Journal of the House of Representatives of the State of Georgia at the special session commenced at Atlanta, Monday, May 3, 2004 and adjourned Friday, May 7, 2004

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE SPECIAL SESSION
Commenced at Atlanta, Monday, May 3, 2004 and adjourned Friday, May 7, 2004
2004 Atlanta, Ga.
Printed on Recycled Paper

MONDAY, MAY 3, 2004 Representative Hall, Atlanta, Georgia
Monday, May 3, 2004

4081

Pursuant to the call of his Excellency, Governor Sonny Perdue, the House met in special session at 10:00 o'clock, A.M., this day and was called to order by the Honorable Terry Coleman, Speaker of the House of Representatives.

The following proclamation was read:

BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN SPECIAL SESSION

WHEREAS:

Article V, Section II, Paragraph VII of the Constitution of the State of Georgia grants to the Governor the power to convene a special session of the General Assembly, stating and thereby limiting its purposes; and

WHEREAS:

The Regular Session of the 2004 General Assembly adjourned sine die on April 7, 2004; and

WHEREAS:

The general appropriations bill for Fiscal Year 2005 that the General Assembly passed in regular session, House Bill 1181, violates Article III, Section IX, Paragraph IV(b) of the Constitution of the State of Georgia in that it would appropriate funds that the State could only collect upon the passage of House Bill 869, relating to indigent defense funding, which the General Assembly did not pass; and

WHEREAS:

The General Assembly has a constitutional duty to pass a general appropriations bill appropriating funds which do not, "In aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year together with an amount not greater than the total treasury receipts from existing revenue sources anticipated to be collected in the fiscal year...." Ga. Const. art. III, IX, IV(b); and

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JOURNAL OF THE HOUSE

WHEREAS:

The Governor has determined that certain purposes warrant the convocation of a special session; now

THEREFORE:

By virtue of the power and authority that the Constitution of the State of Georgia confers upon me, I, Sonny Perdue, Governor of the State of Georgia, do hereby convene the General Assembly of this State in Special Session at ten o'clock (10:00) a.m. on Monday, May 3, 2004, for the purposes and only the purposes stated as follows:

1. To amend paragraph (1) of subsection (b) of Section 15-6-94 of the Official Code of Georgia Annotated, relating to membership on the Georgia Superior Court Clerks' Cooperative Authority.
2. To enact, revise, repeal, or amend general law relating to the funding and provision of indigent defense services, including, without limitation, services provided under Chapter 12 of Title 17 of the Official Code of Georgia Annotated.
3. If necessary, to receive an amended estimate of the State funds available for appropriation in Fiscal Year 2005 to reflect any new revenue sources created by action of the General Assembly under No. 2, above, and any change in anticipated revenue collections.
4. To enact, revise, repeal, or amend local laws.

This 23rd day of April 2004.

/s/ Sonny Perdue GOVERNOR

ATTEST

(SEAL)

/s/ John R. Watson EXECUTIVE SECRETARY

The roll was called and the following Representatives answered to their names:

Amerson Ashe Bannister Barnard Barnes Benfield Birdsong Black E Boggs Bordeaux

Dooley Douglas Drenner Dukes Ehrhart Epps Fleming Floyd, J Fludd Forster

Houston Howard Howell Hudson Hugley Jackson Jenkins, C Jenkins, C.F Jordan Keen

Mosby Mosley Murphy, J Noel E Oliver, B Oliver, M O'Neal E Parham Parrish Parsons

Sims Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Smyre Snow Stephens, E

Bridges Brock Brown Buck Buckner, D Buckner, G Burkhalter Burmeister Butler E Campbell Chambers Channell Childers Coleman, B Cooper Crawford Cummings Day Deloach Dodson

MONDAY, MAY 3, 2004

Franklin Gardner Golick Graves, D Graves, T Greene Hanner Harper Harrell Heard, J Heard, K Heath Hembree Henson Hill, C Hill, C.A Hill, V Hines E Holmes

Knox Lane Lewis Lord Lucas Lunsford Maddox Mangham Manning Marin Martin Maxwell McBee McCall Millar Mills Mitchell E Moraitakis Morris

Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Rogers, C Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon Sholar

4083
Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Thomas, A.M Thompson Walker, L Warren Westmoreland White Wilkinson Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Borders of the 142nd; Brooks of the 47th; Broome of the 141st, Post 2; Bruce of the 45th; Bunn of the 63rd; Coan of the 67th, Post 1; Elrod of the 25th; Floyd of the 69th, Post 2; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; James of the 114th; Jamieson of the 22nd; Massey of the 24th; McClinton of the 59th, Post 1; Mobley of the 58th; Murphy of the 97th; Oliver of the 121st, Post 2; Orrock of the 51st; Roberts of the 135th; Sinkfield of the 50th; Stanley-Turner of the 43rd, Post 2; and Watson of the 60th, Post 2.
They wish to be recorded as present.

Prayer was offered by Mr. Roger Byrd, House Messenger, Hazlehurst, Georgia.

The members pledged allegiance to the flag.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

4084

JOURNAL OF THE HOUSE

The following Resolutions of the House were read and adopted:

HR 1EX. By Representative Skipper of the 116th

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in special session and is now ready for the transaction of business.

HR 2EX. By Representative Skipper of the 116th

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in special session and is now ready for the transaction of business.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd and O`Neal of the 117th:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; to change the membership of the

MONDAY, MAY 3, 2004

4085

Georgia Superior Court Clerks' Cooperative Authority; to change provisions relating to priorities of distributions of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior courts; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 2EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd and O`Neal of the 117th:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; to change the membership of the Georgia Superior Court Clerks' Cooperative Authority; to change provisions relating to priorities of distributions of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior courts; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 3EX. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 4EX. By Representative Hudson of the 95th: A BILL to amend an Act fixing the salary of the Treasurer of Glascock

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JOURNAL OF THE HOUSE
County, so as to change the compensation of the treasurer of said county; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 5EX. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:
A BILL to authorize the City of Powder Springs 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 Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 6EX. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2, Mosby of the 59th, Post 3 and others:
A BILL to create the Henry County Board of Elections and Registration; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 7EX. By Representatives Hill of the 81st, Jordan of the 83rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Maddox of the 59th, Post 2 and others:
A BILL to amend an Act entitled "An Act to establish a civil service system for the employees of Clayton County," so as to provide that an employee of Clayton County shall be authorized to qualify for election to a county office; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MAY 3, 2004

4087

Representative Thomas Morgan of the 33rd, Post 2 arose to a point of personal privilege and addressed the House.

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 3EX. By Representatives Royal of the 140th, Coleman of the 118th, Hanner of the 133rd, Parrish of the 102nd, Skipper of the 116th and others:
A RESOLUTION commending Honorable Thomas B. Buck III; and for other purposes.

HR 4EX. By Representatives Coleman of the 118th, Keen of the 146th, Skipper of the 116th, Westmoreland of the 86th, Parrish of the 102nd and others:
A RESOLUTION honoring Representative Tom Buck; and for other purposes.

HR 5EX. By Representative Mosley of the 129th, Post 1: A RESOLUTION commending Evan James; and for other purposes.

HR 6EX. By Representative Mosley of the 129th, Post 1: A RESOLUTION commending Mary J. Wool; and for other purposes.

HR 7EX. By Representative Coleman of the 118th: A RESOLUTION commending Charles E. Parker; and for other purposes.

HR 8EX. By Representative Mosley of the 129th, Post 1: A RESOLUTION commending Susan Taylor; and for other purposes.

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JOURNAL OF THE HOUSE

HR 9EX. By Representative Mosley of the 129th, Post 1: A RESOLUTION commending Peggy Thompson; and for other purposes.

HR 10EX. By Representative Mosley of the 129th, Post 1:
A RESOLUTION commending Martha Joi McCarthy; and for other purposes.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 1EX. By Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
HR 2EX. By Representative Skipper of the 116th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The President announced as a Committee of Notification on the part of the Senate the following Senators:
Johnson of the 1st, Stephens of the 51st, Meyer von Bremen of the 12th, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Starr of the 44th.

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

TUESDAY, MAY 4, 2004 Representative Hall, Atlanta, Georgia
Tuesday, May 4, 2004

4089

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Anderson E Ashe Bannister Barnard Barnes Beasley-Teague Benfield Birdsong Black E Boggs Bordeaux E Borders Bridges E Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Chambers E Channell Childers Coan Coleman, B Cooper Crawford

Cummings Day Dean Deloach Dix Dodson Dollar Dooley Douglas E Drenner Ehrhart Elrod Epps Fleming Floyd, H Floyd, J Forster Franklin Gardner E Golick Graves, D Graves, T Greene Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A

Hill, V Hines E Holmes Houston Howard Howell E Hudson Hugley E Jackson James Jamieson Jenkins, C Jenkins, C.F Jones Jordan E Joyce Keen Knox Lane Lewis E Lord Lunsford Mangham Manning Martin Massey E Maxwell McBee E McCall Millar Mills Mitchell Moraitakis

Morris Mosby E Mosley Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Orrock E Parham Parrish Parsons Porter Powell Purcell E Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon Sholar

Sims Skipper Smith, B Smith, L Smith, P Smith, T E Smith, V Smyre Snow Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Thomas, A.M Thompson Walker, L Walker, R.L Warren Watson Westmoreland E White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Dukes of the 136th; Fludd of the 48th, Post 4; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Henson of the 55th; Lucas of the 105th; Marin of the 66th; Mobley of the 58th; Noel of the 44th; and Sinkfield of the 50th.

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JOURNAL OF THE HOUSE

They wish to be recorded as present.

Prayer was offered by Representative Victor Hill, 81st District, Riverdale, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

By unanimous consent, the following Bills of the House were read the second time:

HB 1EX HB 2EX HB 3EX HB 4EX

HB 5EX HB 6EX HB 7EX

Representative Bruce of the 45th arose to a point of personal privilege and addressed the House.

TUESDAY, MAY 4, 2004

4091

Representative Buckner of the 82nd arose to a point of personal privilege and addressed the House.

Representative Hugley of the 113th arose to a point of personal privilege and addressed the House.

Representative Smith of the 87th arose to a point of personal privilege and addressed the House.

Representative Marin of the 66th arose to a point of personal privilege and addressed the House.

Representative Thomas of the 43rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Dean of the 49th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 11EX. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Westmoreland of the 86th, Yates of the 85th, Post 1 and Roberts of the 131st:
A RESOLUTION commending Timothy Blake Butler; and for other purposes.

HR 12EX. By Representative Channell of the 77th: A RESOLUTION congratulating Mylle Mangum; and for other purposes.

HR 13EX. By Representative Channell of the 77th:
A RESOLUTION honoring the Eatonton-Putnam Chamber of Commerce; and for other purposes.

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JOURNAL OF THE HOUSE

HR 14EX. By Representative Ray of the 108th:
A RESOLUTION congratulating and commending Phillip Bishop of Albany; and for other purposes.

HR 15EX. By Representative Ray of the 108th:
A RESOLUTION commending Thomas R. (Tommy) Hunnicutt; and for other purposes.

HR 16EX. By Representatives Royal of the 140th, Coleman of the 118th, Hanner of the 133rd, Buck of the 112th, Smyre of the 111th and others:
A RESOLUTION commending Honorable Jimmy Skipper; and for other purposes.

HR 17EX. By Representatives Smith of the 87th, Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, Birdsong of the 104th, Dodson of the 84th, Post 1 and others:
A RESOLUTION recognizing and commending Fort McPherson and Fort Gillem; and for other purposes.

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1EX Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

TUESDAY, MAY 4, 2004

4093

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

4094

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Wednesday, May 5, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Ashe Bannister Barnard Beasley-Teague Birdsong Black Boggs Bordeaux E Borders Bridges Brock Brooks Broome Bruce Buck Buckner, D Buckner, G Bunn Burmeister Campbell Casas Chambers E Channell Childers Coleman, B Cooper Crawford Cummings

E Dean Deloach Dooley Douglas Drenner Fleming Floyd, J Fludd Franklin Gardner Golick Graves, D Greene Hanner Harbin
E Harper Heard, J Heard, K Heath Heckstall Hembree Hill, C
E Hill, C.A Hill, V Hines Houston Howard Howell

E Hudson Hugley Jackson James Jamieson Jenkins, C Jenkins, C.F Jones Jordan
E Joyce Keen Knox Lane Lewis Lord Lunsford Manning Marin Martin Maxwell McBee McCall Millar Mills Mitchell Moraitakis Mosby Mosley

Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock E Parham Parrish Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Royal Rynders Sailor Scott Shaw

Sheldon Sholar Skipper Smith, B Smith, P Smith, T E Smith, V Smyre Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Thomas, A.M Walker, L Walker, R.L Warren Watson Westmoreland White Wilkinson Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Barnes of the 84th, Post 2; Burkhalter of the 36th; Butler of the 88th, Post 1; Coan of the 67th, Post 1; Dix of the 70th, Post 2; Dodson of the 84th, Post 1; Dollar of the 31st; Dukes of the 136th; Elrod of the 25th; Epps of the 90th; Floyd of the 69th, Post 2; Graves of the 10th; Greene-Johnson of the 60th, Post 3; Harrell of the 54th; Henson of the 55th; Lucas of the 105th; Maddox of the 59th, Post 2; Mangham of the 62nd; Massey of the 24th; McClinton of the 59th, Post 1; Morris of the 120th; Rogers of the 15th; Sims of the 130th; Sinkfield of the 50th; Smith of the 87th;

WEDNESDAY, MAY 5, 2004

4095

Snow of the 1st; Stanley-Turner of the 43rd, Post 2; Willard of the 40th; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Representative Len Walker, District 71, Post 1, Loganville, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Representative Heckstall of the 48th District, Post 3, Vice-Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 3EX HB 4EX HB 5EX

Do Pass Do Pass Do Pass

HB 6EX Do Pass HB 7EX Do Pass

Respectfully submitted, /s/ Heckstall of the 48th, Post 3
Vice-Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 3EX. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; 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, the ayes were 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 4EX. By Representative Hudson of the 95th:
A BILL to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer of said county; and for other purposes.

WEDNESDAY, MAY 5, 2004

4097

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 5EX. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:
A BILL to authorize the City of Powder Springs 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 Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; 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, the ayes were 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 6EX. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2, Mosby of the 59th, Post 3 and others:
A BILL to create the Henry County Board of Elections and Registration; 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, the ayes were 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 7EX. By Representatives Hill of the 81st, Jordan of the 83rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Maddox of the 59th, Post 2 and others:
A BILL to amend an Act entitled "An Act to establish a civil service system for the employees of Clayton County," so as to provide that an employee of Clayton County shall be authorized to qualify for election to a county office; 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, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks
Broome Brown Y Bruce Y Buck Y Buckner, D N Buckner, G Bunn Y Burkhalter Y Burmeister Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach
Dix Dodson Dollar Y Dooley Y Douglas Y Drenner Y Dukes Ehrhart Elrod Epps Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin E Harper Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Mitchell Mobley Y Moraitakis Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

WEDNESDAY, MAY 5, 2004 On the passage of the Bill, the ayes were 135, nays 1. The Bill, having received the requisite constitutional majority, was passed.

4099

By unanimous consent, the previous Bills were ordered immediately transmitted to the Senate.

May 5, 2004

Memo to:

Mr. Robert Rivers Clerk of the House of Representatives

From:

Representative Gail Buckner

Re:

Journal Request for H.B. 7EX

Today I am filing a Journal report on my no vote for H.B. 7EX. The subject matter of this legislation is currently pending before the U.S. Justice Department. I believe it is irresponsible to ask the members of the Georgia House of Representatives to vote on this matter at this time.

Likewise, there has been no public discussion of introducing this legislation, and I was not made aware of this bill until it was read for the first time in the House.

Representative Butler of the 88th, Post 1 arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 18EX. By Representatives Buckner of the 82nd, Mosley of the 129th, Post 1, Hugley of the 113th, Manning of the 32nd, Reece of the 11th and others:
A RESOLUTION commending Colonel Angela Manos and inviting her to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd and O`Neal of the 117th:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; to change the membership of the Georgia Superior Court Clerks Cooperative Authority; to change provisions relating to priorities of distributions of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior courts; to provide that the Criminal Justice Coordinating Council shall certify victim assistance programs; to require that victim assistance funds be paid only to certified programs; to provide for certain reports; to provide for certain disbursements; to provide for certain reserve funds; to provide that the Georgia Superior Court Clerks Cooperative Authority shall act as the collecting and remitting agent for the centralized collection and remittance of certain court costs and fees and certain additional penalties and bonds in criminal cases; to prescribe certain new additional court costs and fees and penalties and bond surcharges in criminal cases and provide for the disposition thereof; to provide for application fees for persons applying for indigent defense services and provide for the disposition thereof; to provide for intent with respect to availability of certain funds for appropriation for indigent defense purposes; to state legislative findings; to define terms; to provide for court clerks and other officials to remit funds to the authority and provide measures for accountability therefor; to authorize the authority to prescribe forms and procedures for reporting in connection with collections by the authority; to provide for remittances by the authority and certain reporting with respect thereto; to change provisions relating to the

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qualifications of members of the Georgia Public Defender Standards Council; to change provisions relating to the Georgia Public Defender Standards Councils standards; to create a General Oversight Committee for the Georgia Public Defender Standards Council and provide for members, duties, annual reporting, allowances, and performance audits; to provide for immunity for certain persons for certain matters; to provide for changes relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council, funding, and personnel; to provide for matters for certain counties that were operating under "The Georgia Criminal Justice Act"; to provide for requirements as to actions by superior courts where there are more than two judges in a county or circuit; to provide for arrangements for indigents in criminal proceedings; to provide for compensation of assigned counsel generally; to provide for compensation of nonprofit legal aid agencies; to provide for the office of public defender and the appointment, term, and qualifications thereof; to provide for matters related to competence of attorneys assigned as counsel to defend indigent persons; to provide for assignment and duties of substitute attorneys; to provide for standards for determination of indigency; to provide for recovery of payment or reimbursement from defendants receiving legal assistance or benefits; to provide for maintenance of records and reports by public defenders and legal aid agencies; to provide for financing of costs of indigent defense programs by counties and private contributions; to provide for applicability; to provide for a specific repealer; to change provisions relating to the qualifications of members of the public defender selection panel; to change provisions relating to the salary of the circuit public defender; to change provisions relating to the Georgia Public Defender Standards Councils budget and support from the Administrative Office of the Courts; to change provisions relating to appointment of assistant public defenders and their salary; to change provisions relating to appointment of an investigator; to change provisions relating to employment of supplemental personnel and compensation; to change provisions relating to classification of personnel; to change certain provisions regarding requirements of such alternate delivery systems; to create the State Victim Services Commission; to provide for its composition, membership, filling of vacancies, powers, duties, and responsibilities; to provide for meetings; to provide for the obtaining of certain information; to provide for certain reviews and investigations; to provide for the commission to make certain recommendations; to make numerous conforming amendments; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-6-77.4, relating to additional filing fees in divorce cases, and inserting in its place a new subsection to read as follows:
"(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an

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additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 60 days after the last day of the preceding quarter."
SECTION 2. Said Title 15 is further amended by striking paragraph (1) of subsection (b) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new paragraph to read as follows:
"(b)(1) The authority shall consist of seven ten members as follows: (A) The two members who are not required to be superior clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed as provided by prior law shall continue to serve out the terms for which they were appointed. Upon the expiration of the terms of these members one such position shall cease to exist and the successors to the other such position shall be appointed by the executive board of The Council of Superior Court Clerks of Georgia; (B) The two members appointed by the executive board of The Council of Superior Court Clerks of Georgia, who are and shall currently be superior court clerks, to serve for a term of two years each and until their respective successors are appointed as provided by prior law shall continue to serve and their successors shall likewise be superior court clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia; (C) The one member appointed by the Governor, who is and shall currently be a county commissioner, to serve for a term of three years and until such members respective successor is appointed as provided by prior law shall continue to serve and his or her successors shall likewise be county commissioners appointed by the Governor; (D) The and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed who are not required to be county commissioners appointed as provided by prior law shall serve out the terms for which they were appointed; and upon the expiration of such terms and thereafter a successor to one such member shall be a superior court clerk appointed by the Governor and a successor to the other such member shall be appointed by the Governor; (E) One member who shall be a superior court clerk appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule;

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(F) One member who shall be a superior court clerk appointed by the Speaker of the House of Representatives; (G) One member who shall be a superior court judge appointed by the Chief Justice of the Supreme Court of Georgia; and (H) One member appointed by the Governor. All members After the initial appointments, all members thereafter shall serve for terms of three years each and until their successors are appointed and qualified. All acts performed by the authority prior to April 1, 1994, shall have the same force and effect as if this paragraph had been in effect since the creation of the authority."
SECTION 3. Said Title 15 is further amended by striking Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior court, and inserting in lieu thereof the following:
"15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs Retirement Fund of Georgia; (5)(4) The surcharge provided for in Chapter 21 of this title for the Peace Officer and Prosecutor Training Fund amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (4)(6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (6)(7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (7)(8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112 for compensation of victims of violations of Code Section 40-6-391; (8)(9) The balance of the fine shall be paid to the county; (9)(10) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund."
SECTION 4. Said Title 15 is further amended by striking Code Section 15-9-60.1, relating to

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additional marriage license fees, and inserting in its place a new Code section to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 60 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
SECTION 5. Said Title 15 is further amended by striking Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund Act of 1983," and inserting in its place a new article to read as follows:
"ARTICLE 4
15-21-70. This article shall be known as and may be cited as the 'Peace Officer, and Prosecutor, and Indigent Defense Funding Training Fund Act of 1983.'
15-21-71. This article is enacted in part pursuant to the authority of Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.

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15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers and to make funds available for funding state indigent defense programs.
15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorders, or mayors court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the: (A) The lesser of $50.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorders court, mayors court, or superior court shall order the forfeiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74.
(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.
15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 60 days after the last day of the preceding quarter.

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15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved.
15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor. Reserved.
15-21-77. (a) An amount equal to all funds remitted as provided in Code Section 15-21-74 the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-2173 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This Code section subsection shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the 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 circuit was not operating an alternative delivery system."
SECTION 6. Said Title 15 is further amended by striking Code Sections 15-21-113 and 15-21-114, relating to collection and remittance of additional penalties in driving under the influence cases for the Georgia Crime Victims Emergency Fund, and inserting in their place the following:
"15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the 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 Georgia Crime Victims Compensation Board by the last day of the month there following, to be deposited into

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the Georgia Crime Victims Emergency Fund. The Georgia Crime Victims Compensation Board authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 60 days after the last day of the preceding quarter.
15-21-114. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 7. Said Title 15 is further amended by striking Code Section 15-21-132, relating to assessment and collection of victim assistance funds, and inserting in lieu thereof the following:
"15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over on a monthly basis to the Georgia Superior Court Clerks Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority as follows:
(1) If the county where the fine was imposed operates or participates in a any victim assistance program approved certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the governing authority of the county for disbursement to those that victim assistance program programs; or (2) If the county where the fine was imposed does not operate or participate in a any victim assistance program approved certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorneys office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorneys office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year. (a.1) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit to the Criminal Justice Coordinating Council a monthly financial report which states the

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amount collected and the agencies, organizations, or programs which directly received funds in that same period from said officer in order to allow coordination of local, state, and federal funding sources for similar services (b) The Georgia Superior Court Clerks Cooperative Authority shall receive and distribute the funds collected pursuant to this Code section to the county governing authorities and shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed to each county governing authority no later than the last day of the month following the month in which the funds were collected. (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year. (d) All recipients of funds pursuant to this Code section shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received from each county governing authority, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipients annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section. (b)(e) The Criminal Justice Coordinating Council shall promulgate rules governing the approval certification of victim assistance programs. The rules shall provide for the approval certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that approval certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section. (g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council."
SECTION 8. Said Title 15 is further amended by striking Code Section 15-21-133, relating to payment

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of additional sums, and inserting in lieu thereof the following: "15-21-133. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount Reserved."
SECTION 9. Said Title 15 is further amended by striking Code Sections 15-21-150 and 15-21-151, relating to collection and remittance of additional penalties in driving under the influence cases for the Brain and Spinal Injury Trust Fund, and inserting in their place the following:
"15-21-150. The sums provided for in Code Section 15-21-149 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 Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-143 by the last day of the month there following, to be deposited into the Brain and Spinal Injury Trust Fund.
15-21-151. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 10 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 10. Said Title 15 is further amended by adding a new Chapter 21A to read as follows:
"CHAPTER 21A
15-21A-1. (a) The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and

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that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance for local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance. (b) It is the intent of this chapter to meet the needs identified in subsection (a) of this Code section and to provide for certain new fees and surcharges in order that funds may be made available for appropriation and may be appropriated for purposes of indigent defense.
15-21A-2. As used in this chapter, the term 'authority' means the Georgia Superior Court Clerks Cooperative Authority established pursuant to Code Section 15-6-94.
15-21A-3. (a) As used in this Code section the term 'court' means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts, whether called mayors courts, recorders courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name. (b) The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges for certain costs, fees, or surcharges by any clerk of court or other officer or agent of any court. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority. The costs, fees, and surcharges subject to this Code section are:
(1) The additional divorce case filing fee under Code Section 15-6-77.4 and the additional marriage license fee under Code Section 15-9-60.1; (2) The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section 1521-73; (3) The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section 15-21-112; (4) The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; (5) Fees collected by the courts under Code Section 42-8-34; and (6) Local victim assistance funds collected pursuant to Article 8 of Chapter 21 of this title.

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15-21A-4. (a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 1521A-6, the authority shall notify the chief judge of superior court of the county in which the court is located.
(b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3; and all clerks or other officers or agents remitting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures. (d) The authority shall remit all funds collected to the designated receiving entities or general fund of the state treasury within 60 days of receiving such funds.
15-21A-5. (a) The authority shall be entitled to retain from the funds received by the authority under Code Section 15-21A-3 and 15-21A-6 an amount equal to 1 percent of such funds, but in no event more than $500,000.00 per fiscal year, to reimburse the authority for its costs in administering this chapter. The net proceeds, after deduction of such administrative costs, from the funds received by the authority under Code Section 1521A-3 shall be remitted by the authority as follows:
(1) The net proceeds received pursuant to paragraph (1) of subsection (b) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (2) The net proceeds received pursuant to paragraph (2) of subsection (b) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (3) The net proceeds received pursuant to paragraph (3) of subsection (b) of Code Section 15-21A-3 shall be remitted to the Georgia Crime Victims Compensation Board to be deposited into the Georgia Crime Victims Emergency Fund; (4) The net proceeds received pursuant to paragraph (4) of subsection (b) of Code Section 15-21A-3 shall be remitted to the Brain and Spinal Injury Trust Fund Commission for deposit into the Brain and Spinal Injury Trust Fund; (5) The net proceeds received pursuant to paragraph (5) of subsection (b) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; and

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(6) The net proceeds received pursuant to paragraph (6) of subsection (b) of Code Section 15-21A-3 shall be remitted pursuant to Code Section 15-21-132 for local victim assistance. (b) The net proceeds received pursuant to Code Section 15-21A-6 shall be remitted to the general fund of the state treasury. (c) Any interest earned on funds subject to this chapter while in the custody of the authority shall be remitted to the general fund of the state treasury.
15-21A-6. (a) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury.
15-21A-7. (a) As used in this Code section the term 'court' means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal,

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and special courts, whether called mayors courts, recorders courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name. (b) The authority shall develop a reporting and accounting system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk or agent shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with such clerk or agents and all agencies of the state shall cooperate in providing on a timely basis any information or data requested by the authority in a format prescribed by the authority by regulation. (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 General 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 Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.
15-21A-8. Any clerk of court or any other officer or agent receiving any funds subject to this chapter who knowingly fails to pay over any such funds to the authority as required by this chapter, after receiving notice from the authority that such funds are delinquent, shall be guilty of a misdemeanor, except that if the amount of funds knowingly not paid over is $10,000.00 or more then such person shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years. The offense created by this Code section shall not merge with any other offense."
SECTION 11. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (c) of Code Section 17-12-3, relating to the membership of the Georgia Public Defender Standards Council, and inserting in lieu thereof the following:
"(c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. 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 attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council."

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SECTION 12. Said Title 17 is further amended by adding a new subsection to Code Section 17-12-8, relating to approval of the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, to read as follows:
"(c) The initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval."
SECTION 13. Said Title 17 is further amended by inserting a new Code section to read as follows:
"17-12-10.1. (a) There is created the General 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 the 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 the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.

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(c) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on 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 shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) Notwithstanding subsection (c) of Code Section 45-12-78, the council shall submit its budget estimate to the director of the Office of Planning and Budget prior to submitting its budget estimate to the Judicial Council of Georgia. The councils budget estimate included in the Governors budget report as provided in subsection (d) of Code Section 45-12-78 shall be as submitted by the Judicial Council of Georgia; provided, however, that the Governor shall be authorized to analyze the councils budget estimate and include such analysis as a part of the Governors budget report. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit of the council be conducted."
SECTION 14. Said Title 17 is further amended by adding a new Code section to read as follows:
"17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter."
SECTION 15. Said Title 17 is further amended by striking subsection (b) of Code Section 17-12-11,

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relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council, funding, and personnel, and inserting in lieu thereof the following:
"(b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level."
SECTION 16. Said Title 17 is further amended by adding a new article to read as follows:
"ARTICLE 1A
17-12-19.1. As used in this article, the term:
(1) 'County governing authority' means the judge of the probate court, board of county commissioners, or other authority in a county which by law has the duty to levy taxes and provide funds for the operation of the courts in the county. (2) 'Court concerned' means a court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a party or over the detention of an indigent person. When a superior court has prescribed an arrangement under paragraph (1) of subsection (a) of Code Section 17-12-19.3, it shall also be a 'court concerned.' (3) 'Criminal proceedings' means any proceedings in which a person is charged with a violation of a local ordinance or state law; and, because of the violation, the person may be incarcerated in any jail or other penal institution in this state. (4) 'Defending attorney' means an assigned attorney, an attorney attached to the staff of a nonprofit legal aid agency, a public defender, or an attorney attached to the staff of a public defender. (5) 'Indigent person' means a person who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of legal representation, determined as provided for in this article.
17-12-19.2. When there are more than two judges of the superior court in a county or circuit, any action required under this article, in the form of a rule of the court, must be taken by at least a majority of the judges of that court. Where there are only two judges, the action must be concurred in by both judges.
17-12-19.3. (a) All courts of this state having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the representation of indigent persons in criminal

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proceedings in such court. After ascertaining that the defendant is in fact indigent, it shall provide this representation by:
(1) An arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk or deputy clerk of the superior court, the clerk or deputy clerk of the court concerned, or of an administrator appointed by the superior court for such purpose; (2) An arrangement whereby a nonprofit legal aid agency or agencies will be assigned to provide the representation; or (3) An arrangement whereby a combination of the above arrangements indicated in paragraphs (1) and (2) of this subsection will provide the representation. (b) Until the superior court in a county has by rule prescribed an appropriate arrangement, any court concerned may assign attorneys to provide the representation. In this event, any court concerned may, by its own rule, prescribe an arrangement whereby attorneys will be assigned on an equitable basis through a systematic, coordinated plan under delegation to and supervision of the clerk or deputy clerk of that court. (c) Any arrangement under subsection (a) of this Code section may be made applicable to one, or more, or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit. (d) If the superior court in a county for any reason does not provide for an arrangement prescribed in subsection (a) of this Code section, the county governing authority may perform the functions ascribed to the superior court in this Code section.
17-12-19.4. (a) When a superior court prescribes an arrangement under Code Section 17-12-19.3 which involves the assignment of attorneys, it shall prescribe the compensation of the defending attorneys whom it assigns as provided for in this article and approve the expenses necessarily incurred by them in the defense of indigents under this article. The county governing authority shall recommend the limits for attorney fees for the several courts in the county that may be prescribed by the courts for the defense of indigents and such investigation expenses as may be necessary and approved by the court. (b) Notwithstanding subsection (a) of this Code section, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits prescribed in subsection (a) of this Code section as the trial court may determine and find to be necessary to provide for compensation for protracted representation. (c) The county governing authority shall pay assigned attorneys the amounts prescribed in this Code section from public funds available for the operation of the courts in the county.
17-12-19.5. (a) When a nonprofit legal aid agency is involved in providing legal services to an

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indigent person under this article, the court concerned may allow to the legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency the amount so determined from public funds available for the operation of the courts in the county. (b) The county governing authority may, in lieu of compensation allowable under subsection (a) of this Code section, contract with a nonprofit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this article.
17-12-19.6. (a) In addition to the arrangements authorized under Code Section 17-12-19.3, the superior court of a county, with the concurrence of the county governing authority, may establish and maintain an office of public defender to provide indigent persons with the representation contemplated under this article. (b) If an office of public defender is established for a county, the superior court of that county shall appoint a person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with a crime. During his or her incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his or her office unless he or she is approved in writing to practice criminal law by the senior judge of the superior court of his or her judicial circuit. The superior court, with the concurrence of the county governing authority, shall determine whether the public defender is to be employed on a full-time or a parttime basis and shall determine his or her compensation. (c) If an office of public defender is established, the public defender may employ, in the manner and at the compensation prescribed by the superior court and concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this subsection serves at the pleasure of the public defender, unless his or her position is under a civil service system in which he or she may be removed only for cause. (d) If an office of public defender is established, the county governing authority shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defenders responsibilities under this article or shall grant the public defender an allowance in place of such facilities. (e) If an office of public defender is established, his or her compensation, expenses and allowances, and the expense necessary to establish, maintain, and support his or her office shall be paid by the county governing authority out of public funds available for the operation of the courts in the county. (f) The superior court of a circuit, with the concurrence of the county governing authority of two or more counties within the same circuit, may establish and maintain a

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joint office of public defender under this Code section; or a single governing authority may contract with a public defender of another county within the same circuit for the services of his or her office to serve as the public defender, provided the superior court of the circuit and the governing authority of the county concur in the contract.
17-12-19.7. No person may be assigned the primary responsibility of representing an indigent person unless he or she is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under Chapter 20 of Title 15 is competent to represent an indigent person, provided that in any trial a person authorized to practice law in this state is also present.
17-12-19.8. At any stage of the criminal proceedings, including appeal or other post-conviction proceedings, the court concerned may for good cause assign a substitute attorney. The substitute attorney shall have the same functions with respect to the indigent person as the attorney for whom he or she is substituted. If the substitute attorney is not employed in the office of the public defender or in a nonprofit legal aid agency serving under this article, the court shall prescribe reasonable compensation for him or her and approve the expenses necessarily incurred by him or her in the defense of the indigent person, as provided in Code Section 17-12-4.
17-12-19.9. (a) When a superior court prescribes an arrangement for providing representation under this article, it may also prescribe a standard to govern the determination of indigency by all courts concerned within the county. The superior court may prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing an indigency standard, the superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being considered indigent, nor shall it be necessary that a person be destitute or a pauper to be considered indigent. (b) In a proceeding to determine indigency under this Code section, any person who makes a false statement, under oath, concerning any material factor related to his, her, or anothers ability to pay for legal services commits the crime of perjury. (c) To the extent that a person covered under this Code section is able to provide for the employment of an attorney, the other necessary services and facilities of representation, and court costs, the court concerned may order him or her to provide for this payment or reimbursement.

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17-12-19.10. (a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this article:
(1) To which he or she was not entitled; (2) With respect to which he or she was not an indigent person when he or she received it; or (3) With respect to which he or she has failed to make payment or reimbursement ordered under subsection (c) of Code Section 17-12-19.9 and for which he or she refuses to pay or reimburse. (b) An action must be brought within four years after the date on which the aid was received. (c) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a) of this Code section, who has received legal assistance under this article and who, on the date on which the action is brought, is financially able but refuses to pay or reimburse the county for the assistance according to the standards of ability to pay applicable under this article. The action must be brought within four years after the date on which the benefit was received.
17-12-19.11. (a) A defending attorney shall keep appropriate records respecting each indigent person whom he or she represents under this article. (b) The public defender, legal aid agency, or person administering a court prescribed defender plan shall submit an annual report to the county governing authority, which report shall show the number of persons represented under this article, the crimes involved, the outcome of each case, and the expenditures (totaled by kind) made in carrying out the responsibilities imposed by this article. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties which the program serves.
17-12-19.12. (a) For each fiscal year, the county governing authority in each county shall include in its annual budget for the operations of the courts in the county an additional amount to finance the costs and expenses necessary for the implementation of this article. (b) The county governing authority in each county may accept private contributions for the support of the administration of this article.
17-12-19.13. This article applies only to counties that were operating local indigent defense programs under former Article 1 of this chapter, 'The Georgia Criminal Justice Act,' as it existed immediately prior to December 31, 2003, for representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States if:

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(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this state; or (2) Representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A).
17-12-19.14. This article shall be repealed in its entirety on December 31, 2004."
SECTION 17. Said Title 17 is further amended by striking subsection (a) of Code Section 17-12-20, relating to the public defender selection panel for each judicial circuit, and inserting in lieu thereof the following:
"(a) There is created in each judicial circuit in the state a circuit public defender selection panel to be composed of five members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia shall not serve as a member of the circuit public defender selection panel after July 1, 2005. Members of the circuit public defender selection panel shall reside in the judicial circuit in which he or she serves they serve. The circuit public defender selection panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority."
SECTION 18. Said Title 17 is further amended by striking subsection (a) of Code Section 17-12-25, relating to the salary of the circuit public defender, and inserting in lieu thereof the following:
"(a) Each circuit public defender shall receive an annual salary of $87,593.58 and costof-living adjustments as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds as prescribed by the council."
SECTION 19. Said Title 17 is further amended by striking Code Section 17-12-26, relating to the budget of the council and support from the Administrative Office of the Courts, and inserting in lieu thereof the following:

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"17-12-26. (a) The council shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with Code Section 45-12-78. The budget request shall be based on the previous years expenditures and budget requests submitted by each circuit public defender, the multicounty public defender office or its successor, and the office of the mental health advocate. The councils budget shall not contain any request for funding for the operation of the circuit public defender offices nor any other funding related to funding for this article until the budget submission for Fiscal Year 2005. The councils total budget request for funding for the operations of the circuit public defender offices and the councils programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections 15-21-73 and 15-21A-6. For fiscal years beginning prior to July 1, 2006, such funds collected for indigent defense may be estimated by the council based on actual monthly collections received prior to the councils budget request submission. The council is also authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office and the office of the mental health advocate. (c) The director of the Administrative Office of the Courts shall provide general administrative support, which shall include purchasing, payroll, and similar administrative services, to the council. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the council and may not in any manner use funds appropriated to or otherwise designated for the council.
(e)(c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection.

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(4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section."
SECTION 20. Said Title 17 is further amended by striking Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions, and inserting in lieu thereof the following:
"17-12-27. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants. (b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes jobs of assistant public defenders and the minimum qualifications required for appointment or promotion to each class job shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-30 and 17-12-34. (c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary schedule range established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each class job established in accordance with subsection (b) of this Code section shall be as follows: (1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender.

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(d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-30.
(e)(1) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an assistant public defender appointed pursuant to this Code section may be advanced one step increased at the first of the calendar month following the anniversary of his or her appointment. (3) The salary of any Any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps increased effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorneys class job classification. (f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest class job at any time the attorney meets the minimum qualifications for such class job, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class job from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest class job, the assistant public defender shall enter the higher class job at the an annual salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. (h) Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July 1, 2005, may elect, with the consent of the former employer and the consent of the council, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council to the entity on behalf of the employee shall not exceed the amount otherwise payable to or for the employee under the circumstance where the employee had become a state employee."

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SECTION 21. Said Title 17 is further amended by striking subsections (d) and (e) of Code Section 1712-28, relating to appointment of investigator, and inserting in lieu thereof the following:
"(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule range established pursuant to Code Section 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 nor more than 70 percent of the compensation of the circuit public defender from state funds.
(e)(1) Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the general job on the state-wide pay schedule ranges. (2) Any person who is employed in a nonstate paid investigators position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the job and salary range commensurate with the education and experience of the employee. salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to the an annual salary step which is one step above the at least equal to the annual salary the person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years that gives the officer credit for experience as a fulltime certified peace officer."
SECTION 22. Said Title 17 is further amended by striking subsection (b) of Code Section 17-12-29, relating to employment of supplemental personnel and compensation, and inserting in lieu thereof the following:
"(b) Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule range developed in accordance with Code Section 17-12-30."
SECTION 23. Said Title 17 is further amended by striking subsection (c) of Code Section 17-12-30, relating to classification of personnel, and inserting in lieu thereof the following:
"(c)(1) The council shall establish salary schedules ranges for each state paid position authorized by this article or any other provision of law. Salary schedules ranges shall be similar to the general and special schedules state-wide and senior executive ranges adopted by the State Merit System of Personnel Administration and shall provide for a minimum, entry step and not less than ten additional steps, midpoint, and maximum

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salaries not to exceed the maximum allowable salary. In establishing the salary schedule ranges, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule ranges to include acrossthe-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class job to which the person is appointed and the appropriate step of the salary schedule range. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step increased at the first of the calendar month following the annual anniversary of the persons appointment. No employees salary shall be advanced beyond the maximum established in the applicable pay schedule range. (4) Any reduction in salary shall be made in accordance with the salary schedule range for the position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services or the Administrative Office of the Courts, as determined by the council, as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services or the Administrative Office of the Courts, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article."
SECTION 24. Said Title 17 is further amended by striking paragraph (1) of subsection (a) of Code Section 17-12-36, relating to establishment of alternate indigent defense delivery systems, as enacted by Ga. L. 2003, p. 191, and inserting in lieu thereof the following:
"(1) The delivery system: (A) Has 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;".
SECTION 25. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers

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and agencies, is amended by adding a new Chapter 6 to read as follows:
"CHAPTER 6
35-6-1. There is created the State Victim Services Commission. Such commission shall be responsible for developing a comprehensive state plan for assisting men, women, and children who are victims of crime through the distribution of the fine surcharges imposed for local victim assistance programs.
35-6-2. (a) The State Victim Services Commission shall consist of 15 members as follows:
(1) The executive director of the Prosecuting Attorneys Council of Georgia or his or her designee; (2) The president of the Georgia Sheriffs Association or his or her designee; (3) The executive director of the Criminal Justice Coordinating Council or his or her designee; (4) The chairperson of the Georgia Commission on Family Violence or his or her designee; (5) The executive director of the Georgia Coalition Against Domestic Violence or his or her designee; (6) The executive director of the Association County Commissioners of Georgia or his or her designee; (7) The executive director of the Childrens Advocacy Centers of Georgia or his or her designee; (8) The executive director of the Georgia Superior Court Clerks Cooperative Authority or his or her designee; (9) The executive director of the Georgia Association of Homes and Services for Children or his or her designee; (10) The executive director of the Georgia Municipal Association or his or her designee; (11) The executive director of the Georgia Network to End Sexual Assault or his or her designee; (12) A district attorney appointed by the Prosecuting Attorneys Council of Georgia; (13) One member appointed by the Governor; (14) One member appointed by the Lieutenant Governor; and (15) One member appointed by the Speaker of the House of Representatives. (b) The term of appointment shall be three years for initial members appointed in accordance with the provisions of paragraphs (13) and (15) of subsection (a) of this Code section. The term of appointment shall be two years for initial members appointed in accordance with the provisions of paragraphs (12) and (14) of subsection (a) of this Code section. The letter of appointment shall set out the term for which each member is appointed. Thereafter, each member shall be appointed for a term of two

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years, and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official. (c) The commission shall elect a chairperson, vice chairperson, and a secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the commission. (d) The commission shall hold regular meetings at such times and such places as it may deem necessary or convenient to enable the commission to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. Special meetings may be called by the chairperson or a majority of the members of the commission. (e) A quorum for transacting business shall be determined by the members of the commission. (f) The members of the commission shall serve without compensation or expense reimbursement.
35-6-3. (a) The State Victim Services Commission shall have the following powers and duties:
(1) To review the financial reports submitted pursuant to Code Section 15-21-132 concerning local victim assistance programs; (2) To assess the degree of compliance of the courts in collecting and forwarding funds authorized to be collected pursuant to Article 8 of Chapter 21 of Title 15; (3) To review and determine the extent to which county governing authorities collect funds from the courts and distribute such funds to victim services programs; (4) To assess the extent to which such funds are utilized by such victim services programs to provide direct services to victims of crimes; (5) To recommend changes in legislation that will ensure compliance in the collection, distribution, and use of victim assistance funds as needed; and (6) To recommend as necessary and advisable rules and regulations for the collection and distribution of funds by court officers pursuant to Article 8 of Chapter 21 of Title 15. (b) The commission may establish a victim services ombudsman program, provided that funds are appropriated by the General Assembly for such purpose or the commission receives sufficient funds from private grants or donations to fund such program.
35-6-4. (a) The state auditor is authorized and directed to assist the State Victim Services Commission in the discharge of its duties set forth in this chapter. (b) Any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15 shall make available to the State Victim Services Commission, the state auditor, or such other persons as the State Victim Services Commission may designate all books and records of all receipts, income, and expenditures of such funds. The commission and its designees shall be

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authorized to inspect and make abstracts of records of services provided to victims of crimes by any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15, provided that the commission and its designees shall not disclose the content of individually identifiable records that contain information that is privileged or confidential under the laws of this state or federal law."
SECTION 26. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-8-34, relating to determination and disposition of probation, and inserting in its place a new subsection to read as follows:
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorders, mayors, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth last day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit to the Georgia Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury."

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SECTION 27. (a) Sections 1 through 16, Sections 25 and 26, this section, and Section 28 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 17 of this Act shall become effective on January 1, 2005; provided, however, that for purposes of the appointment of the members of the circuit public defender selection panels in conformity with Section 17 of this Act as may be necessary or appropriate to prepare for and phase in full implementation of Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated as enacted by Ga. L. 2003, p. 191, Section 17 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (c) Sections 18 through 24 of this Act shall become effective on January 1, 2005.
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson

Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MAY 5, 2004

Y Harbin E Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Murphy of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Douglas of the 73rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1EX was ordered immediately transmitted to the Senate.

The Speaker Pro Tem assumed the Chair.

The following Resolutions of the House were read and adopted:

HR 19EX. By Representatives Smith of the 76th, Douglas of the 73rd, Royal of the 140th and Heard of the 75th:
A RESOLUTION commending B. J. Elder; and for other purposes.

HR 20EX. By Representatives Smith of the 76th, Heard of the 75th and McBee of the 74th:

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A RESOLUTION recognizing and commending Athens First Bank and Trust Company on its 75th anniversary; and for other purposes.

HR 21EX. By Representatives Heath of the 18th, Coleman of the 118th, Richardson of the 26th, Westmoreland of the 86th, Maxwell of the 27th and others:
A RESOLUTION congratulating and commending Comer B. Yates; and for other purposes.

HR 22EX. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION recognizing and expressing gratitude to Mr. Harold Abbott; and for other purposes.

HR 23EX. By Representatives Coleman of the 118th, Warren of the 99th, Birdsong of the 104th and Roberts of the 135th:
A RESOLUTION honoring the memory of Petty Officer 3rd Class Christopher Dickerson, USNR, and expressing regret at the loss of his life in service to his country; and for other purposes.

HR 24EX. By Representative Beasley-Teague of the 48th, Post 2:
A RESOLUTION commending the American Clergy Leadership Conference and recognizing Saturday, April 17, 2004, as a day of reconciliation and peace in Georgia; and for other purposes.

HR 25EX. By Representatives Purcell of the 122nd, Stephens of the 123rd, Lane of the 101st, Keen of the 146th, Skipper of the 116th and others:
A RESOLUTION congratulating and commending WTOC of Savannah; and for other purposes.

HR 26EX. By Representatives Purcell of the 122nd, Stephens of the 123rd, Lane of the 101st, DeLoach of the 127th, Bordeaux of the 125th and others:

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A RESOLUTION congratulating and commending Hospice Savannah; and for other purposes.

HR 27EX. By Representatives Harrell of the 54th, Rice of the 64th, Coleman of the 65th, Porter of the 119th, Coleman of the 118th and others:
A RESOLUTION honoring Dr. Donald Magee; and for other purposes.

HR 28EX. By Representative Mosley of the 129th, Post 1: A RESOLUTION commending Stephanie Vera; and for other purposes.

HR 29EX. By Representatives Houston of the 139th and Royal of the 140th:
A RESOLUTION congratulating Mr. Brian Law on his selection as the 2004 American School Counselor Association (ASCA) National Elementary School Counselor of the Year; and for other purposes.

HR 30EX. By Representatives Harbin of the 80th, Fleming of the 79th and Burmeister of the 96th:
A RESOLUTION commending the Martinez Lumberjacks; and for other purposes.

HR 31EX. By Representative Mills of the 67th, Post 2: A RESOLUTION commending Jerry Douglas Smith; and for other purposes.

HR 32EX. By Representatives Hanner of the 133rd and Coleman of the 118th:
A RESOLUTION commending Lieutenant Colonel John Heath; and for other purposes.

HR 33EX. By Representatives Coleman of the 118th, Porter of the 119th and Parrish of the 102nd:

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A RESOLUTION commending Charlotte C. Williams; and for other purposes.

HR 34EX. By Representative Noel of the 44th:
A RESOLUTION congratulating and commending Lillie Stinson Wade; and for other purposes.

HR 35EX. By Representatives Mobley of the 58th, Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Teper of the 42nd, Post 1, Anderson of the 100th and others:
A RESOLUTION expressing regret at the passing of Willie Frank McGhee; and for other purposes.

HR 36EX. By Representatives Ashe of the 42nd, Post 2, Greene-Johnson of the 60th, Post 3, McClinton of the 59th, Post 1 and Mobley of the 58th:
A RESOLUTION honoring Judith Promnitz Marine; and for other purposes.

HR 37EX. By Representatives Ashe of the 42nd, Post 2, Greene-Johnson of the 60th, Post 3, McClinton of the 59th, Post 1 and Mobley of the 58th:
A RESOLUTION recognizing and congratulating several esteemed faculty members upon their retirement from Agnes Scott College; and for other purposes.

HR 38EX. By Representatives Smith of the 76th, Heard of the 75th, Coleman of the 118th, Porter of the 119th, Skipper of the 116th and others:
A RESOLUTION recognizing Dr. Louise McBee and honoring her service in the House of Representatives; and for other purposes.

HR 39EX. By Representatives Scott of the 138th, Roberts of the 131st, Keen of the 146th, Richardson of the 26th, Westmoreland of the 86th and others:

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A RESOLUTION honoring the memory of Alec Loyd Poitevint and expressing sympathy on his passing; and for other purposes.

HR 40EX. By Representatives Birdsong of the 104th and Jenkins of the 93rd:
A RESOLUTION expressing regret at the passing of Thomas A. White, Jr. and offering condolences to his family and friends; and for other purposes.

HR 41EX. By Representatives Hugley of the 113th, Smyre of the 111th, Buckner of the 109th, Smith of the 110th, Coleman of the 118th and others:
A RESOLUTION commending Honorable Thomas B. Buck III; and for other purposes.

HR 42EX. By Representative Jackson of the 124th, Post 1:
A RESOLUTION commending and congratulating Judge Emory Bazemore; and for other purposes.

The Speaker Pro Tem announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

4136

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Thursday, May 6, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

E Amerson Anderson Ashe Bannister Barnard
E Barnes Black Bridges Brock Broome Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler
E Campbell Chambers Channell Childers Coleman, B Cooper Crawford Cummings Day

Deloach Dodson E Dollar Dooley Douglas E Drenner Ehrhart Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner E Golick Graves, D Greene Hanner Harbin E Harper Heard, J E Heard, K Heckstall E Hembree E Hill, C.A

Hill, V Hines Houston Howard Howell Hugley Jackson James Jamieson Jordan E Joyce Keen Lane Lewis Maddox Mangham Manning Marin Martin Maxwell McBee E McCall Millar Mills Mitchell Moraitakis

Mosby Mosley Murphy, Q Noel Oliver, B Oliver, M O'Neal E Parham Parrish Parsons Porter Purcell Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L E Rogers, C Royal Rynders Scott Shaw

Sheldon Sholar Skipper Smith, B Smith, L Smith, P Smith, T E Smith, V Snow Stephens, R Stoner Teilhet Teper Thomas Morgan Walker, L Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Brooks of the 47th; Casas of the 68th; Coan of the 67th, Post 1; Dean of the 49th; Dukes of the 136th; Floyd of the 69th, Post 2; Greene-Johnson of the 60th, Post 3; Heath of the 18th; Henson of the 55th; Hill of the 16th; Holmes of the 48th, Post 1; Jenkins of the 93rd; Jenkins of the 8th; Knox of the 14th, Post 1; Lucas of the 105th; Massey of the 24th; McClinton of the 59th, Post 1; Mobley of the 58th; Murphy of the 14th, Post 2; Orrock of the 51st; Powell of the 23rd; Ralston of the 6th; Rogers of the 15th; Sims of the 130th; Sinkfield of the 50th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephens of the 124th, Post 2; Stokes of the 72nd; Thomas of the 43rd, Post

THURSDAY, MAY 6, 2004

4137

1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; Watson of the 60th, Post 2; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Representative James Mills, 67th District, Post 2, Gainesville, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

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Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 18EX Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 18EX. By Representatives Buckner of the 82nd, Mosley of the 129th, Post 1, Hugley of the 113th, Manning of the 32nd, Reece of the 11th and others:
A RESOLUTION commending Colonel Angela Manos and inviting her to appear before the House of Representatives; and for other purposes.

Representative Greene of the 134th assumed the chair.

The following Resolutions of the House were read and adopted:

HR 43EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th, Smyre of the 111th and Heard of the 75th:
A RESOLUTION commending Honorable Louise McBee; and for other purposes.

HR 44EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th, Sims of the 130th and Smyre of the 111th:
A RESOLUTION recognizing and commending Honorable Jim Stokes; and for other purposes.

THURSDAY, MAY 6, 2004

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HR 45EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th and Smyre of the 111th:
A RESOLUTION commending Honorable Sally Harrell; and for other purposes.

HR 46EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th and Smyre of the 111th:
A RESOLUTION commending Honorable Nick Moraitakis; and for other purposes.

HR 47EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th and Smyre of the 111th:
A RESOLUTION commending Honorable Scott Dix; and for other purposes.

HR 48EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th, Smyre of the 111th and Shaw of the 143rd:
A RESOLUTION commending Honorable Mike Boggs; and for other purposes.

HR 49EX. By Representatives Hill of the 16th and Rogers of the 15th: A RESOLUTION recognizing Ms. Charlice Byrd; and for other purposes.

HR 50EX. By Representative Stephens of the 124th, Post 2:
A RESOLUTION commending the St. Benedict the Moor Catholic Church on the occasion of its 130th anniversary; and for other purposes.

HR 51EX. By Representatives Brooks of the 47th, Holmes of the 48th, Post 1, Sinkfield of the 50th, Smyre of the 111th, Thomas Morgan of the 33rd, Post 2 and others:

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JOURNAL OF THE HOUSE
A RESOLUTION honoring the life of Mrs. Evelyn Gibson Redmond and expressing regret at her passing; and for other purposes.

HR 52EX. By Representative Stephens of the 124th, Post 2:
A RESOLUTION commending the Connor's Temple Baptist Church; and for other purposes.

HR 53EX. By Representative Greene of the 134th:
A RESOLUTION commending the Treviicos/Rodio Joint Venture; and for other purposes.

HR 54EX. By Representatives Coleman of the 118th, Skipper of the 116th, Porter of the 119th, Smyre of the 111th, Orrock of the 51st and others:
A RESOLUTION joining in recognition of May 6, 2004, as a National Day of Prayer; and for other purposes.

HR 55EX. By Representative Smith of the 87th:
A RESOLUTION commending the Heritage High School Lady Hawks tennis team; and for other purposes.

HR 56EX. By Representative Floyd of the 132nd:
A RESOLUTION celebrating the life of James Ralph Matthews, Sr. and expressing sorrow at his passing; and for other purposes.

HR 57EX. By Representative Stephenson of the 60th, Post 1:
A RESOLUTION recognizing and commending Pastor Emeritus Hubert Floyd Shepherd; and for other purposes.

HR 58EX. By Representatives Royal of the 140th and Houston of the 139th:

THURSDAY, MAY 6, 2004

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A RESOLUTION commending Raymond Luther Dalton; and for other purposes.

HR 59EX. By Representatives Wilkinson of the 41st and Willard of the 40th:
A RESOLUTION marking the 40th Anniversary of North Springs High School; and for other purposes.

HR 60EX. By Representatives Heath of the 18th, Butler of the 88th, Post 1 and Maxwell of the 27th:
A RESOLUTION congratulating and commending the Bremen Rotary Club; and for other purposes.

Representative Skipper of the 116th assumed the Chair.

Representative Teper of the 42nd, Post 1 moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

4142

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Friday, May 7, 2004

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Anderson Ashe Bannister Barnard E Barnes Bridges Brock Brooks Broome E Brown Bruce Buck Buckner, D Buckner, G Burmeister Butler Campbell Chambers Channell Childers Coleman, B Crawford Cummings Day

Deloach E Dollar
Dooley Douglas E Drenner Epps Fleming Floyd, H Floyd, J E Fludd Forster Franklin Gardner E Golick Graves, D Graves, T Greene Harper Harrell Heard, J E Heard, K Heath Hembree E Henson Hill, C

E Hill, C.A Hill, V Hines Houston Howard Howell Hugley
E Jackson James Jamieson Jordan
E Joyce Keen Knox Lane Lewis Mangham Manning Martin McBee
E McCall Mills Mitchell Moraitakis Mosley

Murphy, Q Oliver, B Oliver, M O'Neal E Parham Parrish Parsons Porter Powell Purcell Ralston Randall Reece, B E Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Royal Rynders Scott Shaw Sheldon Sholar

Sims Skipper Smith, B E Smith, L Smith, P Smith, T E Smith, V Snow Stephens, E Stephens, R Teper Thomas Morgan Thompson Walker, L E Walker, R.L Warren Watson White Wilkinson Willard Williams, A Williams, E Williams, R Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Birdsong of the 104th; Black of the 144th; Bunn of the 63rd; Coan of the 67th, Post 1; Cooper of the 30th; Dean of the 49th; Dukes of the 136th; Elrod of the 25th; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Harbin of the 80th; Heard of the 75th; Heckstall of the 48th, Post 3; Holmes of the 48th, Post 1; Jenkins of the 8th; Jenkins of the 93rd; Jones of the 38th; Lucas of the 105th; Lunsford of the 85th, Post 2; Marin of the 66th; Massey of the 24th; Maxwell of the 27th; McClinton of the 59th, Post 1; Millar of the 52nd; Mosby of the 59th, Post 3; Murphy of the 14th, Post 2; Noel of the 44th; Ray of the 108th; Rogers of the 15th; Sinkfield of the 50th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stokes of the 72nd; Stoner of the 34th, Post 1; Teilhet

FRIDAY, MAY 7, 2004

4143

of the 34th, Post 2; Thomas of the 43rd, Post 1; Westmoreland of the 86th; and Wix of the 33rd, Post 1.
They wish to be recorded as present.

Prayer was offered by Representative Randal Mangham, District 62, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Representative Stanley-Turner of the 43rd, Post 2 arose to a point of personal privilege and addressed the House.

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Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 61EX. By Representatives Buckner of the 82nd, Cummings of the 19th, Brooks of the 47th, Williams of the 128th, Williams of the 61st, Post 2 and others:
A RESOLUTION recognizing and commending Mr. Jim Tudor; and for other purposes.

HR 62EX. By Representatives Lunsford of the 85th, Post 2, Richardson of the 26th, Massey of the 24th, Keen of the 146th, Graves of the 10th and others:
A RESOLUTION recognizing and congratulating Mr. and Mrs. Earl White on their upcoming 50th wedding anniversary; and for other purposes.

HR 63EX. By Representatives Smith of the 76th and Douglas of the 73rd:
A RESOLUTION commending the Oconee County High School girls' gymnastics team; and for other purposes.

HR 64EX. By Representatives Smyre of the 111th, Hugley of the 113th, Buckner of the 109th, Buck of the 112th, Coleman of the 118th and others:
A RESOLUTION honoring and remembering the life of Mr. Kenneth Brian Walker; and for other purposes.

HR 65EX. By Representatives Smyre of the 111th, Coleman of the 118th, Brooks of the 47th, Thomas Morgan of the 33rd, Post 2, Ashe of the 42nd, Post 2 and others:
A RESOLUTION commending Reverend Dr. R. L. White, Jr.; and for other purposes.

FRIDAY, MAY 7, 2004

4145

HR 66EX. By Representatives Smyre of the 111th, Hugley of the 113th, Buck of the 112th, Coleman of the 118th and Skipper of the 116th:
A RESOLUTION commending Ms. Alma Haywood Bass; and for other purposes.

HR 67EX. By Representative Dollar of the 31st:
A RESOLUTION commending Nicholas Edward Piterka on attaining the rank of Eagle Scout; and for other purposes.

HR 68EX. By Representative Dollar of the 31st:
A RESOLUTION congratulating Chrystal Lee Arnold and Christopher Bradley Martin on the occasion of their wedding; and for other purposes.

HR 69EX. By Representative Dollar of the 31st:
A RESOLUTION commending and recognizing Beverly Lerner on earning the Girl Scouts of America Gold Award; and for other purposes.

HR 70EX. By Representative Dollar of the 31st:
A RESOLUTION commending and recognizing Mary Katherine Dixon on earning the Girl Scouts of America Gold Award; and for other purposes.

HR 71EX. By Representative Dollar of the 31st:
A RESOLUTION commending and recognizing Emily Rosenblum on earning the Girl Scouts of America Gold Award; and for other purposes.

HR 72EX. By Representative Dollar of the 31st:
A RESOLUTION commending and recognizing Melissa Meredith on earning the Girl Scouts of America Gold Award; and for other purposes.

4146

JOURNAL OF THE HOUSE

HR 73EX. By Representative Howard of the 98th:
A RESOLUTION commending M. Emmanuel Stokes of Augusta; and for other purposes.

HR 74EX. By Representatives Teper of the 42nd, Post 1, Coleman of the 118th, Walker of the 115th, Buck of the 112th, Royal of the 140th and others:
A RESOLUTION commending Mr. Manuel J. Maloof; and for other purposes.

HR 75EX. By Representatives Burkhalter of the 36th, Martin of the 37th, Willard of the 40th and Wilkinson of the 41st:
A RESOLUTION recognizing and expressing appreciation to Tom Campbell; and for other purposes.

HR 76EX. By Representative Stephenson of the 60th, Post 1:
A RESOLUTION commending Darrian Gordon on attaining the rank of Eagle Scout; and for other purposes.

HR 77EX. By Representative Roberts of the 131st:
A RESOLUTION recognizing and congratulating Mrs. Dell Dove on the occasion of her 40th anniversary as the secretary of the Ocilla Baptist Church; and for other purposes.

HR 78EX. By Representative Teper of the 42nd, Post 1:
A RESOLUTION commending Diane Loring Reimer; and for other purposes.

HR 79EX. By Representatives Heath of the 18th and Maxwell of the 27th:
A RESOLUTION congratulating the Buchanan High School graduating class of 1954; and for other purposes.

FRIDAY, MAY 7, 2004

4147

HR 80EX. By Representatives Sinkfield of the 50th, Thomas of the 43rd, Post 1, Smyre of the 111th, Dean of the 49th and Brooks of the 47th:
A RESOLUTION commending Reverend Bishop Frank Curtis Cummings; and for other purposes.

HR 81EX. By Representatives DeLoach of the 127th, Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, Black of the 144th, Williams of the 128th and others:
A RESOLUTION commending and expressing appreciation to the management and staff of the Fairfield Inn Atlanta-Downtown; and for other purposes.

HR 82EX. By Representatives Thomas of the 43rd, Post 1, Stanley-Turner of the 43rd, Post 2, Brooks of the 47th and Sailor of the 61st, Post 1:
A RESOLUTION commending Graham Jackson, Jr.; and for other purposes.

HR 83EX. By Representatives Thomas of the 43rd, Post 1, Stanley-Turner of the 43rd, Post 2, Brooks of the 47th, Sinkfield of the 50th and Mobley of the 58th:
A RESOLUTION recognizing May 10-15 as National Salvation Army Week in Georgia; and for other purposes.

HR 84EX. By Representatives Heard of the 75th, McBee of the 74th, Smyre of the 111th, Smith of the 76th and Brooks of the 47th:
A RESOLUTION expressing regret at the passing of Larry Elisha Blount; and for other purposes.

HR 85EX. By Representative Jones of the 38th:
A RESOLUTION commending Summit Hill Elementary School; and for other purposes.

HR 86EX. By Representative Jamieson of the 22nd:

4148

JOURNAL OF THE HOUSE A RESOLUTION commending Cathey Camp; and for other purposes.

HR 87EX. By Representatives Wilkinson of the 41st and Willard of the 40th:
A RESOLUTION honoring Mr. John B. White on the occasion of his 60th birthday; and for other purposes.

HR 88EX. By Representative Cummings of the 19th: A RESOLUTION commending Bobbie Johnson; and for other purposes.

HR 89EX. By Representatives Childers of the 13th, Post 1, Coleman of the 118th, Shaw of the 143rd, Cooper of the 30th, Channell of the 77th and others:
A RESOLUTION expressing appreciation to Gayle Griffin; and for other purposes.

HR 90EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th, Burmeister of the 96th and Massey of the 24th:
A RESOLUTION commending Honorable Chip Rogers; and for other purposes.

HR 91EX. By Representatives Richardson of the 26th, Keen of the 146th, Wilkinson of the 41st, Cooper of the 30th, Burmeister of the 96th and others:
A RESOLUTION honoring Representative Charles E. Bannister; and for other purposes.

HR 92EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th, Burmeister of the 96th and Massey of the 24th:
A RESOLUTION recognizing and commending Honorable John Douglas; and for other purposes.

FRIDAY, MAY 7, 2004

4149

HR 93EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th, Burmeister of the 96th and Massey of the 24th:
A RESOLUTION commending Honorable Bill Heath; and for other purposes.

HR 94EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th, Burmeister of the 96th and Massey of the 24th:
A RESOLUTION recognizing Honorable Roger Hines upon the occasion of his retirement from membership in the General Assembly; and for other purposes.

HR 95EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th and Burmeister of the 96th:
A RESOLUTION commending Honorable Warren Massey and congratulating him on his appointment to the State Board of Workers' Compensation; and for other purposes.

HR 96EX. By Representatives Richardson of the 26th, Keen of the 146th, Cooper of the 30th, Burmeister of the 96th and Massey of the 24th:
A RESOLUTION recognizing Honorable Brian Joyce upon the occasion of his retirement from membership in the General Assembly; and for other purposes.

HR 97EX. By Representatives Coleman of the 118th, Watson of the 60th, Post 2, Mangham of the 62nd, Smyre of the 111th, Williams of the 61st, Post 2 and others:
A RESOLUTION commending Honorable Doug Teper; and for other purposes.

HR 98EX. By Representatives Smith of the 129th, Post 2, Boggs of the 145th and Mosley of the 129th, Post 1:

4150

JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Steve Hampton; and for other purposes.

HR 99EX. By Representative Buckner of the 109th:
A RESOLUTION recognizing and celebrating the 175th Anniversary of the Talbotton Baptist Church; and for other purposes.

HR 100EX. By Representatives Richardson of the 26th and Keen of the 146th:
A RESOLUTION commending Honorable Chuck Harper; and for other purposes.

HR 101EX. By Representatives Richardson of the 26th and Keen of the 146th:
A RESOLUTION commending Honorable Craig Brock; and for other purposes.

HR 102EX. By Representatives Wilkinson of the 41st and Keen of the 146th:
A RESOLUTION commending Honorable Lynn Westmoreland; and for other purposes.

HR 103EX. By Representatives Noel of the 44th, Stoner of the 34th, Post 1 and Teilhet of the 34th, Post 2:
A RESOLUTION commending Trent Neal McNatt on attaining the rank of Eagle Scout; and for other purposes.

HR 104EX. By Representatives Noel of the 44th, Stoner of the 34th, Post 1 and Teilhet of the 34th, Post 2:
A RESOLUTION commending Matthew William Brooks on attainiing the rank of Eagle Scout; and for other purposes.

FRIDAY, MAY 7, 2004

4151

HR 105EX. By Representatives Noel of the 44th, Stoner of the 34th, Post 1 and Teilhet of the 34th, Post 2:
A RESOLUTION commending Evan Ellis Chandlee on attaining the rank of Eagle Scout; and for other purposes.

HR 106EX. By Representative Coleman of the 118th:
A RESOLUTION recognizing and expressing appreciation to Mr. James W. Spradley; and for other purposes.

HR 107EX. By Representative Martin of the 37th:
A RESOLUTION commending the Milton High School freshman boys' basketball team; and for other purposes.

HR 108EX. By Representative Williams of the 128th:
A RESOLUTION honoring Mr. and Mrs. James H. and Mildred Boyd Elder on the occasion of the 50th anniversary of their marriage; and for other purposes.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd, O`Neal of the 117th and others:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; and for other purposes.

4152

JOURNAL OF THE HOUSE

HB 3EX. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.
HB 4EX. By Representative Hudson of the 95th:
A BILL to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer of said county; and for other purposes.
HB 5EX. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:
A BILL to authorize the City of Powder Springs 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 Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

The Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

SPECIAL SESSION

2004

PART I PART II PART III PART IV -

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Resolution in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A ABBOTT, HAROLD; commend ......................................................................... HR 22EX AGNES SCOTT COLLEGE RETIREES; commend....................................... HR 37EX AMERICAN CLERGY LEADERSHIP CONFERENCE; commend ............ HR 24EX ARNOLD, CHRYSTAL LEE AND CHRISTOPHER
BRADLEY MARTIN; commend ..................................................................... HR 68EX ATHENS FIRST BANK AND TRUST COMPANY
Commend on 75th anniversary........................................................................... HR 20EX
B BANNISTER, HONORABLE CHARLES E.; commend................................. HR 91EX BASS, ALMA HAYWOOD; commend .............................................................. HR 66EX BAZEMORE, JUDGE EMORY; commend ...................................................... HR 42EX BISHOP, PHILLIP; commend............................................................................ HR 14EX BLOUNT, LARRY ELISHA; condolences ........................................................ HR 84EX BOGGS, HONORABLE MIKE; commend....................................................... HR 48EX BREMEN ROTARY CLUB; commend ............................................................. HR 60EX
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4616

INDEX

BROCK, HONORABLE CRAIG; commend .................................................. HR 101EX
BROOKS, MATTHEW WILLIAM; Eagle Scout; commend......................... HR 104EX
BUCHANAN HIGH SCHOOL GRADUATING CLASS OF 1954; commend.............................................................................. HR 79EX
BUCK, HONORABLE THOMAS B. III Commend.............................................................................................................. HR 3EX Commend.............................................................................................................. HR 4EX Commend............................................................................................................ HR 41EX
BUTLER, TIMOTHY BLAKE; commend ........................................................ HR 11EX
BYRD, MS. CHARLICE; commend .................................................................. HR 49EX

C
CAMP, CATHEY; commend .............................................................................. HR 86EX
CAMPBELL, TOM; commend ........................................................................... HR 75EX
CHANDLEE, EVAN ELLIS; Eagle Scout; commend ..................................... HR 105EX
CHAPLAINS, HOUSE OF REPRESENTATIVES Byrd, Roger........................................................................................................ Page 4083 Hill, Representative Victor ................................................................................ Page 4090 Mangham, Representative Randal..................................................................... Page 4143 Mills, Representative James .............................................................................. Page 4137 Walker, Representative Len .............................................................................. Page 4095
CLAYTON COUNTY Authorization for an employee to qualify for county election ............................. HB 7EX
CONNOR'S TEMPLE BAPTIST CHURCH; commend ................................. HR 52EX
COURTS Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX

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INDEX

4617

CRIMINAL PROCEDURE Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX
CUMMINGS, REVEREND BISHOP FRANK CURTIS; commend .............. HR 80EX
D
DALTON, RAYMOND LUTHER; commend................................................... HR 58EX
DICKERSON, CHRISTOPHER, PETTY OFFICER 3RD CLASS, USNR; condolences.................................................................... HR 23EX
DIX, HONORABLE SCOTT; commend ........................................................... HR 47EX
DIXON, MARY KATHERINE; commend ........................................................ HR 70EX
DOUGLAS, HONORABLE JOHN; commend ................................................. HR 92EX
DOVE, MRS. DELL; commend.......................................................................... HR 77EX
E
ELDER, B. J.; commend...................................................................................... HR 19EX
ELDER, JAMES H. AND MILDRED BOYD; honor..................................... HR 108EX
F
FAIRFIELD INN ATLANTA-DOWNTOWN; commend ............................... HR 81EX
FINES AND FORFEITURES Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX

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4618

INDEX

FORT MCPHERSON AND FORT GILLEM; recognize and commend ........ HR 17EX

G
GENERAL ASSEMBLY Notify Governor; General Assembly convened ................................................... HR 2EX
GLASCOCK COUNTY; treasurer; compensation ............................................... HB 4EX
GORDON, DARRIAN; Eagle Scout; commend ................................................. HR 76EX
GOVERNOR Notify Governor; General Assembly convened ................................................... HR 2EX
GRIFFIN, CITY OF; lease municipal property; recreation purposes................... HB 3EX
GRIFFIN, GAYLE; commend ............................................................................ HR 89EX

H HAMPTON, STEVE; commend ......................................................................... HR 98EX HARPER, HONORABLE CHUCK; commend .............................................. HR 100EX HARRELL, HONORABLE SALLY; commend ............................................... HR 45EX HEATH, HONORABLE BILL; commend ........................................................ HR 93EX HEATH, LIEUTENANT COLONEL JOHN; commend ................................. HR 32EX HENRY COUNTY; board of elections and registration; create............................ HB 6EX HERITAGE HIGH SCHOOL LADY HAWKS
TENNIS TEAM; commend .............................................................................. HR 55EX HINES, HONORABLE ROGER; recognize ..................................................... HR 94EX HOSPICE SAVANNAH; commend.................................................................... HR 26EX

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INDEX

4619

HOUSE OF REPRESENTATIVES House convened; notify Senate ............................................................................ HR 1EX Manos, Colonel Angela; invite to House............................................................ HR 18EX Senate convened; notify House ............................................................................. SR 1EX
HUNNICUTT, THOMAS R. (TOMMY); commend ........................................ HR 15EX
I
INDIGENT DEFENSE Funding provisions; create State Victim Services Commission........................... HB 1EX Funding provisions; create State Victim Services Commission........................... HB 2EX
J
JACKSON, GRAHAM, JR.; commend.............................................................. HR 82EX
JAMES, EVAN; commend .................................................................................... HR 5EX
JOHNSON, BOBBIE; commend......................................................................... HR 88EX
JOYCE, HONORABLE BRIAN; recognize ...................................................... HR 96EX
L
LAW ENFORCEMENT OFFICERS AND AGENCIES Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX
LAW, BRIAN; commend..................................................................................... HR 29EX
LERNER, BEVERLY; commend ...................................................................... HR 69EX

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4620

INDEX

M MAGEE, DR. DONALD; commend ................................................................... HR 27EX MALOOF, MANUEL J.; commend ................................................................... HR 74EX MANGUM, MYLLE; commend ......................................................................... HR 12EX MANOS, COLONEL ANGELA; invite to House ............................................. HR 18EX MARINE, JUDITH PROMNITZ; commend .................................................... HR 36EX MARTIN, CHRISTOPHER BRADLEY AND
CHRYSTAL LEE ARNOLD; commend......................................................... HR 68EX MARTINEZ LUMBERJACKS; commend ....................................................... HR 30EX MASSEY, HONORABLE WARREN; commend ............................................. HR 95EX MATTHEWS, JAMES RALPH, SR.; condolences .......................................... HR 56EX MCBEE, DR. LOUISE
Commend............................................................................................................ HR 43EX Honor service in House ...................................................................................... HR 38EX MCCARTHY, MARTHA JOI; commend ......................................................... HR 10EX MCGHEE, WILLIE FRANK; condolences....................................................... HR 35EX MCNATT, TRENT NEAL; Eagle Scout; commend ........................................ HR 103EX MEREDITH, MELISSA; commend ................................................................... HR 72EX MILTON HIGH SCHOOL FRESHMAN BOYS' BASKETBALL TEAM; commend ................................................................ HR 107EX MORAITAKIS, HONORABLE NICK; commend ........................................... HR 46EX

N NATIONAL DAY OF PRAYER; recognize May 6, 2004................................. HR 54EX

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INDEX

4621

NATIONAL SALVATION ARMY WEEK IN GEORGIA; recognize May 10-15..................................................................... HR 83EX
NORTH SPRINGS HIGH SCHOOL; commend on 40th anniversary ............. HR 59EX

O OCONEE HIGH SCHOOL GIRLS' GYMNASTICS TEAM; commend ...... HR 63EX

P
PARKER, CHARLES E.; commend .................................................................... HR 7EX
PENAL INSTITUTIONS Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX
PITERKA, NICHOLAS EDWARD; commend ................................................ HR 67EX
POITEVINT, ALEC LOYD; condolences ......................................................... HR 39EX
POWDER SPRINGS, CITY OF; redevelopment powers; referendum ............... HB 5EX

R REDMOND, EVELYN GIBSON; condolences................................................. HR 51EX REIMER, DIANE LORING; commend............................................................. HR 78EX ROGERS, HONORABLE CHIP; commend ..................................................... HR 90EX ROSENBLUM, EMILY; commend.................................................................... HR 71EX

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4622

INDEX

S
SENATE Notify Senate; House convened ........................................................................... HR 1EX Senate convened; notify House ............................................................................. SR 1EX
SHEPHERD, HUBERT FLOYD; commend ..................................................... HR 57EX
SKIPPER, HONORABLE JIMMY; commend................................................. HR 16EX
SMITH, JERRY DOUGLAS; commend............................................................ HR 31EX
SPRADLEY, JAMES W.; recognize ................................................................ HR 106EX
ST. BENEDICT THE MOOR CATHOLIC CHURCH Commend on 130th anniversary......................................................................... HR 50EX
STOKES, HONORABLE JIM; commend......................................................... HR 44EX
STOKES, M. EMMANUEL; commend ............................................................. HR 73EX
SUMMIT HILL ELEMENTARY SCHOOL; commend ................................. HR 85EX
SUPERIOR COURTS Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 1EX Indigent defense funding; provisions; create State Victim Services Commission......................................................................................... HB 2EX

T TALBOTTON BAPTIST CHURCH; recognize 175th anniversary ................. HR 99EX TAYLOR, SUSAN; commend ............................................................................... HR 8EX TEPER, HONORABLE DOUG; commend....................................................... HR 97EX THOMPSON, PEGGY; commend........................................................................ HR 9EX TREVIICOS/RODIO JOINT VENTURE; commend ...................................... HR 53EX TUDOR, JIM; commend ..................................................................................... HR 61EX
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INDEX

4623

V
VERA, STEPHANIE; commend......................................................................... HR 28EX
VICTIMS OF CRIME State Victim Services Commission; create; indigent defense funding.............. HB 1EX State Victim Services Commission; create; indigent defense funding.............. HB 2EX

W WADE, LILLIE STINSON; commend .............................................................. HR 34EX WALKER, KENNETH BRIAN; condolences ................................................... HR 64EX WESTMORELAND, HONORABLE LYNN; commend ............................... HR 102EX WHITE, JOHN B.; honor .................................................................................... HR 87EX WHITE, MR. AND MRS. EARL; commend..................................................... HR 62EX WHITE, REVEREND DR. R. L., JR.; commend ............................................. HR 65EX WHITE, THOMAS A., JR.; condolences........................................................... HR 40EX WILLIAMS, CHARLOTTE C.; commend ....................................................... HR 33EX WOOL, MARY J.; commend................................................................................ HR 6EX WTOC OF SAVANNAH; commend .................................................................. HR 25EX
Y YATES, COMER B.; commend.......................................................................... HR 21EX

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PART II
HOUSE BILLS
HB 1EX-- Indigent defense funding; provisions .................................. 4084, 4090, 4092, 4100, 4151
HB 2EX-- Indigent defense funding; provisions ............................................. 4085, 4090 HB 3EX-- Griffin, City of; lease municipal property; recreation
purposes ............................................................................... 4085, 4090, 4096, 4152
HB 4EX-- Glascock County; treasurer; compensation ......................... 4085, 4090, 4096, 4152
HB 5EX-- Powder Springs, City of; redevelopment powers; referendum........................................................................... 4086, 4090, 4096, 4097, 4152
HB 6EX-- Henry County; board of elections and registration; create.................................................................................... 4086, 4090, 4096, 4097
HB 7EX-- Clayton County; employee qualify for county election; authorization ........................................................................ 4086, 4090, 4096, 4098

PART III
HOUSE RESOLUTIONS
HR 1EX-- Notify Senate; House convened ............................................................... 4084 HR 2EX-- Notify Governor; General Assembly convened ............................. 4084, 4088 HR 3EX-- Buck, Honorable Thomas B. III; commend ............................................. 4087 HR 4EX-- Buck, Representative Tom; commend ..................................................... 4087 HR 5EX-- James, Evan; commend ............................................................................ 4087 HR 6EX-- Wool, Mary J.; commend ......................................................................... 4087 HR 7EX-- Parker, Charles E.; commend ................................................................... 4087 HR 8EX-- Taylor, Susan; commend .......................................................................... 4087 HR 9EX-- Thompson, Peggy; commend ................................................................... 4088 HR 10EX-- McCarthy, Martha Joi; commend............................................................. 4088 HR 11EX-- Butler, Timothy Blake; commend ............................................................ 4091 HR 12EX-- Mangum, Mylle; commend ...................................................................... 4091 HR 13EX-- Eatonton-Putnam Chamber of Commerce; commend.............................. 4091 HR 14EX-- Bishop, Phillip; commend ........................................................................ 4092 HR 15EX-- Hunnicutt, Thomas R. (Tommy); commend ............................................ 4092 HR 16EX-- Skipper, Honorable Jimmy; commend ..................................................... 4092 HR 17EX-- Fort McPherson and Fort Gillem; recognize and
commend .................................................................................................. 4092 HR 18EX-- Manos, Colonel Angela; invite to House ....................................... 4099, 4138 HR 19EX-- Elder, B. J.; commend .............................................................................. 4131 HR 20EX-- Athens First Bank and Trust Company; commend on
75th anniversary ....................................................................................... 4131 HR 21EX-- Yates, Comer B.; commend...................................................................... 4132 HR 22EX-- Abbott, Harold; commend ........................................................................ 4132 HR 23EX-- Dickerson, Christopher, Petty Officer 3rd Class,
USNR; condolences.................................................................................. 4132 HR 24EX-- American Clergy Leadership Conference; commend .............................. 4132 HR 25EX-- WTOC of Savannah; commend................................................................ 4132 HR 26EX-- Hospice Savannah; commend................................................................... 4132 HR 27EX-- Magee, Dr. Donald; commend ................................................................. 4133 HR 28EX-- Vera, Stephanie; commend....................................................................... 4133 HR 29EX-- Law, Brian; commend .............................................................................. 4133 HR 30EX-- Martinez Lumberjacks; commend............................................................ 4133 HR 31EX-- Smith, Jerry Douglas; commend .............................................................. 4133

4628

INDEX

HR 32EX-- Heath, Lieutenant Colonel John; commend ............................................. 4133 HR 33EX-- Williams, Charlotte C.; commend ............................................................ 4133 HR 34EX-- Wade, Lillie Stinson; commend ............................................................... 4134 HR 35EX-- McGhee, Willie Frank; condolences ........................................................ 4134 HR 36EX-- Marine, Judith Promnitz; commend ......................................................... 4134 HR 37EX-- Agnes Scott College retirees; commend................................................... 4134 HR 38EX-- McBee, Dr. Louise; honoring service in House of
Representatives......................................................................................... 4134 HR 39EX-- Poitevint, Alec Loyd; condolences........................................................... 4134 HR 40EX-- White, Thomas A., Jr.; condolences......................................................... 4135 HR 41EX-- Buck, Honorable Thomas B. III; commend ............................................. 4135 HR 42EX-- Bazemore, Judge Emory; commend......................................................... 4135 HR 43EX-- McBee, Honorable Louise; commend...................................................... 4138 HR 44EX-- Stokes, Honorable Jim; commend............................................................ 4138 HR 45EX-- Harrell, Honorable Sally; commend......................................................... 4139 HR 46EX-- Moraitakis, Honorable Nick; commend ................................................... 4139 HR 47EX-- Dix, Honorable Scott; commend .............................................................. 4139 HR 48EX-- Boggs, Honorable Mike; commend.......................................................... 4139 HR 49EX-- Byrd, Charlice; commend......................................................................... 4139 HR 50EX-- St. Benedict the Moor Catholic Church; commend on
130th anniversary ..................................................................................... 4139 HR 51EX-- Redmond, Evelyn Gibson; condolences................................................... 4139 HR 52EX-- Connor's Temple Baptist Church; commend............................................ 4140 HR 53EX-- Treviicos/Rodio Joint Venture; commend ............................................... 4140 HR 54EX-- National Day of Prayer; recognize May 6, 2004...................................... 4140 HR 55EX-- Heritage High School Lady Hawks tennis team;
commend .................................................................................................. 4140 HR 56EX-- Matthews, James Ralph, Sr.; condolences ............................................... 4140 HR 57EX-- Shepherd, Hubert Floyd; commend.......................................................... 4140 HR 58EX-- Dalton, Raymond Luther; commend ........................................................ 4140 HR 59EX-- North Springs High School; commend on 40th
anniversary................................................................................................ 4141 HR 60EX-- Bremen Rotary Club; commend............................................................... 4141 HR 61EX-- Tudor, Jim; commend............................................................................... 4144 HR 62EX-- White, Mr. and Mrs. Earl; commend........................................................ 4144 HR 63EX-- Oconee High School girls' gymnastics team; commend .......................... 4144 HR 64EX-- Walker, Kenneth Brian; condolences ....................................................... 4144 HR 65EX-- White, Reverend Dr. R. L., Jr.; commend................................................ 4144 HR 66EX-- Bass, Alma Haywood; commend ............................................................. 4145

INDEX

4629

HR 67EX-- Piterka, Nicholas Edward; commend ....................................................... 4145 HR 68EX-- Arnold, Chrystal Lee and Christopher Bradley Martin;
commend .................................................................................................. 4145 HR 69EX-- Lerner, Beverly; commend...................................................................... 4145 HR 70EX-- Dixon, Mary Katherine; commend........................................................... 4145 HR 71EX-- Rosenblum, Emily; commend .................................................................. 4145 HR 72EX-- Meredith, Melissa; commend ................................................................... 4145 HR 73EX-- Stokes, M. Emmanuel; commend............................................................. 4146 HR 74EX-- Maloof, Manuel J.; commend................................................................... 4146 HR 75EX-- Campbell, Tom; commend ....................................................................... 4146 HR 76EX-- Gordon, Darrian; commend...................................................................... 4146 HR 77EX-- Dove, Mrs. Dell; commend ...................................................................... 4146 HR 78EX-- Reimer, Diane Loring; commend ............................................................. 4146 HR 79EX-- Buchanan High School graduating class of 1954;
commend .................................................................................................. 4146 HR 80EX-- Cummings, Reverend Bishop Frank Curtis; commend............................ 4147 HR 81EX-- Fairfield Inn Atlanta-Downtown; commend ............................................ 4147 HR 82EX-- Jackson, Graham, Jr.; commend............................................................... 4147 HR 83EX-- National Salvation Army Week in Georgia; recognize
May 10-15................................................................................................. 4147 HR 84EX-- Blount, Larry Elisha; condolences ........................................................... 4147 HR 85EX-- Summit Hill Elementary School; commend............................................. 4147 HR 86EX-- Camp, Cathey; commend ......................................................................... 4147 HR 87EX-- White, John B.; honor............................................................................... 4148 HR 88EX-- Johnson, Bobbie; commend...................................................................... 4148 HR 89EX-- Griffin, Gayle; commend.......................................................................... 4148 HR 90EX-- Rogers, Honorable Chip; commend ......................................................... 4148 HR 91EX-- Bannister, Honorable Charles E.; commend ........................................... 4148 HR 92EX-- Douglas, Honorable John; commend ....................................................... 4148 HR 93EX-- Heath, Honorable Bill; commend............................................................. 4149 HR 94EX-- Hines, Honorable Roger; recognize ......................................................... 4149 HR 95EX-- Massey, Honorable Warren; commend .................................................... 4149 HR 96EX-- Joyce, Honorable Brian; recognize........................................................... 4149 HR 97EX-- Teper, Honorable Doug; commend .......................................................... 4149 HR 98EX-- Hampton, Steve; commend ...................................................................... 4149 HR 99EX-- Talbotton Baptist Church; recognize 175th anniversary.......................... 4150 HR 100EX-- Harper, Honorable Chuck; commend....................................................... 4150 HR 101EX-- Brock, Honorable Craig; commend.......................................................... 4150 HR 102EX-- Westmoreland, Honorable Lynn; commend ............................................ 4150

4630

INDEX

HR 103EX-- McNatt, Trent Neal; Eagle Scout; commend ........................................... 4150 HR 104EX-- Brooks, Matthew William; Eagle Scout; commend................................. 4150 HR 105EX-- Chandlee, Evan Ellis; Eagle Scout; commend ......................................... 4151 HR 106EX-- Spradley, James W.; recognize................................................................. 4151 HR 107EX-- Milton High School freshman boys' basketball team;
commend .................................................................................................. 4151 HR 108EX-- Elder, James H. and Mildred Boyd; honor ............................................... 4151

PART IV
SENATE RESOLUTION IN HOUSE SR 1EX-- Senate convened; notify House ................................................................ 4088