in-state classification; tuition and fees ............................................................................................................................ SB 44 Education; raise the mandatory education from 16 to 17 1/2; adult literacy for purposes of conformity; revise provisions............................................. SB 60 Education; require students to obtain a passing score on a civics test; eligible to receive a high school diploma ................................................................SB 213 Education; student discipline reporting for students less than ten years old; revise provisions...............................................................................................SB 162 Education; student who completes certain requirements relating to postsecondary coursework awarded a high school diploma; provisions.................... SB 2 Employment of Minors; issuance of employment certificates; change certain provisions....................................................................................................HB 366 Georgia Leadership and Service Admission Act; enact ........................................... SB 58 Kelsey's Law; enact ................................................................................................HB 103 Labor and Industrial Relations; employer's obligation to provide time for employee to express breast milk for an infant child; provisions .............................. SB 43 Medical Assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions....................HB 537 Opportunity School District; establishment; provide for definitions; supervision of public elementary and secondary schools that are qualifying .................................................................................................................SB 133 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses .............. SR 7 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 Supporting and Strengthening Families Act; power of attorney from parent to another person; care of minor child; provide for......................................... SB 3 INDEX 4307 Torts; provide civil immunity for a person; forcible entry of a motor vehicle for purpose of removing a minor; imminent danger to the minor; provide ...................................................................................................................... SB 55 Victim Compensation; increase the amount payable for funeral expenses; enlarge pool of claimants include individuals related by marriage; revise provisions.................................................................................................................. SB 79 MONROE COUNTY Forsyth, City of; provide a new charter ..................................................................HB 553 Property Conveyance; authorizing 16 counties to convey property........................SR 266 MONTGOMERY COUNTY State Highway System; dedicate certain portions ....................................................HR 36 MONTICELLO, CITY OF Monticello, City of; dissolve Municipal Court........................................................HB 398 MORTGAGES, LIENS, AND SECURITY Estates; taxes and tax liens; change provisions .......................................................HB 547 Property; require purchaser of a condominium development at a foreclosure sale take title subject to lien; provide ...................................................SB 117 Property; witnessing requisites of deeds, mortgages, and bills of sale; change and clarify provisions ..................................................................................HB 322 MOTOR FUEL AND ROAD TAX Motor Fuel Taxes; appropriated for any or all public transportation purposes; provide ..................................................................................................... SR 97 Transportation Funding Act of 2015; enact.............................................................HB 170 MOTOR VEHICLES AND TRAFFIC Ad Valorem Tax; certain persons from penalties for failure to timely pay tax; exempt................................................................................................................HB 94 Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Drivers' Licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions...............................HB 118 Drivers' Licenses; provide for dissemination of certain information by the Department of Driver Services; provisions .............................................................HB 210 Drivers' Licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions ..............................................................HB 114 4308 INDEX Georgia Road Safety and Driver's License Integrity Act; persons who possess lawful alien status are only category of noncitizens; provisions................... SB 6 Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Department of Transportation ............SB 169 Income Tax Credit; change amount of credit for electric vehicle chargers; provisions.................................................................................................................HB 200 Insurance; provide insurance requirements for transportation network companies and drivers; definitions; minimum liability limits; provisions..............SB 196 Insurance; provide requirements for transportation network companies and their drivers; provisions ....................................................................................HB 190 License Plates and Registration; civil penalty; commercial vehicle drivers; violation of provisions relating to display of license plates .......................SB 192 Local Government; regulate transportation for hire; provisions .............................HB 225 Local Government; require reports of revenues submitted to Department of Community Affairs; total amount of speeding fine collected .............................SB 134 Motor Vehicles and Traffic; create new class or motor vehicles to be known as autonomous vehicles; definitions; requirements .................................... SB 113 Motor Vehicles and Traffic; require policies; prohibit law enforcement officers from impermissibly using race/ethnicity to stop motor vehicle; provide ...................................................................................................................... SB 83 Motor Vehicles Fair Practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception..................................................................................................................HB 393 Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions ........................................................................ SB 82 Motor Vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre..........................HB 375 Motor Vehicles; initial two-year registration period for certain vehicles; provide .....................................................................................................................HB 147 Motor Vehicles; provisions relating to loads shall include certain trailers; provide .....................................................................................................................HB 123 Motor Vehicles; provisions relating to loads shall include certain trailers; provide .....................................................................................................................HB 123 Motor Vehicles; require motor vehicle headlights to emit only white light; provide............................................................................................................SB 240 Motorcycle Mobility Safety Act; safe operation of a motorcycle; inoperative traffic-control signal; enact.................................................................... SB 76 Revenue and Taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions .......................HB 202 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 Safety Belts; definition of term passenger vehicle; modify ...................................HB 325 INDEX 4309 Smokefree Cars for Children Act; any person in control of a motor vehicle who smokes; person under the age of 15 in vehicle; misdemeanor............SB 130 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 State Road and Tollway Authority; collection of tolls for the management of traffic flow; authorize..........................................................................................SB 125 Torts; provide civil immunity for a person; forcible entry of a motor vehicle for purpose of removing a minor; imminent danger to the minor; provide ...................................................................................................................... SB 55 Transportation Funding Act of 2015; enact.............................................................HB 170 Uniform Rules of the Road; procedure for passing sanitation vehicles; provide .....................................................................................................................HB 206 Uninsured Motorist Coverage; recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; change provisions ...................................................................................................HB 303 MOUNT ZION, CITY OF Mount Zion, City of; provide a new charter ............................................................HB 468 MUNICIPALITIES Alcoholic Beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide .....................................................................................................................HB 535 Annexation of Territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another municipality which are effective on the same day do not create a prohibited unincorporated island; provide...............................................................HB 432 Downtown Development Authorities; provide for the priority of certain liens regarding assessments; provide...................................................................... SB 210 Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions ...................................................HB 370 Excise Tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities .............................................................HB 408 Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide .................. SB 4 Local Government; regulate transportation for hire; provisions .............................HB 225 Municipal Courts; make municipal courts a court of record .................................. SB 205 Public Officers; counties and municipalities provide by local law for district durational residency requirements; authorize...............................................HB 73 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 4310 INDEX Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 MUTUAL AID ACT Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 N NATURAL RESOURCES, DEPARTMENT OF Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities are prohibited.............SB 101 NEWTON COUNTY Newton County Community Improvement Districts Act; enact .............................SB 182 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 NURSES Georgia Board of Nursing; revise provisions relating to powers and duties; provisions ....................................................................................................HB 394 Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions.................................................................................................................SB 114 NURSING HOMES Nursing Homes; violation of certain regulations shall not constitute negligence per se; provide .......................................................................................HB 342 Pharmacists and Pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; provide minimum standards.................................................................................................HB 511 O OATH OF OFFICE 2015 - 2016 Senators................................................................................................ Page 3 Cook, David A.; Secretary of the Senate ................................................................Page 17 INDEX 4311 ONEGEORGIA AUTHORITY Georgia Sports Commission Fund; create; provisions ............................................HB 510 OPEN AND PUBLIC MEETINGS Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide .................. SB 4 P PARDONS AND PAROLES Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Pardons and Paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions ...............HB 71 PARENT AND CHILD Alimony and Child Support; jurisdiction of courts that hear contempt proceedings; expand ................................................................................................HB 567 Child Abuse; mandatory reporters; change provisions ...........................................HB 268 Child Custody; require parenting plans to be incorporated into final orders; change provisions .........................................................................................HB 52 Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 Paternity; testing in certain cases; revise provisions ...............................................HB 568 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Oconee River Greenway Authority; certain members to appoint a designee; allow .........................................................................................................HB 82 PATIENT RIGHT TO KNOW Professions and Businesses; physician profiles; limit the use of specialty board designations by physicians; provide............................................................... SB 87 PAULDING COUNTY Paulding County; Board of Education; change method of filling vacancies..................................................................................................................HB 651 Property Conveyance; authorizing 16 counties to convey property........................SR 266 4312 INDEX PAYNE, CITY OF Payne City; abolish; provide for disposition of the assets, property, and legal rights ................................................................................................................ SB 11 Payne, City of; abolish.............................................................................................HB 575 PEACE OFFICERS; EMPLOYMENT AND TRAINING Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Law Enforcement Officers and Agencies; provide definitions; require peace officers be equipped with audio/video recording device; provisions............. SB 46 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions...........SB 177 PEACHTREE CITY, CITY OF Peachtree City Public Facilities Authority; modify a definition; add an additional power .....................................................................................................HB 668 Peachtree City, City of; Redevelopment Powers Law; provide a referendum ...............................................................................................................HB 495 PENAL INSTITUTIONS Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Armed Security Guard; require that a criminal background check be performed prior to the issuance of a license ............................................................. SB 70 Carrying and Possession of Firearms; prohibit restoration of gun rights to persons who have been convicted of forcible felony; change provision.................. SB 48 DNA Sampling, Collection, and Analysis; provide for analysis and collection of DNA for individuals arrested and convicted of felony offenses ..................................................................................................................... SB 77 Pardons and Paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions ...............HB 71 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Torts; provide immunity from liability; persons entering a parked motor vehicle; purpose of removing a child from motor vehicle; definitions .................... SB 34 PERRY, CITY OF Perry Public Facilities Authority Act; enact............................................................HB 652 INDEX 4313 PHARMACISTS AND PHARMACIES Health; program of clinical trials of cannabidiol-containing products; treating certain residents under 18 years of age who have medicationresistant epilepsies .................................................................................................. SB 185 Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Pharmacists and Pharmacies; certain provisions shall not apply; facility engaged solely in the distribution of dialysate, drugs; patients with end stage renal disease................................................................................................... SB 194 Pharmacists and Pharmacies; provide for substitutions of interchangeable biological products.................................................................................................... SB 51 Pharmacists and Pharmacies; substitutions of interchangeable biological products; provide ....................................................................................................HB 195 Pharmacists and Pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; provide minimum standards.................................................................................................HB 511 Prescription Drugs; certain refills of topical ophthalmic products under certain conditions; authorize.....................................................................................HB 47 Student Health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize...............................................................................................HB 362 The Pharmacy Audit Bill of Rights; change certain provisions ..............................HB 470 PHYSICAL THERAPISTS Physical Therapists; licensure and regulations of therapists and therapy assistants; revise various provisions .......................................................................HB 505 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Abortion; change certain provisions relating to criminal abortion........................... SB 39 Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions.................................................................................................................SB 114 Controlled Substances Therapeutic Relief Act; repeal provisions; provide for medical use of marijuana; definitions .................................................................. SB 7 Haleigh's Hope Act; enact ..........................................................................................HB 1 Health; vaccination against meningococcal disease of college students; revise provisions .....................................................................................................HB 504 Pain Management Clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision ...........HB 212 Patient Compensation Act; establish ........................................................................ SB 86 4314 INDEX Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Physician Assistants; authorize a physician to delegate to physician assistant the authority to prescribe Schedule II controlled substances....................SB 115 PICKENS COUNTY Pickens County; Magistrate Court; Clerk; appointed by and serve at pleasure of Chief Magistrate....................................................................................HB 639 PLANNING AND BUDGET, OFFICE OF Health Records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility................................................................HB 385 POLK COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 PORTERDALE, CITY OF Porterdale, City of; Redevelopment Powers Law; provide a referendum...............HB 379 PORTS AUTHORITY, GEORGIA Georgia Ports Authority; provide for powers; acceptance of loans/grants from United States upon certain terms and conditions............................................... SB 5 POSTSECONDARY EDUCATION Bou Bou's Law; the use of no-knock search warrants; provide ............................... SB 45 Education; programs; person solicit transaction with student-athlete; prohibit........................................................................................................................HB 3 Georgia's Technical Schools, colleges and universities; expand gerontology and dementia education and training; encourage ................................HR 304 HOPE Scholarships and Grants; provide amount; shall be accepted as full payment of tuition by University System of Georgia institutions............................ SB 13 Move on When Ready Act; program for high school students to attend postsecondary institutions; provisions.................................................................... SB 132 Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions ................................................................................................HB 320 PRICE, U.S. REPRESENTATIVE TOM; addressed the Senate.......................P..a..ge 1208 INDEX 4315 PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Armed Security Guard; require that a criminal background check be performed prior to the issuance of a license ............................................................. SB 70 PRIVATE SCHOOLS Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 PROBATE COURTS Probate Courts; remove certain limitations on the jurisdiction of the probate courts over the game and fish violations ..................................................... SB 62 PROBATION Armed Security Guard; require that a criminal background check be performed prior to the issuance of a license ............................................................. SB 70 Carrying and Possession of Firearms; prohibit restoration of gun rights to persons who have been convicted of forcible felony; change provision.................. SB 48 PROFESSIONS AND BUSINESSES Abortion; change certain provisions relating to criminal abortion........................... SB 39 Accountants; provide for powers and actions granted to other licensing boards; provisions ...................................................................................................HB 246 Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions.................................................................................................................SB 114 Armed Security Guard; require that a criminal background check be performed prior to the issuance of a license ............................................................. SB 70 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Consumer Information and Awareness Act; enact ..................................................HB 416 Controlled Substances Therapeutic Relief Act; repeal provisions; provide for medical use of marijuana; definitions .................................................................. SB 7 Dental and Dental Hygienists; provide for the profession of dental hygiene therapy; licensure .......................................................................................SB 248 Georgia Board of Nursing; revise provisions relating to powers and duties; provisions ....................................................................................................HB 394 Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Haleigh's Hope Act; enact ..........................................................................................HB 1 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 4316 INDEX Pain Management Clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision ...........HB 212 Patient Compensation Act; establish ........................................................................ SB 86 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 Physical Therapists; licensure and regulations of therapists and therapy assistants; revise various provisions .......................................................................HB 505 Physician Assistants; authorize a physician to delegate to physician assistant the authority to prescribe Schedule II controlled substances....................SB 115 Professional Engineers and Land Surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt..............................HB 18 Professional Licensing Boards; make designations for the receipt and processing of applications for examination; provide...............................................HB 297 Professions and Businesses; physician profiles; limit the use of specialty board designations by physicians; provide............................................................... SB 87 Professions and Businesses; State Board of Barbers and State Board of Cosmetology; combine ............................................................................................HB 314 Real Estate Appraisers; requirements for establishment and maintenance of a real estate appraisal management company; change certain provisions.................................................................................................................HB 253 Real Estate Brokers and Salespersons; provide for acceptance of funds in a separate, federally insured account at financial institution by such persons ...................................................................................................................... SB 95 State Board of Hearing Aid Dealers and Dispensers; change certain provisions.................................................................................................................HB 232 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 PROPERTY Abandoned Public Road Property; notice and right to acquire when located within a subdivision; provide .....................................................................HB 477 Ad Valorem Tax; property; change certain definitions ...........................................HB 221 Ad Valorem Tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide.............................................................................................HB 496 Alcoholic Beverages; regulation; driver's license suspensions; repeal certain provisions.................................................................................................... SB 100 Annexation of Territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another INDEX 4317 municipality which are effective on the same day do not create a prohibited unincorporated island; provide...............................................................HB 432 Condominiums; amount permissible as a special assessment fee; change..............HB 245 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Landlord and Tenant; clarify and modernize the law governing landlords and tenants; provide for definitions; duties of landlords ........................................ SB 247 Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions ........................................................................ SB 82 Property; joint tenants divorce or have marriage annulled under certain circumstances; provide procedure for tenancy in common ......................................HB 99 Property; require purchaser of a condominium development at a foreclosure sale take title subject to lien; provide ...................................................SB 117 Property; witnessing requisites of deeds, mortgages, and bills of sale; change and clarify provisions ..................................................................................HB 322 Sales and Use Tax; tangible personal property used for or in renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of Internal Revenue Code; provide exemption.........................................................................................HB 238 Taxes; amount payable at redemption of property; change provisions....................HB 51 PROSECUTING ATTORNEYS Prosecuting Attorneys; provide for appointment; law enforcement officer charged with a felony or act of family violence ....................................................... SB 50 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 PUBLIC ASSISTANCE Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions ......................................................................HB 328 Medicaid; authorization of appropriations; medical assistance payments to providers of Medicaid expansion ......................................................................... SB 38 Medical Assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions....................HB 537 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; change certain provisions relating to criminal abortion........................... SB 39 Animal Protection; payment of expenses while an animal impounded; create provisions ..................................................................................................... SB 173 Bingo; increase the permissible prize amounts .......................................................SB 188 Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions ......................................................................................HB 401 4318 INDEX PUBLIC HEALTH, DEPARTMENT OF Georgia Family Planning Initiative; definitions; authorize public and private funding; enact ............................................................................................... SB 41 PUBLIC LAWSUITS Georgia Religious Freedom Restoration Act; provide for the preservation of religious freedom; enact ......................................................................................SB 129 PUBLIC OFFICERS AND EMPLOYEES Community Health, Board of; reopen the 2014 open enrollment; major medical facility declared out of network; define certain terms .................................. SB 9 Community Health, Board of; reopen the 2014 open enrollment; major medical facility declared out of network; define certain terms ................................ SB 32 Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions.................................. SB 158 Ethics in Government Act; revise; change the name; reconstitute the membership............................................................................................................... SB 21 Georgia Judicial Retirement System; preservation of rights by certain persons; change certain provisions ..........................................................................SB 243 Georgia Lottery for Veterans; provide that the Georgia Lottery Corporation shall offer one or more games to benefit veterans; provisions ...........SB 155 Georgia World War I Centennial Commission; create; membership, powers, and duties .................................................................................................. SB 203 Insurance; provide for access to opioid analgesics with abuse-deterrent properties; definitions ..............................................................................................SB 245 Insurance; insurance coverage for autism spectrum disorders; provide..................... SB 1 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers ...............................................................................HR 9 Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create ..................................................................................................... SB 59 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Public Employee Hazardous Chemical Protection and Rights to Know Act of 1988; transfer responsibility to Safety Fire Commissioner; provisions.................................................................................................................HB 278 Public Employees; limited paid leave for purpose of promoting education; authorize ................................................................................................HB 313 Public Officers and Employees; allow to disclose a violation of or noncompliance with a law or rule to the press under certain conditions; authorize ................................................................................................................... SB 22 INDEX 4319 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 Public Officers and Employees; voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program; authorize ...................................................................................HB 551 Public Officers; counties and municipalities provide by local law for district durational residency requirements; authorize...............................................HB 73 Public Official; revise the manner of appointment for a temporary replacement officer under certain circumstances; provide ...................................... SB 10 State Symbols; designate white-tailed deer as official state mammal......................HB 70 Transportation Funding Act of 2015; enact.............................................................HB 170 PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Alcoholic Beverages; furnishing alcohol to person under 21; revise penalties ...................................................................................................................SB 160 Carrying and Possession of Firearms; prohibit restoration of gun rights to persons who have been convicted of forcible felony; change provision.................. SB 48 Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 Firearms; allow person to be detained by law enforcement; purpose of investigating whether such a person has a weapons carry license ........................... SB 73 Firearms; prohibit all carrying of weapons in government buildings ...................... SB 67 Firearms; provide for training requirement for the issuance of a weapons carry license .............................................................................................................. SB 68 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 Juvenile Proceedings; provide that minor violations of weapons in school safety zones are not considered Class B designated felonies ................................. SB 141 Kelsey's Law; enact ................................................................................................HB 103 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions...........SB 177 Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant..............SB 154 Tanja's Law; provide measure of equivalency in punishment of crimes committed against police dogs in performance of their official duties .................... SB 72 PUBLIC PROPERTY State Properties Code; applicability of public bidding processes for certain conveyances; clarify ....................................................................................HB 104 4320 INDEX PUBLIC RETIREMENT SYSTEMS STANDARDS Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize .............................................................................................HB 217 Retirement; provide for creditable service for certain military service; provide for application and payment ...................................................................... SB 150 Retirement; provide for the creation of a Scrutinized Company List .....................SB 246 PUBLIC UTILITIES AND TRANSPORTATION Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal ........................................................HB 386 Motor Fuel Taxes; appropriated for any or all public transportation purposes; provide...................................................................................................... SR 97 Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create ..................................................................................................... SB 59 Public Utilities; telephone system for the physically impaired; provisions ............HB 201 Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 Solar Power Free-Market Financing Act of 2015; enact..........................................HB 57 Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 State of Georgia, Georgia Department of Transportation and electric utility companies; consider allowing use of their existing rights of way for pipeline expansion; request ...............................................................................HR 885 Transportation Funding Act of 2015; enact.............................................................HB 170 PUTNAM COUNTY Putman County; board of commissioners; provide for staggered terms .................. SB 75 Putnam County; levy an excise tax..........................................................................HB 465 Putnam County; Magistrate Court; revise number, manner of selection, and compensation of judges ....................................................................................HB 642 State Highway System; dedicate certain portions ....................................................HR 36 R RADAR SPEED DETECTION DEVICES Local Government; require reports of revenues submitted to Department of Community Affairs; total amount of speeding fine collected .............................SB 134 INDEX 4321 RAILROADS Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 RANDOLPH COUNTY Randolph County; Board of Commissioners; change compensation of Chairperson and other members ..............................................................................HB 533 RAPID TRANSIT AUTHORITIES, PORT AUTHORITIES, AND INDUSTRIAL AREAS; CHANGE OF NAME Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 RATZENBERGER, JOHN; addressed the Senate................................................P..age 569 REAL ESTATE Courts; certain activities involving real estate transactions; authorize ...................HB 153 Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize .............................................................................................HB 217 Real Estate Appraisers; requirements for establishment and maintenance of a real estate appraisal management company; change certain provisions.................................................................................................................HB 253 Real Estate Brokers and Salespersons; provide for acceptance of funds in a separate, federally insured account at financial institution by such persons ...................................................................................................................... SB 95 REAPPORTIONMENT Citizens' Redistricting Commission; create; membership and duties ...................... SB 20 Reapportionment; legislative and congressional; provide for procedures and standards ............................................................................................................ SR 45 State House Districts; boundaries of certain districts; revise .................................HB 566 REDEVELOPMENT POWERS LAW; COUNTIES AND MUNICIPALITIES Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide .................. SB 4 Redevelopment Powers Law; revise provisions relating to payments in lieu of taxes..............................................................................................................SB 218 REGULATION AND LICENSURE OF PHARMACY BENEFIT MANAGERS The Pharmacy Audit Bill of Rights; change certain provisions ..............................HB 470 4322 INDEX RESOLUTIONS; PRIVILEGED; EXPRESSING SENTIMENTS OF SENATE 2014 Greenbrier High School Golf Team; congratulate .......................................... SR 62 2015 Senate Aides and Senate Academic Aides; commend .................................. SR 508 3rd Annual Legislative Fly-in; recognize February 26, 2015 ................................ SR 385 40th Observance of the ending of Vietnam War; recognize the week of May 6-12, 2015 ........................................................................................................ SR 96 4-H Day; recognize February 23 .............................................................................. SR 22 Abraham Baldwin Agricultural College's 107th Anniversary; celebrate................SR 386 Ahabue, Ansel; commend ........................................................................................ SR 75 Alam, Haroon; commend ........................................................................................SR 435 Albany-Dougherty County Day; recognize February 26, 2015 ..............................SR 194 Allen, Diana; commend...........................................................................................SR 212 Allen, Tristen; commend .........................................................................................SR 521 Alpha Phi Alpha Day; recognize February 19, 2015 ..............................................SR 173 American with Disabilities Act Atlanta Symposium and the Society for Disability Studies Atlanta Conference; commend ..................................................SR 576 Andrews, Mr. David; recognize ..............................................................................SR 261 Anesthesiology Assistants Of Georgia; recognize ..................................................SR 268 Annual FNB South Community Golf Classic Tournament; commend ..................SR 499 Anthony, Lester; commend ...................................................................................... SR 46 Arcado Elementary School; commend................................................................... SR 375 Armstrong, Dee; commend .....................................................................................SR 146 Ashbee, Margaret Bishop; celebrate the birth .........................................................SR 633 Athens Community Career Academy; commend....................................................SR 144 Atlanta Hawks; commend ........................................................................................ SR 63 Atlanta Health Care Music & Gospel Festival; recognize ..................................... SR 556 Atlanta Junior Rowing Association; commend........................................................ SR 25 Atlanta Metropolitan State College Day; recognize March 18, 2015 .....................SR 189 Atlanta Motor Speedway Day; recognize February 26, 2015 ................................ SR 271 Autism Awareness Day; recognize January 28, 2015.............................................. SR 56 Aviation Day; recognize February 12, 2015 ...........................................................SR 180 Bailey's Bar-B-Que; recognize................................................................................SR 643 Bainbridge High School Band; commend...............................................................SR 347 Barbour, Lillian Riley; recognize ............................................................................SR 495 Barrow, Dr. Linda; recognize..................................................................................SR 551 Beard, Danny; commend .........................................................................................SR 516 Bell, Sherry; commend............................................................................................SR 211 Benedictine High School Cadets Football Team; congratulate ..............................SR 567 Berklee College; commend .....................................................................................SR 563 Bethesda Academy Day in Savannah, Georgia; recognize May 15, 2015..............SR 421 Bethesda Academy High School Basketball Team; congratulate...........................SR 523 Bethesda Academy; commend ................................................................................. SR 83 Big A Elementary School; recognize ..................................................................... SR 582 INDEX 4323 Big Shanty Intermediate School; commend............................................................SR 376 Bigham, Jasmine Brianna; commend..................................................................... SR 534 Bills, Judge Nancy N.; commend ............................................................................SR 357 Bird, Hillary Brooke; commend ..............................................................................SR 312 Board of Regents of the University System of Georgia; encouraged to create policies; award academic credit to students; prior to admission ................... SR 13 Bohannon, Hamilton Frederick; commend .............................................................SR 120 Bohannon, Hamilton Frederick; commend .............................................................SR 365 Bolton, Willie "W.C."; commend ............................................................................ SR 77 Booker, Sr., Mr. Calvin E.; commend.................................................................... SR 482 Borger, Jeremy; commend ......................................................................................SR 303 Boutwell, Marshall; commend ................................................................................SR 468 Bowers, Mahogany; commend................................................................................SR 546 Boykin, Pagianna; commend...................................................................................SR 232 Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Military Youth of the Year; recognize ...........................................................SR 185 Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Youth of the Year; recognize ........................................................................ SR 186 Brady, First Sergeant Robert Patrick; recognize .....................................................SR 502 Brantley, Jr., Booker Terry; honoring .................................................................... SR 131 Bridges, Maggie; recognize.....................................................................................SR 188 Broadband Information Services; encourage opposition to the regulation in innovative and expanding markets..................................................................... SR 389 Brock, Ms. Catherine; recognize .............................................................................SR 443 Brooks, Reverend Donald; commend .................................................................... SR 559 Brown-Kidd, Maggie Katie; honoring ................................................................... SR 281 Bruner, Ruth; commend ..........................................................................................SR 469 Bryant, Gerald Theodore; honoring ....................................................................... SR 623 Bulloch Academy Girls Basketball Team; recognize .............................................SR 484 Bullock, III, Dr. Charles S.; congratulate................................................................SR 511 Burch, Ashlyn D.; commend ...................................................................................SR 320 Burdell, George P.; commend .................................................................................SR 401 Burns, Hali Bohannon; commend ...........................................................................SR 328 Busbee, Cynthia "Cyndey" Costello; commend......................................................SR 397 Bush, Brittany; commend........................................................................................SR 308 Butler, Curtis and Marion; recognize ....................................................................... SR 50 Butler, Suzanne; commend......................................................................................SR 241 Byers, David; commend ..........................................................................................SR 391 Byous, Amber; commend........................................................................................SR 326 Camacho, Eleanore; commend................................................................................SR 204 Cambodian-American Heritage Day; recognize February 12, 2015.......................SR 179 Camp Dream Day; recognize February 25, 2015....................................................SR 461 Capers, Angela; commend ......................................................................................SR 200 4324 INDEX Capitol Arts Standards Commission; encouraged to authorize; placement of portrait of Mrs. Coretta Scott King .................................................................... SR 177 Caribbean American Legislative Day; recognize March 19, 2015 .........................SR 415 Carnesville Elementary School; commend .............................................................SR 583 Carrel, Wayne; James Saffell; congratulate ............................................................SR 526 Carroll, Ryan; recognize..........................................................................................SR 510 Carson, Lori; commend ...........................................................................................SR 228 Caterpillar, Athens; commend.................................................................................SR 145 Chaput, Nicklas A.; recognize.................................................................................SR 368 Charlton County High School Baseball Team; congratulate ................................. SR 275 Cheek, Philip N.; commend ....................................................................................SR 317 Cherokee County School District; commend..........................................................SR 374 Childhood Cancer Awareness Month; recognize September 2015.........................SR 492 Children's Day; recognize March 4, 2015 ...............................................................SR 338 Choo-Choo Bar-B-Que & Grill; recognize .............................................................SR 644 Chrzanowski, Debbie; commend ............................................................................. SR 70 Civil Air Patrol Day; recognize March 11, 2015 ....................................................SR 384 Clayton State University Day; recognize February 18, 2015................................. SR 174 Cline, Jr., Honorable Judge James L.; honoring ...................................................... SR 34 Clinical Research; encouraging the representation of diverse populations of different racial and ethnic backgrounds ..............................................................SR 590 Coastal Georgia Honor Flight; recognize................................................................SR 575 Coates, Nicholas Chase; commend ........................................................................ SR 533 Cobb County Department of Transportation; commend........................................ SR 622 Cobb County School District; commend................................................................ SR 373 Cobb, Coach Napoleon B.; recognize .................................................................... SR 473 Coburn, Charlene; commend...................................................................................SR 182 Coffee-Atkinson Forestry Unit; recognize ..............................................................SR 181 Cole, Jeannie; commend..........................................................................................SR 242 College Board of Advanced Placement U.S. History; demand revision.................. SR 80 College of Coastal Georgia Day; recognize March 3, 2015 .................................. SR 406 Colley, Jonathan; commend ....................................................................................SR 315 Collins, Brooks Few; celebrate the birth ................................................................ SR 632 Colquitt County Packers Football Team; commend ................................................ SR 58 Columbus State University and Columbus Day; recognize February 24, 2015 .........................................................................................................................SR 250 "Community Health Centers Day"; recognize February 24, 2015..........................SR 348 Congress; urged to enact the FairTax; express the State of Georgia's commitment to ratify the repeal of the Sixteenth Amendment ...............................SR 350 Conley, Kristin; commend ......................................................................................SR 535 Conroy, P.E., Mr. Kim; recognize............................................................................ SR 21 Consulate General of Canada in Atlanta; recognize ...............................................SR 419 Cook, Lieutenant John; recognize ...........................................................................SR 297 INDEX 4325 Cook, Zackary H.; commend ..................................................................................SR 319 Cooper, Cecille; commend ......................................................................................SR 233 Cordele-Crisp County Fish Fry; recognize .............................................................SR 140 Cornelia Elementary School; honoring .................................................................. SR 340 Costello, Gabrielle; commend .................................................................................SR 325 Council for Quality Growth Day; recognize March 11, 2015................................ SR 463 Cox, First Sergeant Lorenzo; commend................................................................. SR 353 Crain, Will; commend .............................................................................................SR 277 Crowell, Isaiah; commend.......................................................................................SR 402 Crystal Springs Smokehouse; recognize ................................................................ SR 642 Dalton State College Basketball Team; congratulate..............................................SR 613 Daniel, Mr. Thomas "Tom" E.; commend .............................................................SR 403 Daniels, Pastor Marion; recognize ..........................................................................SR 472 Davis, Anastasia; commend ....................................................................................SR 168 Davis, Ashley D.; commend....................................................................................SR 313 DeBussey, Felicity Belle; celebrate the birth ..........................................................SR 631 DECA program; commend......................................................................................SR 569 Dekle, Kelly R.; commend ......................................................................................SR 327 Delta Day; recognize February 9, 2015.................................................................. SR 156 Dobbins, Jennifer; commend...................................................................................SR 206 Domestic Minor Sex Trafficking Awareness Day; recognize February 12, 2015 .........................................................................................................................SR 176 Doss, Julie; commend..............................................................................................SR 448 Dr. M.H. Mason, Jr. Elementary School; commend ...............................................SR 372 Drinkard, Sr., John Peyson; commend ................................................................... SR 132 Durrence, Gary Chadwick; honoring ..................................................................... SR 141 Dystonia Awareness Month; recognize September ................................................SR 339 Echols County Drama Club; commend.................................................................. SR 112 Edwards, Amanda; commend..................................................................................SR 436 Effingham County Day; recognize January 26 ........................................................ SR 39 Ehlers-Danlos Syndrome Awareness Month; recognize May ................................SR 619 Elliott, Bill; commend .............................................................................................SR 269 Elliott, Chase; commend .........................................................................................SR 270 Ellis, Oliver; commend............................................................................................SR 240 Ellison, Pastor Eddie L.; recognize ........................................................................ SR 288 Emergency Management Association Day; recognize February 25, 2015 .............SR 262 Emergency Medical Services Day; recognize February 26, 2015 ..........................SR 333 Emerhor, Mr. Olorogun O'tega; recognize..............................................................SR 456 Emoefe, Immanuel; commend ................................................................................SR 455 Environmental Day; recognize April 2, 2015 .........................................................SR 547 Epting, Marie; commend .........................................................................................SR 221 Equine Youth Day; recognize February 3, 2015...................................................... SR 89 Essig, Alan; commend.............................................................................................SR 598 4326 INDEX Esther F. Garrison Wind Ensemble; commend .......................................................SR 199 Everritt, Polly Ann Propst; commend .................................................................... SR 237 Fallin, Amanda Leighann; commend ..................................................................... SR 530 Family and Consumer Sciences Day; recognize February 18, 2015 ......................SR 152 Fiese, Sophia Jolene; celebrate the birth ................................................................ SR 628 Firefighter Recognition Day; recognize February 3, 2015 ...................................... SR 66 Fleming, Hannah Mitchell; celebrate the birth........................................................SR 634 Foley, Cholana; commend.......................................................................................SR 214 Forsyth County Sheriff's Department; commend....................................................SR 265 Fort Valley State University Day; recognize February 11, 2015............................SR 191 Forte, Ronica; commend .........................................................................................SR 225 Foxworthy, Jeff; commend......................................................................................SR 518 Franklin County Middle School Technology Student Association; commend .................................................................................................................SR 424 Franks, Susan; commend.........................................................................................SR 246 Future Farmers of America Day; recognize February 24, 2015 .............................SR 136 Gaius-Obaseki, Osayame; commend ..................................................................... SR 310 Genocide Prevention and Awareness Month; recognize April 2015 ......................SR 108 Genocide Prevention and Awareness Month; recognize April 2015 ......................SR 361 George, Nadia Inez; commend ................................................................................SR 537 Georgia AIDS Coalition, Inc.; recognize ................................................................SR 585 Georgia Association of Family and Consumer Sciences; commend ......................SR 342 Georgia Bio Day; recognize January 28, 2015 ........................................................ SR 94 Georgia Bio; commend ...........................................................................................SR 104 Georgia Budget and Policy Institute, Inc.; recognize..............................................SR 478 Georgia Career and Technical Student Organizations Day; recognize February 17, 2015................................................................................................... SR 160 Georgia Chamber of Commerce; honoring .............................................................SR 509 Georgia College Day; recognize February 10, 2015................................................ SR 64 Georgia Dept. of Education Code; encourage revisions to allow computer programming courses to count toward graduation requirements ............................SR 393 Georgia Economic Developers Association; commend........................................... SR 57 Georgia Farm Bureau Federation Day; recognize February 19, 2015 ..................... SR 88 Georgia FFA Association; commend ......................................................................... SR 8 Georgia Food Bank Association Day; recognize March 26, 2015..........................SR 591 Georgia General Assembly; recognize the vital importance safe and efficient transportation plays in Georgia's economic/quality of life standards ..................................................................................................................SR 525 Georgia Green Industry Association; recognize .....................................................SR 190 Georgia Gwinnett College; commend.................................................................... SR 187 Georgia High School Fencing League; commend ..................................................SR 549 Georgia High School Fencing League; commend ..................................................SR 600 Georgia Inclusive Post-Secondary Education Consortium; commend ...................SR 276 INDEX 4327 Georgia Justice Project Day; recognize March 11, 2015 ....................................... SR 465 Georgia Law School Day; recognize March 24, 2015 ............................................SR 568 Georgia Lineman Appreciation Day; recognize April 18, 2015 .............................SR 501 Georgia Piedmont Technical College Day; recognize February 3, 2015................SR 124 Georgia PlanFirst Program; commend .................................................................... SR 93 Georgia Pre-K Week; recognize October 5-9, 2015 ...............................................SR 491 Georgia Southern University Day; recognize February 3, 2015.............................SR 118 Georgia State University Day; recognize February 4, 2015 .................................. SR 103 Georgia State University Men's Basketball Team; commend................................ SR 580 Georgia STEM Day; recognize May 8, 2015........................................................... SR 69 Georgia's 2015 Comcast Leaders and Achievers Scholars; commend ...................SR 620 Georgia's Restaurateurs of the Year; recognize and congratulate...........................SR 129 Germany, Jr., James Cecil; honoring ..................................................................... SR 153 Gilbert, Bishop William B.; honoring ...................................................................... SR 48 Gilbert, Staff Sergeant LaDell; commend...............................................................SR 192 Girl Scouts Day; recognize February 10 .................................................................. SR 19 Glass, Mildred Louis Foster; honoring................................................................... SR 134 Global Summit to End Sexual Violence in Conflict; reaffirming shared commitment of U.S. and United Kingdom to end sexual violence globally ..................................................................................................................... SR 16 Godfrey, Mr. Buck; recognize.................................................................................SR 474 Gordon, Mr. Walter; recognize ...............................................................................SR 260 Graham, Don; commend .......................................................................................... SR 72 Great Promise Partnership; commend...................................................................... SR 78 Greek Independence Day; recognize March 25, 2015 ............................................SR 414 Green, Ryann Austin; commend .............................................................................SR 285 Green, Sheryl; commend .........................................................................................SR 245 Green, Terence Avery; honoring.............................................................................SR 488 Green, William D. "Bill"; honoring ....................................................................... SR 603 Greenbrier High School Softball Team; congratulate.............................................SR 121 Greene, Herbert; commend ...................................................................................... SR 29 Gresham, Jada R.; commend ...................................................................................SR 166 Griffin, Jack; commend ...........................................................................................SR 552 Griffin, Victoria Vialva; commend ........................................................................ SR 234 Gwinnett County Chief of Police Charles M. Walters; recognize ........................... SR 18 H.V. Jenkins High School Basketball Team; congratulate .................................... SR 524 Habersham County Day; recognize February 18, 2015 ..........................................SR 151 Haithco, Sr., Reverend Jai S.; recognize ................................................................ SR 294 Hall, Deputy Sheriff Cynthia; commend.................................................................. SR 41 Hall, Russell; commend ..........................................................................................SR 586 Hamid, Shazad; commend.......................................................................................SR 641 Hamilton, Joseph Fitzgerald; recognize ................................................................... SR 35 Hamilton, Sr., Michael Joseph; commend .............................................................. SR 82 4328 INDEX Harbin, Jerry Lloyd and Earline Addis; recognize..................................................SR 596 Harper, Isiah; commend ..........................................................................................SR 220 Harris, Sr., Reverend James Calvin; recognize .......................................................SR 477 Haynes, Gaye; commend.........................................................................................SR 205 Health Information Technology Day; recognize February 24, 2015 ......................SR 284 Henderson, Don; commend .....................................................................................SR 110 Henry, Jr., F. Bryant; commend ..............................................................................SR 422 Henry, Ms. Jeannie M. "Sis"; recognize ................................................................ SR 587 Henry, Todd; commend...........................................................................................SR 428 High Meadows School; commend ..........................................................................SR 377 High Performance Healthy Schools Day; recognize February 5, 2015 ..................SR 105 Hill, Jr., Dr. William Harry; commend .................................................................. SR 621 Hines, Harrold; commend .......................................................................................SR 216 Hinton, Clint; commend ........................................................................................... SR 20 Hitchcox, Robert Olen; honoring ............................................................................SR 512 Hollifield, Sarah; commend ....................................................................................SR 307 Hollinshead, Zoe; commend....................................................................................SR 611 Holloway, Kylie; commend ....................................................................................SR 209 Hollowell, Dr. Louise Thornton; honoring .............................................................SR 650 Holman, Steve; commend ........................................................................................ SR 98 Holmes-Williams, Satchel T.; commend ................................................................SR 544 Home Plate Grill ; recognize ...................................................................................SR 647 Horner, Beth; commend ..........................................................................................SR 235 Huddle House; recognize ........................................................................................SR 645 Humphries, Cara; commend....................................................................................SR 226 Hunter, Mr. F. Floyd; recognize..............................................................................SR 618 Hunter, Ronald Jordan "R.J."; commend ................................................................SR 279 International Women's Think Tank; many women's groups and organizations in Georgia; commend........................................................................... SR 5 Iota Theta Chapter; Delta Tau Delta Fraternity; recognize.................................... SR 111 Irwin County Senior 4-H Poultry Judging Team; recognize.................................. SR 253 Irwin County Women's Tennis Team; recognize....................................................SR 252 Jackson, Bart W.; commend..................................................................................... SR 73 Jackson, Bishop Willie; recognize ..........................................................................SR 395 Jackson-Butts County Day; recognize February 11, 2015 ..................................... SR 107 Jester, Satchel B.; recognize..................................................................................... SR 37 Job Corps; congratulate ...........................................................................................SR 505 Johnson, Alice M.; honoring ...................................................................................SR 362 Johnson, Benjamin; commend ................................................................................. SR 81 Johnson, Glenn W.; commend ................................................................................SR 498 Johnson, Paul; Georgia Tech Football Head Coach; commend..............................SR 349 Johnson, Senator Leroy Reginald; recognize ..........................................................SR 369 Joint Police Body Camera Study Committee; create ..............................................SR 382 INDEX 4329 Jolliff, Judge Cliff; recognize ..................................................................................SR 128 Jones, Cassandra A.; recognize ...............................................................................SR 649 Jones, Emani Lynn; commend ................................................................................SR 565 Jones, Jeremy S.; commend ....................................................................................SR 298 Juniper and Tenth Street High Rise Residents Association Day; recognize February 28, 2015................................................................................................... SR 380 Kappa Alpha Psi Fratenity Day; recognize February 9, 2015................................ SR 161 Keep Georgia Beautiful Program; commend ..........................................................SR 399 Kelley, Kellie; commend.........................................................................................SR 223 Kelly, Caden; commend ..........................................................................................SR 578 Kelly, Natalie; commend.........................................................................................SR 247 Kennesaw State University Day; recognize March 25, 2015................................. SR 571 Kinard, Britnee; recognize ......................................................................................SR 475 Kindregan, Phillips "Pip" Elizabeth; celebrate the birth ........................................ SR 629 King, Jacqualyn Susanne; honoring ....................................................................... SR 572 King, Ms. Patricia S.; recognize..............................................................................SR 169 Korean American Day; recognize January 13.......................................................... SR 10 Kurdi, Zachariah Fouad; celebrate the birth............................................................SR 637 Lacy, Stacy; commend ............................................................................................SR 248 Lady Antebellum; commend ...................................................................................SR 513 Lamar Smith Signature Homes; commend .............................................................SR 625 Lambert High School Girls Swimming Team; congratulate.................................. SR 283 Landers, Andy; recognize........................................................................................SR 602 Lane, Evan Kenneth; commend ..............................................................................SR 532 Laney High School Girls Basketball Team; congratulate ...................................... SR 599 Lanoue, Philip D.; commend...................................................................................SR 500 Lao, Jessica and Alejandro Lim; congratulate ........................................................SR 581 Laufer, Brittney Melinda; commend ...................................................................... SR 304 Laughlin, Benita; commend ....................................................................................SR 217 Law Enforcement Agencies; encouraged to equip peace officers who conduct traffic stops; primary duties; body cameras...............................................SR 119 Law Enforcement Appreciation Day; recognize March 18, 2015 ..........................SR 454 Lawson, J. Carlton Jay; honoring ............................................................................SR 588 Lawson, Sr., Mr. Wilson C. "Peck"; commend.......................................................SR 486 LEAD Atlanta Day; recognize February 19, 2015..................................................SR 198 Leadership Cobb and Leadership Cobb Class of 2015; commend .........................SR 274 League of Women Voters of Georgia Day; recognize February 18, 2015 .............SR 139 Lee, Ms. Audrey; recognize ....................................................................................SR 496 Leitman, Susanna Ursula; celebrate the birth..........................................................SR 635 Lema, First Lady Mireille Goncalves; commend....................................................SR 404 Level Grove Elementary School; honoring.............................................................SR 341 Levett, Dr. M. Ann; commend ................................................................................. SR 61 Levett, Lucius "Bo"; commend ................................................................................ SR 60 4330 INDEX Liberty Technology; commend ...............................................................................SR 387 Lindborg, Jedidiah O.; commend ............................................................................SR 302 Links Day; recognize February 17, 2015 ................................................................. SR 79 Lockhart, Annie Belle Gray; commend ................................................................. SR 606 Loftin, Madison Hartsell; commend ...................................................................... SR 540 Long, Mary Nathaniel; commend ...........................................................................SR 280 Lowery, Evelyn Gibson; honoring ..........................................................................SR 446 Lumpkin County; Wine Tasting Room Capital of Georgia; recognize ..................SR 125 Lumpkin, Sr., Chief Joseph H."Jack"; recognize ....................................................SR 172 Lupus Awareness Day; recognize February 25, 2015.............................................SR 116 Lyons, Hunter; recognize ........................................................................................SR 345 Macon Day; recognize February 26, 2015 ..............................................................SR 367 Macon, Alfreda Stephens; congratulate ................................................................. SR 286 Maley, Amy; commend ...........................................................................................SR 396 Malnutrition Awareness Week; recognize September 28-October 2, 2015............SR 254 Manalo, Renee Julia; commend ..............................................................................SR 529 Mann, J. Dale; recognize .........................................................................................SR 440 Mannor, Rachel S.; commend .................................................................................SR 316 Martin Luther King, Jr., Outdoor Learning Center and Turn Around Columbus; commend...............................................................................................SR 476 Martin, Amanda; commend.....................................................................................SR 230 Mashburn, Ms. Jewell M.; recognize ..................................................................... SR 442 Math Day; Recognize February 24, 2015 ...............................................................SR 264 Mattos, Fernando; commend ...................................................................................SR 305 McDavid, Karen; commend ....................................................................................SR 257 McDonald, Lauren; commend.................................................................................SR 615 McDonald, Lisa; recognize .....................................................................................SR 405 McKinney, Casey; commend ..................................................................................SR 231 McMichael, Madison, Robinson, Elizabeth, Shin, Margaret and winners of David Shafer Essay Scholarship; commend .......................................................SR 601 McMillan, Olivia; commend .................................................................................... SR 71 McNair, April C.; commend....................................................................................SR 301 Medical College of Georgia Day; recognize February 17 ....................................... SR 15 Medicare; commend ................................................................................................SR 292 Mehta, Sanket; commend ........................................................................................SR 437 Mensah, Dr. Thomas; commend .............................................................................SR 483 Meredith, Patrick McLeod; honoring..................................................................... SR 504 Miliner, Amanda; commend....................................................................................SR 127 Millsaps, Sarah; recognize ......................................................................................SR 148 Minority Owned Plasma Centers; encouraging the development............................ SR 74 Miss Georgia Peach Scholarship Pageant and 2014 Georgia Peach Queens; commend .................................................................................................. SR 398 Modern Topics Study Club; recognize................................................................... SR 165 INDEX 4331 Moore, Major General Thomas R.; recognize.........................................................SR 400 Moore, Rev. Edward; commend............................................................................... SR 32 Morgan, David; commend.......................................................................................SR 425 Morgan, Edna Gertrude Quinby; honoring .............................................................SR 616 Morgan, James "Jimmy"; honoring.......................................................................... SR 54 Morris, Melanie Alyse; commend...........................................................................SR 314 Multi-Agency Alliance for Children Day; recognize January 20, 2015 .................. SR 53 Napier, Bill; commend ............................................................................................SR 612 National Black and Latino Council; commend .......................................................SR 555 National Council of Negro Women, Inc.; recognize...............................................SR 289 National Guard Day; recognize January 26 ............................................................. SR 42 National Older Americans Month; recognize .........................................................SR 639 National School Counseling Week; recognize February 2-6, 2015 ......................... SR 92 National Wear Red Day; recognize February 6, 2015 ............................................SR 115 Neal, Victoria; commend ........................................................................................SR 256 New South Construction Company, Inc.; commend...............................................SR 370 New Tradition Martial Arts School and Master Rickey Murray; commend .................................................................................................................. SR 36 Nguyen, Tuan Anh; commend ................................................................................SR 321 Norris, Deputy Michael Andrew; honoring ............................................................. SR 85 North Fulton County Day; March 10, 2015 ............................................................SR 458 Oates, Kayla V.; commend......................................................................................SR 542 Oglesby, Theodore N. "Ted"; commend ................................................................ SR 489 O'Hara, Kelley; commend .......................................................................................SR 293 One Billion Rising Revolution Day; recognize February 14, 2015 ........................SR 197 Orr Sr., Eston Wycliffe "Wyc"; honoring ...............................................................SR 106 Orr, Sr., Eston Wycliffe "Wyc"; honoring ..............................................................SR 378 PAGE and GAEL Day; recognize February 17, 2015 ............................................SR 195 Paletta, Mia; commend............................................................................................SR 536 Park Place Restaurant; recognize ............................................................................SR 646 Park, Kinam; commend ...........................................................................................SR 522 Parker, Forrest; commend .......................................................................................SR 202 Partnership Against Domestic Violence; commend................................................SR 577 Patterson, Michael; commend .................................................................................SR 300 Paul, Andy; recognize .............................................................................................. SR 67 Peanut Butter and Jelly Day; recognize March 3, 2015 ..........................................SR 137 Peanut Butter and Jelly Day; recognize March 3, 2015 ..........................................SR 423 Pearce, Jeffrey; commend .......................................................................................SR 229 Perrine, Tiffany; commend......................................................................................SR 218 Pesto III, Alfred Edward; commend....................................................................... SR 545 Peterson, Anna; honoring ........................................................................................SR 178 Pfeiffer, Matthew; commend...................................................................................SR 531 Philadelphia College of Osteopathic; congratulate Georgia campus ......................SR 648 4332 INDEX Phillips, Jennifer; commend ....................................................................................SR 434 Phillips, Sr., Charles E.; honoring ...........................................................................SR 371 Pippen, Dr. Freddie Marie Liggins; honoring .........................................................SR 272 Pittard, Sr., Rev. Gordon Paul; honoring ................................................................. SR 31 Police Body Camera Study Committee; create .......................................................SR 381 Pope High School Softball Team; recognize ........................................................... SR 95 Portis, Angeline Jennifer Louise Thornton; honoring.............................................SR 183 Prater, Mr. Dave; recognize ..................................................................................... SR 68 Pritchett, Clarence Landers "C.L."; commend ......................................................... SR 91 Prostate Cancer Awareness Day; February 4, 2015 ................................................SR 117 Puckett, Verdis C.; honoring ...................................................................................SR 470 Purple Star Veterans and Families; commend ........................................................SR 109 Purter, Linda; commend ..........................................................................................SR 244 Ragsdale, Rita Gail; honoring .................................................................................. SR 38 Raines, Sr., Pastor Curtis.........................................................................................SR 366 Rajchel, Miles; commend........................................................................................SR 431 Randolph Historical Society and the Historic Chattahoochee Commission; commend ...........................................................................................SR 193 Reed, Francine; commend .......................................................................................SR 517 Renew, Danielle Donaldson; commend ................................................................. SR 318 Richards, Crawford King; celebrate the birth .........................................................SR 636 Richardson, Atticus Allen "Rick"; honoring ...........................................................SR 638 Richey, Rashad; commend ......................................................................................SR 383 Richey, Rashad; commend ......................................................................................SR 610 Ridings, Sydney; honoring ......................................................................................SR 101 Ries, Carter; commend ............................................................................................SR 557 Roberts, Reverend Dr. Joseph L.; honoring ............................................................SR 379 Robertson, Lynn; commend ....................................................................................SR 258 Robinson, Ebony; commend ...................................................................................SR 215 Rock Springs Health Clinic in Milner, Georgia; commend ................................... SR 344 Roland, Ed; commend .............................................................................................SR 515 Rooks, Sarah Allison; commend .............................................................................SR 323 Royek, Amanda Grace; commend...........................................................................SR 541 Rozier, Jenna R.; commend.....................................................................................SR 309 Rucker, Brooke; commend....................................................................................... SR 99 Runion, Elrey "Bud" and June; condolences...........................................................HR 319 Rural Health Day; recognize March 11, 2015.........................................................SR 452 Russell, Ari; recognize ............................................................................................. SR 17 Russell, Sr., Herman Jerome "HJ"; honoring ........................................................... SR 76 Russell, Sr., Herman Jerome "HJ"; honoring ..........................................................SR 408 Ryan Cameron Foundation; commend................................................................... SR 506 Sample, Benton; commend......................................................................................SR 426 Sanders, Governor Carl; honoring...........................................................................SR 597 INDEX 4333 Sartain, Jr., Joe; honoring ........................................................................................SR 359 Savannah State University Women's Basketball Team; commend.........................SR 543 School Board Appreciation Week; recognize March 16-20, 2015 .........................SR 354 Schuster, Dr. Barbara L.; recognize ....................................................................... SR 450 Schuster, Marvin and Ruth; commend ..................................................................... SR 28 Scott, Lana; commend .............................................................................................SR 427 Scriven, Florrie B.; commend .................................................................................. SR 47 Seminole County Boys Basketball Team; congratulate ..........................................SR 617 Senate Alternatives to Transportation Funding Study Committee; create..............SR 451 Senate Higher Education Access and Success for Homeless and Foster Youth Study Committee; create ..............................................................................SR 467 Senate Study Committee on Employee Misclassification; create............................ SR 11 Service Providers Association for Developmental Disabilities; celebrate January 15................................................................................................................. SR 49 Shajan, Angelin Sara; commend .............................................................................SR 322 Sharp, Joseph; commend .........................................................................................SR 295 Shavers, Rosalyn; commend ...................................................................................SR 224 Shaw, Julius Clarence; honoring .............................................................................SR 100 Shelton, Anthony; commend ...................................................................................SR 238 Shively, Stan; commend..........................................................................................SR 208 Shorter-Crawford, Kristi; commend....................................................................... SR 243 Sims, Jr., Reverend James H.; recognize ................................................................SR 485 Sitton, Claude; honoring..........................................................................................SR 589 Skin Cancer Awareness Day; recognize March 2, 2015 ........................................ SR 346 Slosheye Trail Big Pig Jig; recognize .................................................................... SR 394 Smith, Mr. Kenneth R.; recognize...........................................................................SR 457 Smith, Sasha; commend ..........................................................................................SR 255 Smith, Wesley; honoring .........................................................................................SR 503 Smoltz, John Andrew; commend ............................................................................SR 154 SoopaFitt Family Field Day; recognize August 1, 2015 ........................................ SR 490 Sorrells, Doug; recognize ........................................................................................SR 196 Southwest Campus of the Medical College of Georgia; recognize ........................SR 519 Spelman College Day; recognize March 20, 2015..................................................SR 493 Sportsmen's and Coastal Day; recognize January 15 ................................................. SR 9 Spout Springs School of Enrichment; commend ....................................................SR 466 Spraker, Piper; commend ........................................................................................SR 158 St. Patrick's Day Parade Committee; recognize ......................................................SR 390 Stamps, Elizabeth Reid; commend..........................................................................SR 554 Stanley, Hilary N.; commend ..................................................................................SR 324 Starks, Dr. Quesha; commend .................................................................................SR 170 State of Georgia; urged to allow use of their existing rights of way for pipeline expansion .................................................................................................. SR 607 State YMCA of Georgia; recognize ....................................................................... SR 171 4334 INDEX Stelling, Kessel; commend ....................................................................................... SR 30 Stephens, Scott; commend ......................................................................................SR 438 Still Waters Youth Sinfo-Nia Orchestra Day; recognize June 25, 2015.................SR 351 Stone, Judge Patricia Parker; commend ................................................................... SR 59 Street, Katherine Grace; commend ....................................................................... SR 306 Strickland, Cadet Jonathan Chase; commend .........................................................SR 130 Strickland, Dr. James "Jim" Ernest; honoring ........................................................ SR 52 Strickland, Jonathan Chase; commend................................................................... SR 311 Stringham, Pastor Glenn; recognize ......................................................................... SR 51 Sutherland, Carter; commend..................................................................................SR 433 Taiwan; commend .................................................................................................. SR 329 Tanksley, Mrs. Karen; recognize ............................................................................SR 444 Tate, Mrs. Virginia C. Barnett; recognize ...............................................................SR 626 Tatum, Dr. Beverly Daniel; recognize ................................................................... SR 480 Taylor Road Middle School; commend ................................................................. SR 574 Taylor, Cree; recognize ...........................................................................................SR 157 Taylor, Elder James E.; commend...........................................................................SR 413 Teague, Lucas; commend........................................................................................SR 392 TeleHealth Day; recognize February 24, 2015 .......................................................SR 334 Teneilabe, Ambassador Geoffrey; commend..........................................................SR 553 Thomas, Dr. Shawn B.; commend ..........................................................................SR 343 Thomas, Gandy; commend......................................................................................SR 548 Thompson, Katherine Keith and Emmeline Clare; celebrate the birth ...................SR 640 Thompson, Mary; commend ...................................................................................SR 203 Thompson, Senator Steve; recognize ..................................................................... SR 147 Thompson, Sr., Dr. Edwin A. .................................................................................SR 122 Thorne, Jason; commend.........................................................................................SR 219 Thorne, Jessica; commend ......................................................................................SR 249 Threatt, Dr. Robert; honoring..................................................................................SR 150 Thrush, Aleatha; commend .....................................................................................SR 227 Tippins Bank; commend .......................................................................................... SR 55 Together Georgia Day; recognize March 10, 2015.................................................SR 464 Tomlinson, James Dariel; commend ...................................................................... SR 584 Toney, Andrew; commend ......................................................................................SR 364 Torbush, Dr. Douglas B.; congratulate................................................................... SR 614 Towns County Mountain Movers and Shakers; commend .................................... SR 142 Towns, Mr. Robert Forest "Bobby"; honoring........................................................SR 358 Towns, Mr. Robert Forrest "Bobby"; honoring ......................................................SR 579 Tran, Hang; commend .............................................................................................SR 175 Travis, Reverend Harris; recognize........................................................................ SR 471 Tschudi-Rose, Phyllis; commend............................................................................SR 432 Tucker High School; congratulate...........................................................................SR 520 Tucker Middle School; commend ...........................................................................SR 133 INDEX 4335 Turner Chapel African Methodist Episcopal Church; recognize ............................SR 420 Turner, Coach Gerald; congratulate ......................................................................... SR 33 U.S. Air Force Academy Georgia Parents Club; commend................................... SR 409 U.S. Congress; encouraged to adopt and to submit to the states a balanced budget amendment to the U.S. Constitution and balance our current budget..........................................................................................................SR 155 U.S. Congress; encouraged to support equity and sales tax fairness ......................SR 278 U.S. Congress; support efforts of U.S. Congress to return healthcare decision-making power back to the State of Georgia .............................................SR 595 U.S. Congress; urged to amend the Controlled Substances Act of 1970; authorize the study of medical marijuana................................................................SR 462 U.S. Congress; urged to enact significant reforms to the nation's federally financed graduate medical education programs ....................................................... SR 84 U.S. Congress; urged to rename the Edmund Pettus Bridge and Edmund Pettus-John Lewis Bridge........................................................................................SR 453 U.S. Constitution; request U.S. Congress and U.S. President; prohibit corporations; unlimited independent expenditures; supporting/opposing candidates for public office ...................................................................................... SR 44 U.S. Environmental Protection Agency (EPA); encouraged to withdraw the proposed Clean Power Plan...............................................................................SR 449 U.S. Youth Fly Fishing Team; honoring ................................................................ SR 162 Ulbricht, Tom; commend ........................................................................................SR 263 Unity With Pam Tutorial Broadcast Program; commend ...................................... SR 497 University of Georgia Day; recognize February 19, 2015 ..................................... SR 184 University of West Georgia Day; recognize February 2, 2015................................ SR 86 University of West Georgia Football Team; commend ..........................................SR 273 Urness, Tracie; commend........................................................................................SR 213 Usher's New Look; commend .................................................................................SR 481 Vaughn, Victoria Ridley; celebrate the birth...........................................................SR 630 Veterinary Medicine Day; recognize February 4, 2015 ........................................... SR 90 Wadsworth Magnet School for High Achievers; commend .................................. SR 416 Walker, Esq., Teri Brown; commend..................................................................... SR 627 Wallace, Darryl Deon; honoring .............................................................................SR 562 Ware, Mr. Charles "Chuck"; commend.................................................................... SR 87 Weaver, Blair; commend.........................................................................................SR 299 Weldon, Fredrick; commend ...................................................................................SR 239 Werner, Courtney; commend ..................................................................................SR 429 Wet Willie; commend .............................................................................................SR 514 White County Color and Honor Guard; commend .................................................SR 149 White, Jeremy; commend........................................................................................SR 207 Whittemoore, Charles Lynn; recognize.................................................................. SR 332 Widness, Brendan; commend..................................................................................SR 430 Wilkerson, Captain William C.; commend .............................................................SR 352 4336 INDEX Williams, Bluford Reed; commend........................................................................ SR 608 Williams, Dr. Jamye Coleman; commend...............................................................SR 417 Williams, Kayla Michelle; commend..................................................................... SR 538 Williams, Kelly; commend......................................................................................SR 236 Williamson, Lynda Anne Brannen; honoring .........................................................SR 445 Williamson, Shannon; commend ............................................................................SR 222 Willis-Powell, Rebecca; commend ........................................................................ SR 201 Wilson, Officer John K.; recognize........................................................................ SR 439 Wixon, Sr., Camille Alexandra; commend .............................................................SR 528 Womack, Linda; honoring.......................................................................................SR 418 Women's History Month; recognize March 2015 ...................................................SR 291 Wood, Julie; commend............................................................................................SR 251 Wooldridge, Shannon; commend ............................................................................SR 210 World Plumbing Day; recognize March 11, 2015 ..................................................SR 363 Young Farmers Day; recognize February 25, 2015 ................................................SR 164 Young, Macie Leigh; commend ..............................................................................SR 539 Youth Villages Georgia Day; recognize February 9, 2015 .................................... SR 102 Dalton State College Basketball Team; winner 2015 NAIA national championship game; congratulate ...........................................................................HR 857 Georgia's Day of Coding; December 10; recognize................................................HR 103 Latino Media Day at the capitol; March 24, 2015; commend ................................HR 730 Malnutrition Awareness Week in the State of Georgia; September 28 October 2, 2015; recognize .....................................................................................HR 480 Runion, Elrey "Bud" and June; condolences...........................................................HR 319 RETIREMENT AND PENSIONS Georgia Firefighters' Pension Fund; provide new definitions; provisions ..............HB 256 Georgia Judicial Retirement System; preservation of rights by certain persons; change certain provisions ..........................................................................SB 243 Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize .............................................................................................HB 217 Retirement and Pensions; Code Revision Commission; revise title ........................HB 87 Retirement and Pensions; investment authority of local retirement systems; correct certain provisions..........................................................................HB 266 Retirement; provide for creditable service for certain military service...................SB 149 Retirement; provide for creditable service for certain military service; provide for application and payment ...................................................................... SB 150 Retirement; provide for the creation of a Scrutinized Company List .....................SB 246 Retirement; provide for the transfer of membership between the Employees' Retirement and the Teachers Retirement System of Georgia ..............SB 152 INDEX 4337 REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Revenue and Taxation; clarify penalty for failure to file return or pay revenue held in trust for the state; provisions..........................................................HB 396 Revenue and Taxation; modify certain provisions relating to tax executions; change provisions .................................................................................. SB 97 Tax Collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include ...........................................HB 234 Taxation; confidential taxpayer information; allow the state revenue commissioner to provide members of the legislative study committee with such information; authorize .............................................................................. SB 54 RICHMOND COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 ROCKDALE COUNTY Rockdale County; Redevelopment Powers Law; provide a referendum.................HB 577 RUTLEDGE, CITY OF Rutledge, City of; residents 65 years of age or older; provide homestead exemption ................................................................................................................HB 125 S SALES AND USE TAX Homestead Option Sales Tax Act; enact................................................................HB 215 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions.....................................................HB 213 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 Revenue and Taxation; special purpose local option sales tax; provide for additional purpose for the use of the proceeds of tax..............................................SB 122 Sales and Use Tax; distribution for educational purposes; change certain provisions ................................................................................................................HB 369 Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 4338 INDEX Sales and Use Tax; programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; remove .....................................................................................................................HB 227 Sales and Use Tax; tangible personal property used for or in renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of Internal Revenue Code; provide exemption ........................................................................................HB 238 Sales and Use Tax; tangible personal property used for or in the renovation or expansion of an aquarium; provide state and local sales tax exemption ................................................................................................................HB 428 Sales and Use Tax; value all flooring samples at the same rate for purposes of fair market value ..................................................................................HB 277 Taxes; provide for legislative findings relating to gasoline and aviation fuel; provisions .......................................................................................................HB 319 SANDERSVILLE, CITY OF Sandersville School Building Authority Act; enact ................................................HB 305 Sandersville, City of; election of members of City Council; change provisions ................................................................................................................HB 307 SANDY SPRINGS, CITY OF Sandy Springs, City of; levy an excise tax..............................................................HB 571 SCHLEY COUNTY Schley County Probate Court; judge shall also serve as Judge of Magistrate Court on and after January 1, 2017 .......................................................HB 102 Schley County Utilities Authority Act; create ........................................................SB 215 Schley County Utilities Authority Act; create ........................................................SB 220 Schley County; Board of Education; change description of districts .....................HB 101 SCHOOL READINESS, OFFICE OF Early Care and Learning; provide criminal background checks of potential employees of child care learning centers and family child care learning homes; provisions......................................................................................HB 401 Education; provide that certain nursery schools, playschools, kindergarten programs are exempt from licensure..................................................SB 181 SCHOOLS Charter Schools; enrollment priorities for educationally disadvantaged students and military students; provide ..................................................................HB 474 Education; local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; require.......................................................................................................................HB 65 INDEX 4339 SEARCHES AND SEIZURES Bou Bou's Law; the use of no-knock search warrants; provide ............................... SB 45 Criminal Procedure; procedure for enhancing witness identification accuracy; require ...................................................................................................... SB 94 Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant .............SB 154 Searches with Warrants; provide for the use of no-knock search warrants ............SB 159 SEAT BELTS Safety Belts; definition of term passenger vehicle; modify ...................................HB 325 SECRETARY OF STATE 2015 2016 Senators, Election Certification...........................................................Page 1 Georgia World War I Centennial Commission; create; membership, powers, and duties .................................................................................................. SB 203 Professional Corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide .....................................................................................................................HB 316 SECRETARY OF THE SENATE Communication to Governor; Confirmation of Appointees ..............................P..age 4167 Election; David A. Cook .........................................................................................Page 17 SECURITIES Code Revision Commission; revise, modernize, and correct errors of said Code..........................................................................................................................HB 90 Newton County Community Improvement Districts Act; enact.............................SB 182 SELLING AND OTHER TRADE PRACTICES Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions......................................................................HB 328 Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office ...................................... SB 148 Motor Vehicles Fair Practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception..................................................................................................................HB 393 Secondary Metals Recyclers; buying and selling of regulated metal property; change certain provisions .......................................................................HB 461 Selling and Other Trade Practices; provide regulation; auxiliary containers shall be done by general law................................................................. SB 139 Trade Names; require registration with clerk of superior court; provisions ...........HB 524 4340 INDEX SEMINOLE COUNTY Seminole County; Board of Education; provide compensation of Chairperson and members .......................................................................................HB 618 Seminole County; office of probate judge; nonpartisan elections ........................... SB 93 SENATE Consumer and Provider Protection Act (SB 158); Senate Study Committee ...............................................................................................................SR 561 Effect on Georgia of Normalization of Relations with Cuba; Senate Study Committee .................................................................................................... SR 494 House Convened; notify Senate .................................................................................HR 6 Interstate Cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members ............HB 540 Joint Georgia-Alabama Study Committee; create...................................................HR 395 Joint Session; inauguration of Governor, Lieutenant Governor, and other executive Constitutional Officers...............................................................................HR 9 Joint Session; message from Chief Justice of the Supreme Court ...........................HR 11 Joint Session; message from Governor ....................................................................HR 10 School Construction; create Senate Study Committee............................................SR 564 Senate Abusive Billing Practices Study Committee; create................................... SR 566 Senate Annexation, Deannexation, and Incorporation Study Committee; create........................................................................................................................SR 609 Senate Convened; notify House ................................................................................. SR 2 Senate Court of Appeals Workload Study Committee; create ................................SR 573 Senate Cyber Challenge Study Committee; create .................................................SR 412 Senate Data Security and Privacy Study Committee; create.................................. SR 360 Senate Ending Campus Sexual Assaults Study Committee; create ........................SR 479 Senate Entrepreneur in Residence Study Committee; create ................................. SR 113 Senate Health Care Organization Tax Credit Study Committee; create .................SR 259 Senate Minor Traffic Offense Study Committee; create........................................ SR 460 Senate Officials, Employees, and Committees; relative to ........................................ SR 4 Senate Pool Industry Standards and Licensing Study Committee; create ..............SR 570 Senate Power Grid Protection Study Committee; create ....................................... SR 593 Senate Preservation of the HOPE Scholarship Program Study Committee; create................................................................................................... SR 605 Senate Preventing Youth Substance Use Disorders Study Committee; create........................................................................................................................SR 487 Senate Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders Study Committee; create ..............SR 594 Senate Rules Committee; authorize to place witnesses under oath or affirmations; testifying; eligible for placement on the rules calendar.....................SR 163 Senate Rules; adopt .................................................................................................... SR 1 Senate Special Tax Exemption Study Committee; create ........................................ SR 65 INDEX 4341 Senate Study Committee on Blind or Visually Impaired Persons; create...............SR 459 Senate Welfare Fraud Study Committee; create .....................................................SR 592 Senate Women's Adequate Healthcare Study Committee; create...........................SR 560 SENATE Morning Roll Calls: Pages 4, 33, 47, 61, 74, 80, 87, 94, 109, 117, 129, 143, 154, 178, 515, 552, 570, 584, 611, 645, 666, 684, 701, 724, 753, 799, 838, 893, 936, 1210, 1363, 1392, 1413, 1951, 1978, 2016, 2164, 2243, 2451, 3354 SENATORS 2015 2016 Senators, Certification of Election ..................................................... Page 1 2015 2016 Senators, Oath of Office..................................................................... Page 3 2015 2016 Senators, Standing Committee Assignments ................................... Page 35 ALBERS; communication; explanation of vote on HB 310 ..............................P..age 2312 ALBERS; communication; removing name from SB 37.................................... Page 687 BEACH; appointed ex-officio to Veterans, Military and Homeland Security; March 9 ................................................................................................ Page 923 BEACH; communication; explanation of vote on HB 245................................Page 3417 BETHEL; communication; explanation of vote on HB 76 ................................Page 1896 BETHEL; Committee on Insurance and Labor; corrected report on SB 111 ........................................................................................................................P...age 716 BLACK; appointed ex-officio to Higher Education; March 19.........................P...a.g. e 1401 BURKE; appointed ex-officio to Public Safety; March 25................................Page 2151 BUTLER; communication; explanation of vote on HB 17................................Page 3263 BUTLER; communication; explanation of vote on HB 217..............................P..age 3440 BUTLER; elected Democratic Caucus Vice Chair for Campaigns and Fundraising .............................................................................................................P. age 14 COWSERT; communication; explanation of vote on HB 202 ..........................P...a.g. e 2361 COWSERT; communication; explanation of vote on SB 195 ...........................P...a.g. e 1156 COWSERT; communication; resigned as Higher Education Chairman................P. age 12 COWSERT; elected Majority Leader ................................................................... Page 15 CRANE; communication; explanation of vote on HB 110................................Page 3279 CRANE; communication; explanation of vote on SB 116 ................................Page 1147 CRANE; communication; explanation of vote on SB 183 ................................Page 1153 DUGAN; appointed Administration Floor Leader.................................................P. age 16 DUGAN; appointed ex-officio to Education and Youth; March 25 ..................P...a.g. e 2152 DUGAN; excused pursuant to Rule 5-1.8(d) on SB 59 .....................................P...a.g. e 1171 FORT; communication; explanation of vote on Local Consent Calendar .........P...a.g. e 1217 FORT; communication; Notice of Minority Report on SB 129...........................P...age 752 FORT; communication; Notice of Minority Report on SB 133, SR 287.............P...age 751 FORT; elected Democratic Caucus Whip ..............................................................P. age 14 GINN; communication; explanation of vote on HB 160, HB 199, HB 215 ......P...a.g. e 2048 GOOCH; appointed ex-officio to Committee on Assignments .............................P. age 21 4342 INDEX GOOCH; communication; explanation of vote on HB 237 ...............................P. age 2322 GOOCH; communication; explanation of vote on HB 510 ...............................P. age 2736 GOOCH; elected Majority Whip ...........................................................................P. age 15 HARBIN; communication; explanation of vote on HB 310 ..............................P..age 2312 HARBIN; communication; explanation of vote on HB 492 ..............................P..age 2416 HARBIN; communication; explanation of vote on HB 504 ..............................P..age 2397 HARPER; appointed ex-officio to Veterans, Military and Homeland Security; March 9 ................................................................................................ Page 923 HARPER; communication; explanation of vote on HB 147..............................P..age 2516 HARPER; communication; explanation of vote on HB 436..............................P..age 3399 HARPER; communication; explanation of vote on SB 101 ................................Page 733 HEATH; excused pursuant to Rule 5-1.8(d) on SB 91 ......................................P...a.g. e 1316 HENSON; elected Democratic Caucus Leader......................................................P. age 14 HILL, H.; communication; explanation of vote on HB 17 ................................Page 3263 HILL, H.; communication; explanation of vote on HB 57 ................................Page 2265 HILL, H.; communication; explanation of vote on HB 259 ..............................P..age 2277 HILL, H.; communication; explanation of vote on HB 310 ..............................P..age 2312 HILL, H.; communication; explanation of vote on SB 36 ................................ Page 1299 HILL, H.; elected Majority Caucus Vice-Chair .....................................................P. age 15 HILL, JACK; communication; explanation of vote on HB 310 ........................P...a.g. e 2312 HILL, JUDSON; communication; explanation of vote on HB 292.....................P...age 813 HILL, JUDSON; communication; explanation of vote on HB 439 ...................P...a.g. e 2375 HILL, JUDSON; communication; explanation of vote on Amendment #7 as amended on SB 133 .........................................................................................P...age 872 HUFSTETLER; communication; explanation of vote on SB 168.......................P...age 917 JACKSON, B.; appointed Administration Floor Leader ...................................... Page 16 JACKSON, B.; communication; removing name from SB 36 ............................P...age 104 JACKSON, B.; excused pursuant to Rule 5-1.8(d) on HB 277 .........................P...a.g. e 2320 JAMES; communication; explanation of vote on HB 502................................ Page 2662 JAMES; communication; explanation of vote on Local Consent Calendar .........P..age159 JAMES; communication; explanation of vote on SR 1 .........................................P. age 19 JAMES; communication; removing name from SB 24 .......................................P...age 102 JONES, B.; communication; explanation of vote on SB 36 ..............................P..age 1299 JONES, B.; communication; explanation of vote on SB 51 ................................Page 593 JONES, B.; communication; explanation of vote on SB 82 ..............................P..age 2422 JONES, B.; communication; explanation of vote on SB 88 ................................Page 709 JONES, B.; communication; explanation of vote on SR 441 ............................P...a.ge 1241 JONES, B.; excused pursuant to Rule 5-1.8(d) on SB 91 ................................. Page 1316 JONES, E.; excused pursuant to Rule 5-1.8(d) on HB 393 ...............................P. age 2025 JONES, H.; communication; explanation of vote on Consent Calendar ...........P...a.g. e 2459 KENNEDY; appointed Administration Floor Leader............................................P. age 16 KIRK; communication; explanation of vote on HB 275................................... Page 3603 KIRK; communication; explanation of vote on Local Consent Calendar .........P...a.g. e 1377 INDEX 4343 KIRK; communication; explanation of vote on SB 135 ................................... Page 3734 LIGON; appointed ex-officio to Committee on Assignments ...............................P. age 21 LIGON; communication; explanation of vote on HB 152 ................................ Page 3438 LIGON; communication; explanation of vote on Amendment #1 to HB 566 ......................................................................................................................P...a.g. e 2568 LIGON; communication; explanation of vote on Motion to Table HB 566......P...a.g. e 2569 LIGON; elected Majority Caucus Chair ................................................................Page 15 LUCAS; communication; explanation of vote on HB 153 ................................Page 2268 LUCAS; communication; explanation of vote on HB 197 ................................Page 2768 LUCAS; communication; explanation of vote on HB 232 ................................Page 3385 LUCAS; communication; explanation of vote on HB 299 ................................Page 2227 LUCAS; communication; explanation of vote on HB 429 ................................Page 2492 LUCAS; communication; explanation of vote on 8 House Bills .......................P...a.g. e 2614 LUCAS; communication; explanation of vote on SB 51 .................................... Page 593 LUCAS; communication; explanation of vote on SB 132 ................................ Page 3909 LUCAS; communication; explanation of vote on SB 141 ................................ Page 1331 MARTIN; communication; explanation of vote on HB 275..............................P..age 3604 MARTIN; communication; explanation of vote on HB 316..............................P..age 3421 MARTIN; communication; explanation of vote on SB 138, SB 194 ................P...a.g. e 1275 MCKOON; communication; removing name from SB 185 ..............................P..age 1177 MILLAR; communication; explanation of vote on HB 192 ..............................P..age 2494 MILLAR; communication; explanation of vote on SB 69.................................. Page 914 MILLAR; excused pursuant to Rule 5-1.8(d) on HB 551................................. Page 2383 MILLER; appointed Administration Floor Leader ................................................P. age 16 MILLER; communication; explanation of vote on HB 313 ..............................P..age 2316 MILLER; communication; explanation of vote on HB 432 ..............................P..age 2388 MILLER; communication; explanation of vote on Motion to Table HB 514 ......................................................................................................................P...a.g. e 2477 MILLER; communication; explanation of vote on Local Consent Calendar................................................................................................................P...age 910 MILLER; communication; explanation of vote on Local Consent Calendar and SB 34 ..............................................................................................P..age 675 MILLER; communication; explanation of vote on SB 95 .................................. Page 657 MILLER; communication; explanation of vote on SB 122 ...............................P. age 1233 MILLER; communication; explanation of vote on Amendment #7 as amended to SB 133...............................................................................................P. age 872 MILLER; communication; explanation of vote on SB 203 ...............................P. age 3912 MILLER; excused pursuant to Rule 5-1.8(d) on HB 393 ................................. Page 2025 MULLIS; appointed ex-officio to Public Safety; March 25 ..............................P..age 2152 MULLIS; communication; explanation of vote on HB 70 ................................Page 2518 ORROCK; communication; explanation of vote on HB 75................................ Page 509 ORROCK; elected Democratic Caucus Secretary .................................................P. age 14 PARENT; communication; explanation of vote on HB 299..............................P..age 2227 4344 INDEX PARENT; communication; explanation of vote on HB 347..............................P..age 2228 PARENT; communication; explanation of vote on HB 353..............................P..age 2230 RAMSEY; communication; explanation of vote on HB 106.............................P...age 2193 RAMSEY; communication; explanation of vote on HB 147.............................P...age 2516 RAMSEY; communication; explanation of vote on Consent Calendar.............P...a.g. e 2460 RHETT; communication; explanation of vote on SB 65 .................................... Page 594 SEAY; communication; explanation of vote on HB 192 .................................. Page 2494 SEAY; communication; explanation of vote on HB 310 .................................. Page 2312 SEAY; elected Democratic Caucus Vice-Chair .....................................................P. age 14 SHAFER; communication; explanation of vote on Motion to Table HB 566 ......................................................................................................................P...a.g. e 2569 SHAFER; re-elected President Pro Tempore .........................................................P. age 17 SIMS; communication; explanation of vote on HB 502 ................................... Page 2662 SIMS; communication, removing name from SB 124 .........................................P...age 561 STATON; communication; resignation ................................................................ Page 14 STONE; communication; explanation of vote on SR 1 .........................................P. age 19 TATE; communication; explanation of vote on HB 1 .......................................P...a.g. e 1998 TATE; communication; explanation of vote on HB 185 .................................. Page 2567 TATE; communication; explanation of vote on HB 190 .................................. Page 2621 TATE; communication; explanation of vote on HB 339 .................................. Page 2710 TATE; communication; explanation of vote on HB 428 .................................. Page 2532 TATE; communication; explanation of vote on HB 475 .................................. Page 2680 TATE; communication; explanation of vote on Local Consent Calendar .........P...a.g. e 2475 TATE; elected Democratic Caucus Chair ..............................................................P. age 14 THOMPSON, B.; communication; explanation of vote on HB 1......................P...a.g. e 1998 THOMPSON, B.; communication; explanation of vote on HB 72....................P...a.g. e 2602 THOMPSON, B.; communication; explanation of vote on HB 308..................P...a.g. e 2609 THOMPSON, B.; communication; explanation of vote on HB 310..................P...a.g. e 2312 THOMPSON, B.; communication; explanation of vote on HB 312..................P...a.g. e 2758 THOMPSON, C.; communication; explanation of vote on HB 237..................P...a.g. e 2321 THOMPSON, C.; communication; explanation of vote on HB 263..................P...a.g. e 2226 THOMPSON, C.; communication; explanation of vote on SB 94 ......................P...age 712 THOMPSON, C.; communication; explanation of vote on SB 95 ......................P...age 657 TIPPINS; communication; explanation of vote on SB 132 ................................ Page 913 UNTERMAN; appointed to Committee on Assignments..................................... Page 21 UNTERMAN; communication; explanation of vote on SB 168 .........................P...age 917 UNTERMAN; excused pursuant to Rule 5-1.8(d) on SB 143 ...........................P...a.g. e 1322 WATSON; communication; explanation of vote on HB 18 ..............................P..age 2001 WATSON; communication; explanation of vote on HB 131, HB 515..............P...a.g. e 3866 WATSON; communication; explanation of vote on HB 310 ............................P...a.ge 2312 WATSON; communication; explanation of vote on Local Consent Calendar..............................................................................................................P...a.g. e 1417 WILKINSON; appointed to Committee on Assignments..................................... Page 21 INDEX 4345 WILKINSON; communication; explanation of vote on SB 175 .........................P...age 919 WILKINSON; Committee on Agriculture and Consumer Affairs; corrected report on SB 173...................................................................................P...age 786 WILKINSON; elected Majority Caucus Secretary ................................................P. age 15 WILLIAMS, M.; communication; explanation of vote on SB 91 .....................P...a.g. e 1313 WILLIAMS, T.; appointed ex-officio to Education and Youth; March 25 .......P...a.g. e 2153 WILLIAMS, T.; communication; explanation of vote on HB 310 ....................P...a.g. e 2312 SENTENCE AND PUNISHMENT Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions......................................................................HB 328 Crimes and Offenses; sentencing of defendants guilty of crimes involving bias or prejudice, notices of enhanced sentencing; repeal certain provisions ................................................................................................................. SB 47 Criminal Procedure; fixing of sentence; clarify service of consecutive sentences..................................................................................................................HB 304 Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions......................................................................HB 361 SEXUAL OFFENSES Hidden Predator Act; enact ......................................................................................HB 17 Kelsey's Law; enact ................................................................................................HB 103 Law Enforcement Officers; require certain persons with arrest powers at university or college campuses; report allegations of rape to local law enforcement .............................................................................................................. SB 37 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 SNELLVILLE, CITY OF Snellville, City of; make numerous administrative and clerical changes ...............SB 228 SOCIAL SERVICES Adult Offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform; provisions......................................................................HB 328 Criminal Justice Coordinating Council; allow Council to receive and distribute federal Department of Justice grants; provide Advisory Board to Council for juvenile justice issues; provisions....................................................HB 263 Hidden Predator Act; enact ......................................................................................HB 17 Medicaid; authorization of appropriations; medical assistance payments to providers of Medicaid expansion ......................................................................... SB 38 Medical Assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions....................HB 537 New Americans Program Act; create New Americans program ............................. SB 61 4346 INDEX Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Safe Harbor and Rachel's Law Act; increase protection and resources for children who have been sexually exploited; enact ..................................................... SB 8 Social Services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions ....................................HB 86 Social Services; provide for various reforms regarding the state's child welfare system ........................................................................................................ SB 138 Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 Higher Education Access and Success for Homeless and Foster Youth Act; enact.................................................................................................................SB 178 SOIL AND WATER CONSERVATION State Soil and Water Conservation Commission; revise provisions .......................HB 397 SOIL EROSION AND SEDIMENTATION Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities are prohibited ............SB 101 State Soil and Water Conservation Commission; revise provisions .......................HB 397 SOLAR ENERGY Ad Valorem Tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide ............................................................................................HB 496 Solar Power Free-Market Financing Act of 2015; enact..........................................HB 57 SOUTH FULTON, CITY OF South Fulton, City of; Fulton County; incorporate .................................................HB 514 SPALDING COUNTY Spalding County; levy an excise tax ......................................................................HB 641 SPORTS Education; programs; person solicit transaction with student-athlete; prohibit .......................................................................................................................HB 3 Georgia Sports Commission Fund; create; provisions ............................................HB 510 STALKING Protective Order Registry Act; enact......................................................................HB 452 INDEX 4347 STAPLETON, CITY OF Stapleton, City of; change terms of office of Mayor and Councilmembers ............HB 88 STATE AUDITOR Communication; report on funding fiscal retirement bills .....................................Page 10 STATE DEBT, INVESTMENT, AND DEPOSITORIES State Depository Board; delete references to building and loan associations; revise provisions ................................................................................SB 104 STATE EMPLOYEES Community Health, Board of; reopen the 2014 open enrollment; major medical facility declared out of network; define certain terms.................................. SB 9 Community Health, Board of; reopen the 2014 open enrollment; major medical facility declared out of network; define certain terms................................ SB 32 Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions ................................. SB 158 Insurance; provide for access to opioid analgesics with abuse-deterrent properties; definitions..............................................................................................SB 245 Insurance; provide for certain insurance coverage for autism spectrum disorders ..................................................................................................................... SB 1 Public Employee Hazardous Chemical Protection and Rights to Know Act of 1988; transfer responsibility to Safety Fire Commissioner; provisions ................................................................................................................HB 278 Retirement; provide for creditable service for certain military service ..................SB 149 Retirement; provide for creditable service for certain military service; provide for application and payment...................................................................... SB 150 Retirement; provide for the transfer of membership between the Employees' Retirement and the Teachers Retirement System of Georgia..............SB 152 STATE FLAG, SEAL, AND OTHER SYMBOLS State Symbols; designate the Old Governor's Mansion as the official state historic house...........................................................................................................SB 168 State Symbols; designate white-tailed deer as official state mammal .....................HB 70 STATE GOVERNMENT Accountants; provide for powers and actions granted to other licensing boards; provisions...................................................................................................HB 246 Alcoholic Beverages; operation of company stores by distillers/brewers public can purchase limited quantities; limited conditions .................................... SB 174 Bona Fide Coin Operated Machines; provide certain definitions; license fees and requirements for manufacturers and distributors; provisions ...................SB 190 4348 INDEX Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions ................................................................................................................SB 135 Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions...................................HB 492 Criminal Procedure; procedure for enhancing witness identification accuracy; require ...................................................................................................... SB 94 Disclosure of Public Records; clarify that certain tax credits and exemptions are subject to disclosure ........................................................................ SB 52 Employment of Minors; issuance of employment certificates; change certain provisions....................................................................................................HB 366 Georgia Business Act; enact....................................................................................HB 259 Georgia Lottery for Veterans; provide that the Georgia Lottery Corporation shall offer one or more games to benefit veterans; provisions ...........SB 155 Georgia Lottery; allow winner to remain anonymous if donates 25 percent to the Lottery for Education Account or other tax exempt organizations; provisions.........................................................................................SB 179 Georgia Religious Freedom Restoration Act; provide for the preservation of religious freedom; enact......................................................................................SB 129 Georgia Sports Commission Fund; create; provisions ............................................HB 510 Governor's Task Force on Blind and Visually Impaired Persons; create................. SB 66 J. Calvin Hill, Jr., Act; enact ...................................................................................HB 252 Job Creation Standards Act of 2015; enact .............................................................. SB 16 Labor; create State Workforce Development Board; provisions ............................HB 348 Law Enforcement Officers and Agencies; provide definitions; require peace officers be equipped with audio/video recording device; provisions ............ SB 46 Local Government; provide for priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide ......................................................................................................... SB 4 Nonpublic Postsecondary Educational Institutions; revise definitions; revise provisions.....................................................................................................HB 353 Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create..................................................................................................... SB 59 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions ................................................................................................................SB 177 Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 State Depository Board; delete references to building and loan associations; revise provisions ................................................................................SB 104 INDEX 4349 State Government; provide for a minimum wage for state contractors and state employees; definitions; increase in the minimum wage ................................ SB 200 State House Districts; boundaries of certain districts; revise.................................HB 566 State of Georgia, Georgia Department of Transportation and electric utility companies; consider allowing use of their existing rights of way for pipeline expansion; request ...............................................................................HR 885 State Properties Code; applicability of public bidding processes for certain conveyances; clarify ....................................................................................HB 104 State Purchasing; equal credits be given to certain forestry certification systems when using green building standards in state construction operation, repair, and renovation projects; require .................................................HB 255 State Symbols; designate the Old Governor's Mansion as the official state historic house...........................................................................................................SB 168 State Symbols; designate white-tailed deer as official state mammal .....................HB 70 State Tort Claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide......................................................................HB 59 STATE PRINTING AND DOCUMENTS Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions ................................................................................................................SB 135 Crimes and Offenses; peace officers to use law enforcement agency issued devices to observe, photograph; any private place; clarify it shall be lawful ................................................................................................................... SB 71 Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions...................................HB 492 Criminal Procedure; procedure for enhancing witness identification accuracy; require ...................................................................................................... SB 94 Disclosure of Public Records; clarify that certain tax credits and exemptions are subject to disclosure ........................................................................ SB 52 Employment of Minors; issuance of employment certificates; change certain provisions....................................................................................................HB 366 Job Creation Standards Act of 2015; enact .............................................................. SB 16 Law Enforcement Officers and Agencies; provide definitions; require peace officers be equipped with audio/video recording device; provisions ............ SB 46 Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide.................. SB 4 Public Order and Safety, Offenses Against; clarify peace officers use law enforcement agency issued devices to observe in private place; provisions ................................................................................................................SB 177 STOCKBRIDGE, CITY OF Stockbridge, City of; levy an excise tax.................................................................HB 294 4350 INDEX SUMNER, TOWN OF Sumner, Town of; four-year terms for Mayor and Councilmembers; provide .....................................................................................................................HB 545 SUPERIOR COURTS Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure; certified process servers; provisions ................................................................................................................SB 135 Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 Trade Names; require registration with clerk of superior court; provisions ...........HB 524 SUPREME COURT Joint Session; message from Chief Justice of the Supreme Court ...........................HR 11 Public Officers and Employees; Supreme Court Justices and Court of Appeals Judges; provide daily expense allowances; provisions .............................HB 279 T TALBOT COUNTY Talbotton, City of; Talbot County; reincorporate....................................................HB 526 TALBOTTON, CITY OF Talbotton, City of; Talbot County; reincorporate....................................................HB 526 TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 TAX LEVIES AND EXECUTIONS Revenue and Taxation; clarify penalty for failure to file return or pay revenue held in trust for the state; provisions..........................................................HB 396 Revenue and Taxation; electronic service of certain notices; provide .....................HB 49 Revenue and Taxation; modify certain provisions relating to tax executions; change provisions .................................................................................. SB 97 Revenue and Taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions .......................HB 202 Sales and Use Tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions ..................................................................................................HB 426 INDEX 4351 TAX LEVIES AND EXECUTIONS; SALES UNDER TAX EXECUTIONS Taxes; amount payable at redemption of property; change provisions....................HB 51 TAXATION AND REVENUE Ad Valorem Tax; certain leased farm equipment; clarify an exemption ................HB 374 Ad Valorem Tax; certain persons from penalties for failure to timely pay tax; exempt................................................................................................................HB 94 Ad Valorem Tax; property; change certain definitions ...........................................HB 221 Ad Valorem Tax; economic development incentive programs; create ...................SB 239 Ad Valorem Tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide.............................................................................................HB 496 Ad Valorem Tax; watercraft held in inventory; exempt ........................................HB 457 Charity Care Organizations; provide health care services to the uninsured in this state; definitions; tax credits for contributions; establish .............................. SB 74 Counties and Municipal Corporations; provisions relating to water liens; revise procedures .................................................................................................... SB 206 Estates; taxes and tax liens; change provisions .......................................................HB 547 Excise Tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities .............................................................HB 408 Fireworks; provide for sale of consumer fireworks; provisions..............................HB 110 General Assembly; limit authority to impose taxes on income; phasing out of taxes on income.............................................................................................SR 337 Georgia Employer GED Tax Credit Act of 2015; enact ..........................................HB 63 Homestead Option Sales Tax Act; enact ................................................................HB 215 Income Tax Credit; change amount of credit for electric vehicle chargers; provisions.................................................................................................................HB 200 Income Tax Credit; change amount of credit for electric vehicle chargers; provisions.................................................................................................................HB 200 Income Tax Credit; film, video or digital production; extend ................................HB 339 Income Tax; claimant agency; revise definition......................................................HB 275 Income Tax; revise tax credit for rehabilitation of historic structures; provisions.................................................................................................................HB 308 Income Tax; water conservation facilities and a shift from ground-water usage; sunset tax credit ............................................................................................HB 464 Income Taxes; require the department to prepare a tax return for certain taxpayers ................................................................................................................... SB 30 Job Creation Standards Act of 2015; enact .............................................................. SB 16 Local Government; provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs; provisions................................. SB 201 4352 INDEX Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; provisions .....................................................HB 213 Motor Fuel Taxes; appropriated for any or all public transportation purposes; provide ..................................................................................................... SR 97 Penal Institutions; Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; create .................................................................................................HB 310 Revenue and Taxation; clarify penalty for failure to file return or pay revenue held in trust for the state; provisions..........................................................HB 396 Revenue and Taxation; electronic service of certain notices; provide .....................HB 49 Revenue and Taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law..................................................HB 292 Revenue and Taxation; modify certain provisions relating to tax executions; change provisions .................................................................................. SB 97 Revenue and Taxation; prohibit the levy of state ad valorem taxes .......................SR 604 Revenue and Taxation; provide license plate for automobile dealers headquartered in Georgia; provide comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; provisions .......................HB 202 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 Revenue and Taxation; special purpose local option sales tax; provide for additional purpose for the use of the proceeds of tax ..............................................SB 122 Sales and Use Tax; distribution for educational purposes; change certain provisions.................................................................................................................HB 369 Sales and Use Tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide .....................................................................................................HR 394 Sales and Use Tax; programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; remove .....................................................................................................................HB 227 Sales and Use Tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions ..................................................................................................HB 426 Sales and Use Tax; tangible personal property used for or in renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of Internal Revenue Code; provide exemption.........................................................................................HB 238 Sales and Use Tax; tangible personal property used for or in the renovation or expansion of an aquarium; provide state and local sales tax exemption ................................................................................................................HB 428 Sales and Use Tax; value all flooring samples at the same rate for purposes of fair market value ..................................................................................HB 277 INDEX 4353 State Income Tax; angel investor tax credit; extend ...............................................HB 237 State Income Tax; certain allocations to owners of certain entities shall be governed by Georgia law; clarify .............................................................................HB 20 Tax Collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include ...........................................HB 234 Taxation and Revenue; allow an individual with no taxable income to claim a tax credit....................................................................................................... SB 17 Taxation; confidential taxpayer information; allow the state revenue commissioner to provide members of the legislative study committee with such information; authorize .............................................................................. SB 54 Taxes; amount payable at redemption of property; change provisions....................HB 51 Taxes; provide for legislative findings relating to gasoline and aviation fuel; provisions .......................................................................................................HB 319 Tobacco Products; manufacturers and importers; remove certain bonding requirements ............................................................................................................HB 312 Transportation Funding Act of 2015; enact.............................................................HB 170 TAYLOR COUNTY State Highway System; dedicate certain portions ....................................................HR 36 TEACHERS Social Services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide .........................................................................................HB 177 TEACHERS RETIREMENT SYSTEM Retirement; provide for the transfer of membership between the Employees' Retirement and the Teachers Retirement System of Georgia ..............SB 152 TELEPHONE AND TELEGRAPH SERVICE Partnership for Public Facilities and Infrastructure Act Guidelines Committee; create ..................................................................................................... SB 59 Public Utilities; telephone system for the physically impaired; provisions ............HB 201 TELEVISION Income Tax Credit; film, video or digital production; extend ................................HB 339 THEFT OFFENSES Insurers, Limits of Risks, Reinsurance; provide for certain requirements by any insurer; liability insurance policy covering automobile liability.................SB 123 THOMPSON, CHIEF JUSTICE HUGH P. Administered Oath of Office to 2015 2016 Senators ............................................Page 3 Delivered State of Judiciary address ................................................................... Page 132 4354 INDEX TOBACCO AND TOBACCO RELATED PRODUCTS Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate...............................................................................................HB 565 TOBACCO COMMUNITY DEVELOPMENT BOARD Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate...............................................................................................HB 565 TORTS Patient Compensation Act; establish ........................................................................ SB 86 Pharmacists and Pharmacies; authorize certain health care practitioners to prescribe auto-injectable epinephrine to authorized entity; emergency purposes; authorize ................................................................................................. SB 126 State Tort Claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide ......................................................................HB 59 Torts; provide civil immunity for a person; forcible entry of a motor vehicle for purpose of removing a minor; imminent danger to the minor; provide ...................................................................................................................... SB 55 Torts; provide immunity from liability; persons entering a parked motor vehicle; purpose of removing a child from motor vehicle; definitions .................... SB 34 TRANSPORTATION, DEPARTMENT OF Abandoned Public Road Property; notice and right to acquire when located within a subdivision; provide .....................................................................HB 477 Acquisition of Property for Transportation Purposes; attorney's fees and expenses of trial in appeals to condemnation compensation award amount. ....................................................................................................................SB 144 Captain Herb Emory Flyover Ramp; dedicate ......................................................... SR 40 Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Department of Transportation ............SB 169 Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to Commissioner of Department of Transportation until 2017; provide ...........................................................................................................HB 214 Procedures for Disposition of Property; provide for notice and right to acquire when such property is located within subdivision; provide........................SB 170 Railroads; provide for the installation of farm crossings and cattle guards on property intersected by a railroad; provisions ..................................................... SB 90 Revenue and Taxation; provide limitation on joint county and municipal sales and use tax on motor fuel; provisions.............................................................HB 106 State of Georgia, Georgia Department of Transportation and electric utility companies; consider allowing use of their existing rights of way for pipeline expansion; request ...............................................................................HR 885 INDEX 4355 State Road and Tollway Authority; collection of tolls for the management of traffic flow; authorize..........................................................................................SB 125 Transportation Funding Act of 2015; enact.............................................................HB 170 TRANSPORTATION, STATE BOARD OF; ELECTIONS Bowen, Rudy; elected member.............................................................................P...age 783 Burkhalter, Mark; elected member .......................................................................P...age 782 Shaw, Jay; elected member ..................................................................................P...age 784 TRIALS Conduct of Proceedings; reversal on appeal; judge expresses an opinion regarding proof in a criminal case; change provisions ............................................. SB 99 Crimes and Offenses; protection of disabled adults and elder persons; expand and clarify.....................................................................................................HB 72 TROUP COUNTY Property Conveyance; authorizing 16 counties to convey property........................SR 266 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 Troup County Community Improvement Districts Act; enact ................................HB 380 TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize .............................................................................................HB 217 TWIGGS COUNTY Twiggs County; Board of Commissioners; compensation and expenses of members; change provisions ...................................................................................HB 573 Twiggs County; manner of fixing compensation of employees of Sheriff's office; change...........................................................................................................HB 574 TYBEE ISLAND, CITY OF Tybee Island, City of; provide for an advisory referendum election; construction of a public swimming pool .................................................................. SB 84 U UNIFORM RULES OF THE ROAD Local Government; require reports of revenues submitted to Department of Community Affairs; total amount of speeding fine collected .............................SB 134 4356 INDEX Motor Vehicles and Traffic; create new class or motor vehicles to be known as autonomous vehicles; definitions; requirements .................................... SB 113 Motor Vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre..........................HB 375 Motor Vehicles; provisions relating to loads shall include certain trailers; provide .....................................................................................................................HB 123 Motorcycle Mobility Safety Act; safe operation of a motorcycle; inoperative traffic-control signal; enact.................................................................... SB 76 Smokefree Cars for Children Act; any person in control of a motor vehicle who smokes; person under the age of 15 in vehicle; misdemeanor............SB 130 State Road and Tollway Authority; collection of tolls for the management of traffic flow; authorize..........................................................................................SB 125 Uniform Rules of the Road; procedure for passing sanitation vehicles; provide .....................................................................................................................HB 206 UPSON COUNTY Property Conveyance; authorizing 16 counties to convey property........................SR 266 URBAN REDEVELOPMENT LAW Local Government; priority of certain liens; assessments for downtown development authorities; use of surface transportation projects; provide .................. SB 4 Urban Redevelopment Law; revise terminology from slums to pockets of blight; provisions ....................................................................................................HB 174 V VENEREAL DISEASES Georgia HIV/Syphilis Pregnancy Screening Act of 2015; enact ............................HB 436 VERDICT AND JUDGMENT Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .........................HB 197 State Tort Claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide ......................................................................HB 59 VETERANS AFFAIRS Special License Plates; public safety first responders who have received a major injury in the line of duty; surviving spouse of sibling of service member; free license plates to disabled veterans; provide .......................................HB 48 War Veterans' Home; residency requirements to qualify for admission; revise........................................................................................................................HB 180 INDEX 4357 VETERINARIANS AND VETERINARY TECHNICIANS Georgia Retail Marijuana Code; provide for the regulation of the retail sale of marijuana; provisions ...................................................................................SB 198 Uniform Emergency Volunteer Health Practitioners Act; enact .............................SB 230 VETOES Veto Letters 2014 ..................................................................................................Page 4 Veto HB 744 line item...........................................................................................Page 8 VICTIMS OF CRIME Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Pardons and Paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions ...............HB 71 Victim Compensation; increase the amount payable for funeral expenses; enlarge pool of claimants include individuals related by marriage; revise provisions.................................................................................................................. SB 79 VIDALIA, CITY OF Vidalia, City of; levy an excise tax..........................................................................HB 636 VITAL RECORDS Juvenile Code, Domestic Relations, and Vital Records; voluntary acknowledgments of legitimation; repeal................................................................. SB 64 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Education; noncitizen students; same consideration as citizens of U.S.; determining whether they qualify for in-state classification; tuition and fees ............................................................................................................................ SB 44 Education; raise the mandatory education from 16 to 17 1/2; adult literacy for purposes of conformity; revise provisions............................................. SB 60 Technical and Adult Education; change name of Technical College System of Georgia to Georgia Career College System; provisions ........................HB 315 Technical College System of Georgia; establish policies for granting academic credit for college level learning from military service, work experience ................................................................................................................. SB 18 W WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS State Tort Claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide ......................................................................HB 59 4358 INDEX WALKER COUNTY E-4 Roger Dorsey, United Sates Navy, Memorial Intersection; dedicate...............SR 355 State Highway System; dedicate certain portions ....................................................HR 36 WALTON COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 WARE COUNTY Satilla Regional Water and Sewer Authority; selection of members; revise manner...........................................................................................................HB 518 WARNER ROBINS, CITY OF Warner Robins, City of; ad valorem tax; filing an application for homestead exemption; change date ........................................................................HB 644 Warner Robins, City of; resolution passed by City Council; change a reference ..................................................................................................................HB 643 WASHINGTON COUNTY Washington County; Board of Elections and Registration; create and provide powers and duties .......................................................................................HB 403 WATER RESOURCES Income Tax; water conservation facilities and a shift from ground-water usage; sunset tax credit ............................................................................................HB 464 J. Calvin Hill, Jr., Act; enact....................................................................................HB 252 Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities are prohibited.............SB 101 Underground Water Supply Protection Act of 2015; prohibit the injection of ground water into the Floridian aquifer in certain counties ................................. SB 36 WATERS, PORTS, AND WATERCRAFT Alcoholic Beverages; modernize certain terms; provisions ...................................HB 276 Debtor-Creditor Uniform Law Modernization Act of 2015; enact .......................... SB 65 Georgia Ports Authority; provide for powers; acceptance of loans/grants from United States upon certain terms and conditions............................................... SB 5 Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels ..............................................................................HB 172 WAYCROSS, CITY OF Waycross, City of; change corporate limits.............................................................HB 523 Waycross, City of; change the term Recorder to Judge of Municipal Court; rename the Police Court as the Municipal Court; provisions.......................HB 254 INDEX 4359 WAYNE COUNTY Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties ...............................SR 267 WEAPONS Crimes and Offenses; minor violations of weapons in school safety zones are not considered Class B designated felonies; provisions ...................................HB 492 WHEELER COUNTY State Highway System; dedicate certain portions ....................................................HR 36 WHITE COUNTY Appalachian Parkway; White County; dedicate......................................................SR 290 Board of Education of White County; provide for the compensation of members...................................................................................................................SB 237 WILCOX COUNTY Wilcox County; Probate Court; judge also serves as Chief Magistrate of Magistrate Court on or after June 1, 2015; provisions ............................................HB 388 WILD ANIMALS Wild Animals; African pygmy hedgehog from wild animal license and permit requirements; exempt ...................................................................................SB 180 WILDLIFE Game and Fish; trapping of raccoons in certain counties; repeal a provision ..................................................................................................................HB 160 Wildlife; prohibit the removal, transportation; game animal or game bird carcasses; provisions................................................................................................SB 112 WILLS, TRUSTS AND ESTATES; YEARS SUPPORT Estates; taxes and tax liens; change provisions .......................................................HB 547 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Estates; taxes and tax liens; change provisions .......................................................HB 547 Local Government Investment Pool; trust fund managed by state treasurer; provide ......................................................................................................HB 95 WINE Alcoholic Beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide .....................................................................................................................HB 535 4360 INDEX WOMAN'S RIGHT TO KNOW ACT Abortion; change certain provisions relating to criminal abortion........................... SB 39 WORKERS COMPENSATION Consumer and Provider Protection Act; provide certain consumer and provider protections regarding health insurance; provisions.................................. SB 158 Labor and Industrial Relations; compensation for occupational diseases; firefighters; define certain terms............................................................................... SB 29 Workers' Compensation; change certain provisions................................................HB 412 Z ZONING; PROCEDURES Local Government; regulate procedures governing applications for permits for critical infrastructure projects; provisions ............................................SB 142